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HomeMy WebLinkAboutx - December 201065 VOLUME LXXI DECEMBER 20, 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 December 20, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:04 p.m. The Invocation was given by Sharon Burner from the Community Crisis Center and the Pledge of Allegiance was led by Elgin High School Girls Bowling Team and their coach Miss Dittman. ROLL CALL Roll call was answered by Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: Councilmember Gilliam. MINUTES OF THE NOVEMBER 29, 2006, AND DECEMBER 6, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the November 29, 2006 and December 6, 2006, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Gordon Schnulle, a member of the Elgin Veterans Memorial Park Committee, stated that the ground breaking for the Veterans Memorial will be next year and a number of fundraisers will be held. The first one is the sale of a 2007 calendar honoring veterans of all wars. The calendar is being sold for $14 and is available at the VFW, American Legion, and Elgin City Hall. LaVanda Wheeler stated that a number of the residents of the southeast side of Elgin, where an experimental even-odd parking ban was instituted, are really having difficulty keeping track of which side of the street on which they can park She stated that she appreciates the fact that everyone is trying to make things better in Elgin. However, she asks that the City Council reconsider the even/odd parking ban. Teresa Turner, a representative of the Elgin National Little League, addressed the Council regarding the ordinance which will eventually prohibit the display of billboards on fences surrounding Little League baseball fields. She stated that the cost of everything continually increases, and the billboards are one of their sources of revenue. They don’t want to raise the DECEMBER 20, 2006 VOLUME LXXI 1066 registration fee for players because the increased cost would probably eliminate a number of young people from being able to participate. Clarence Hayward stated that since the city and the library have large billboards, he thinks the Council should also allow the Little League teams to continue having billboards. He wished the Mayor, City Council, and all citizens a happy holiday season. Michael DeBrocke stated that the residents had been promised that a traffic signal would be installed at the intersection of Shales Parkway and Summit Street. The State of Illinois states that it is warranted, but they have no money. The City’s budget no longer includes installation of the traffic signal. However, he hopes that the City will proceed with installing the traffic signal. BID 06-115 AWARDED TO WEST PIER LAUNDRY AND CLOCK TOWER CLEANERS AND LAUNDRY FOR DRY CLEANING AND LAUNDRY SERVICES FOR POLICE AND CODE DEPARTMENT UNIFORMS AND FIRE DEPARTMENT LAUNDRY Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve a contract for the dry cleaning of the Police and Code Uniforms in the amount of $10,775.75 to Clock Tower Cleaners and Laundry and approve a contract for laundry service in the amount of $19,548.60 to West Pier Landry for the Fire Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. BID 06-117 AWARDED TO BROITZMAN PROFESSIONAL CEMETERY SERVICE FOR BURIALS AT BLUFF CITY CEMETERY Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to approve a contract to Broitzman Professional Cemetery Service for a not to exceed amount of $105,000 per year for burials at the Bluff City Cemetery at the unit prices noted in the memo provided to Councilmembers. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. PUBLIC HEARING FOR THE 2007 PROPOSED CITY OF ELGIN BUDGET Mayor Schock declared the public hearing open. Assistant City Manager Stegall stated that the proposed budget for 2007 is in the amount of $296,842,960. Clarence Hayward asked where the funding is coming from for the full-time animal control officer. Mr. Stegall responded that it is coming from the Police Department funding. Mr. Hayward stated that he was relieved that it isn’t coming from his pocket. No one else chose to speak. Mayor Schock declared the public hearing closed. VOLUME LXXI DECEMBER 20, 2006 1067 ORDINANCE T46-06 PASSED ADOPTING THE 2007 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. T46-06 AN ORDINANCE ADOPTING THE 2007 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Elgin has provided for the preparation and adoption of an annual budget in lieu of passage of an appropriation ordinance for the fiscal year 2007; and WHEREAS, a tentative annual budget has been prepared, notice given and a tentative annual budget made available for inspection for at least seven days; and WHEREAS, the City Council of the City of Elgin, Illinois, has examined said annual budget and has heard all persons appearing and desiring to be heard concerning said annual budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the tentative annual budget heretofore prepared by the budget officer and placed on file as required by statutes of the State of Illinois is hereby adopted in lieu of the passage of an appropriation ordinance for the fiscal year 2007 and is attached hereto. Section 2. That the budget officer is hereby authorized and directed to cause to be prepared and published the 2007 annual budget. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2007. s/ Ed Schock Ed Schock, Mayor DECEMBER 20, 2006 VOLUME LXXI 1068 Presented: December 20, 2006 Passed: December 20, 2006 Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk City of Elgin, IL 2007 Adopted Budget (Ordinance T46-06) 2007 Fund# Budget General Fund Revenue (010) Property Tax $26,464,000 Sales Taxes 18,410,000 Income Tax 7,455,000 Telecommunications Tax 4,024,000 Permits 3,398,000 Charges for Services 2,809,800 Investment Income 1,170,500 Transfers In 9,144,620 Working Cash Carry-Over 5,304,000 All Other 8,150,800 TOTAL REVENUE $86,330,720 General Fund Expenditures Mayor and Council $225,700 City Clerk 244,350 Office of the City Manager 1,606,450 Economic Development 370,360 Legal 920,050 Boards/Commissions 414,220 City-Sponsored Events 95,000 Non-Departmental 6,781,860 VOLUME LXXI DECEMBER 20, 2006 1069 Fiscal Services Finance 1,858,990 Human Resources 933,640 Management Information Systems 1,063,130 Purchasing and Risk Management 438,640 Community Development Code Admin. and Development 3,752,950 Planning and Neighborhood Services 1,082,680 Public Safety Police 28,229,300 Fire 15,832,130 Emergency Operations 162,250 General Services General Services Administration 0 Building Maintenance 1,978,660 Public Works 16,190,640 TOTAL EXPENDITURES $82,181,000 Special Revenue Funds (#'s) Public Benefit (201) Revenue $542,080 Expenditures 542,080 Revenue Over (Under) Expend. $0 E911 Telephone System (220) Revenue $1,500,440 Expenditures 1,500,440 Revenue Over (Under) Expend. $0 Comm. Develop. Block Grant (230) Revenue $2,205,770 Expenditures 2,205,770 Revenue Over (Under) Expend. $0 DECEMBER 20, 2006 VOLUME LXXI 1070 Spring Street Parking District (240) Revenue $133,300 Expenditures 133,300 Revenue Over (Under) Expend. $0 Drug Asset Forfeiture (250) Revenue $121,000 Expenditures 121,000 Revenue Over (Under) Expend. $0 Auto Theft Task Force (251) Revenue $424,160 Expenditures 424,160 Revenue Over (Under) Expend. $0 South Grove Tax Allocation (260) Revenue $3,790,060 Expenditures 3,790,060 Revenue Over (Under) Expend. $0 Dundee Tax Allocation (261) Revenue $312,820 Expenditures 312,820 Revenue Over (Under) Expend. $0 Central Area Tax Allocation (262) Revenue $9,384,510 Expenditures 9,384,510 Revenue Over (Under) Expend. $0 U.S. Route 20 Tax Allocation (263) Revenue $113,740 Expenditures 113,740 Revenue Over (Under) Expend. $0 Elgin Riverboat (275) Revenue $48,338,970 Expenditures 47,846,420 Revenue Over (Under) Expend. $492,550 VOLUME LXXI DECEMBER 20, 2006 1071 Elgin Riverboat Lease (276) Revenue $20,866,150 Expenditures 20,170,070 Revenue Over (Under) Expend. $696,080 Illinois Municipal Retirement (280) Revenue $8,839,850 Expenditures 8,839,850 Revenue Over (Under) Expend. $0 Motor Fuel Tax (290) Revenue $3,716,920 Expenditures 3,716,920 Revenue Over (Under) Expend. $0 Cemetery Operating (294) Revenue $478,700 Expenditures 443,700 Revenue Over (Under) Expend. $35,000 Elgin Recreation (296) Revenue $9,653,530 Expenditures 9,653,530 Revenue Over (Under) Expend. $0 Debt Service Fund (#) Corporate Bond Fund (301) Revenue $12,714,790 Expenditures 12,714,790 Revenue Over (Under) Expend. $0 Capital Improvement Funds (#'s) Park Development Fund (340) Revenue $4,127,090 Expenditures 4,127,090 Revenue Over (Under) Expend. $0 DECEMBER 20, 2006 VOLUME LXXI 1072 2005 G.O. Bond Projects (365) Revenue $5,556,430 Expenditures 5,556,430 Revenue Over (Under) Expend. $0 2006 G.O Bond Projects (366) Revenue $8,477,560 Expenditures 8,477,560 Revenue Over (Under) Expend. $0 Tyler Creek (378) Revenue $917,250 Expenditures 917,250 Revenue Over (Under) Expend. $0 2000 G.O. Bond Projects (380) Revenue $484,000 Expenditures 484,000 Revenue Over (Under) Expend. $0 2001 G.O. Bond Projects (381) Revenue $210,400 Expenditures 210,400 Revenue Over (Under) Expend. $0 2002 G.O. Bond Projects (382) Revenue $46,350 Expenditures 46,350 Revenue Over (Under) Expend. $0 2003 G.O. Bond Projects (383) Revenue $790,300 Expenditures 790,300 Revenue Over (Under) Expend. $0 2004 G.O. Bond Projects (384) Revenue $1,808,710 Expenditures 1,808,710 Revenue Over (Under) Expend. $0 VOLUME LXXI DECEMBER 20, 2006 1073 1996 G.O. Bond Projects (396) Revenue $153,000 Expenditures 153,000 Revenue Over (Under) Expend. $0 1999 G.O. Bond Projects (399) Revenue $195,050 Expenditures 195,050 Revenue Over (Under) Expend. $0 Enterprise Funds (#'s) Water Operating (401) Revenue $20,420,520 Expenditures 20,420,520 Revenue Over (Under) Expend. $0 Water Development (420) Revenue $8,438,400 Expenditures 8,438,400 Revenue Over (Under) Expend. $0 Sewer Operating (430) Revenue $4,807,500 Expenditures 4,554,660 Revenue Over (Under) Expend. $252,840 Sewer Development (440) Revenue $7,668,300 Expenditures 7,668,300 Revenue Over (Under) Expend. $0 Golf Operating (540) Revenue $1,833,830 Expenditures 1,833,830 Revenue Over (Under) Expend. $0 DECEMBER 20, 2006 VOLUME LXXI 1074 Internal Service Funds (#'s) Equipment Replacement (601) Revenue $4,421,560 Expenditures $4,421,560 Revenue Over (Under) Expend. $0 Liability Insurance (630) Revenue $3,996,970 Expenditures 3,996,970 Revenue Over (Under) Expend. $0 Health Insurance (635) Revenue $10,377,570 Expenditures 10,377,570 Revenue Over (Under) Expend. $0 Trust and Agency Funds (#'s) Cemetery Perpetual Care (520) Revenue $87,000 Expenditures 87,000 Revenue Over (Under) Expend. $0 Police Pension (701) Revenue $6,651,580 Expenditures 4,168,400 Revenue Over (Under) Expend. $2,483,180 Fire Pension (711) Revenue $5,790,000 Expenditures 4,015,450 Revenue Over (Under) Expend. $1,774,550 TOTAL GROSS EXPENDITURES ALL FUNDS $296,842,960 VOLUME LXXI DECEMBER 20, 2006 1075 ORDINANCE T47-06 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 2006 AND ENDING DECEMBER 31, 2006 Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No.T47-06 ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006 AND ENDING DECEMBER 31, 2006 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS WHEREAS, the City Council of the City of Elgin in the counties of Kane and Cook, in the State of Illinois, did on the 20th of December, 2006 after notice of publication and public hearing adopt a budget in lieu of an annual appropriation ordinance for said City for the fiscal year beginning January 1, 2007, the amount of which is ascertained to be the aggregate sum of $296,842,960. WHEREAS, the Constitution of the State of Illinois, 1970, grants the City of Elgin as a Home Rule Unit the power to “... exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection for the public health, safety, morals and welfare; to license; to tax; and to incur debt.” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ELGIN, ILLINOIS: Section 1. That there be and there is hereby levied upon all taxable property within the corporate limits of said City, subject to taxation for the year 2006, the total sum of $40,054,000 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current fiscal year and in the specific amounts levied for the various purposes heretofore named being included herein by being placed in a separate column under the heading “To Be Raised By Taxation” which appears over the same, the tax so levied for the current fiscal year of said City for the certain appropriations specified herein to be collected from said tax levy, the total of which has been ascertained as aforesaid and being summarized as follows: GENERAL CORPORATE PURPOSES In Accordance with Provisions of the 1970 Constitution of Illinois, Article 7 Amount Appropriated Estimated Receipts From Other Sources To Be Raised By Taxation 01 Mayor & City Council 225,700 225,700 02 City Clerk 244,350 244,350 03 Office of the City Manager 1,606,450 1,606,450 05 Legal 920,050 920,050 06 Human Resources 933,640 933,640 DECEMBER 20, 2006 VOLUME LXXI 1076 15 Planning & Neighborhood Services 1,082,680 1,082,680 16 Code Administration & Development Services 3,752,950 3,752,950 17 Business Services - Economic Development 370,360 370,360 19 Boards & Commissions 414,220 414,220 20 Finance 1,858,990 1,858,990 21 MIS 1,063,130 1,063,130 22 Purchasing & Risk Mgmnt 438,640 438,640 23 Police Department 28,229,300 11,442,200 16,787,100 24 Civil Defense - Emergency Operations 162,250 162,250 28 Fire Department 15,832,130 6,417,250 9,414,880 32 General Services Admin. 0 0 33 Public Works 16,190,640 16,190,640 37 Building Maintenance 1,978,660 1,978,660 69 Non-Departmental 6,876,860 6,876,860 TOTAL – GENERAL CORPORATE PURPOSES $82,181,000 $55,979,020 $26,201,980 Add: 1% for Loss of Collection 262,020 TOTAL AMOUNT TO BE RAISED BY TAXATION - GENERAL CORPORATE PURPOSE $26,464,000 SPECIAL CORPORATE PURPOSES 201 Public Benefit Fund $542,080 $542,080 $0 Add: 1% for Loss of Collection 0 TOTAL AMOUNT TO BE RAISED BY TAXATION - PUBLIC BENEFIT $0 220 Emergency Telephone System (E911) $1,500,440 $1,500,440 230 Community Dev. Grant 2,205,770 2,205,770 240 Spring St Parking Dist. 133,300 133,300 250 Drug Asset Forfeiture Fund 121,000 121,000 251 Auto Theft Task Force 424,160 424,160 252 Bureau of Justice Grant 0 0 260 S. Grove Special Tax Allocation Fund 3,790,060 3,790,060 261 Dundee Special Tax Allocation Fund 312,820 312,820 262 Central Area Tax Allocation Fund 9,384,510 9,384,510 263 U.S. Rte. 20 Tax Allocation Fund 113,740 113,740 270 Fox Bluff Corp. Center Development Fund 0 0 275 Elgin Riverboat Fund 47,846,420 47,846,420 276 Elgin Riverboat Lease 20,170,070 20,170,070 VOLUME LXXI DECEMBER 20, 2006 1077 280 Illinois Municipal Retirement Fund 8,839,850 4,928,960 $3,910,890 Add: 1% for Loss of Collection 39,110 TOTAL AMOUNT TO BE RAISED BY TAXATION – IMRF $3,950,000 290 Motor Fuel Tax Fund 3,716,920 3,716,920 294 Cemetery Operating 443,700 443,700 296 Elgin Recreation 9,653,530 9,653,530 301 Corporate Bond Fund 12,714,790 6,833,600 $5,881,190 Add: 1% for Loss of Collection 58,810 TOTAL AMOUNT TO BE RAISED BY TAXATION – CORPORATE BOND FUND $5,940,000 Capital Improvement Funds 340 Park Development Fund 4,127,090 4,127,090 378 Tyler Creek 917,250 917,250 396 1996 GO Bond Proj. Fund 153,000 153,000 399 1999 GO Bond Proj. Fund 195,050 195,050 380 2000 GO Bond Proj. Fund 484,000 484,000 381 2001 GO Bond Proj. Fund 210,400 210,400 382 2002 GO Bond Proj. Fund 46,350 46,350 383 2003 GO Bond Proj. Fund 790,300 790,300 384 2004 GO Bond Proj. Fund 1,808,710 1,808,710 365 2005 GO Bond Proj. Fund 5,556,430 5,556,430 366 2006 GO Bond Proj. Fund 8,477,560 8,477,560 Enterprise Funds 401 Water Operating Fund 20,420,520 20,420,520 420 Water Development Fund 8,438,400 8,438,400 430 Sewer Operating Fund 4,554,660 4,554,660 440 Sewer Development Fund 7,668,300 7,668,300 540 Golf Operating Fund 1,833,830 1,833,830 Internal Service Funds 601 Equipment Replacement 4,421,560 4,421,560 630 Risk Management Fund 3,996,970 3,996,970 635 Medical Insurance 10,377,570 10,377,570 Trust and Agency Funds 520 Cemetery Perpetual Care Fund 87,000 87,000 701 Police Pension Fund 4,168,400 2,435,730 $1,732,670 Add: 1% for Loss of Collections 17,330 TOTAL AMOUNT TO BE RAISED BY TAXATION - POLICE PENSION $1,750,000 711 Fire Pension Fund 4,015,450 2,084,760 $1,930,690 Add: 1% for Loss of Collections 19,310 TOTAL AMOUNT TO BE RAISED BY TAXATION - FIRE PENSION $1,950,000 DECEMBER 20, 2006 VOLUME LXXI 1078 TOTAL SPECIAL CORPORATE PURPOSES $214,661,960 $201,206,520 $13,455,440 Add: 1% for Loss of Collections 134,560 TOTAL AMOUNT TO BE RAISED BY TAXATION FOR SPECIAL CORPORATE PURPOSES $13,590,000 GRAND TOTAL – APPROPRIATION ALL PURPOSES $296,842,960 TOTAL RECEIPTS FROM SOURCES OTHER THAN TAXATION $257,185,540 TOTAL TO BE RAISED BY TAXATION $39,657,420 Add: 1% for Loss of Collections 396,580 TOTAL AMOUNT TO BE RAISED BY TAXATION $40,054,000 The total amount of $40,054,000 levied by this ordinance for all funds. Section 2. This ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Section 3. That the City Clerk be and she is hereby directed to file with the County Clerk of Kane County and the County Clerk of Cook County a certified copy of this ordinance. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI DECEMBER 20, 2006 1079 ORDINANCE T48-06 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2006 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. T48-06 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2006 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Findings: That the City of Elgin Special Service Area Number Two has been created by an ordinance entitled “An Ordinance Establishing Special Service Area Number Two in the City of Elgin” passed and effective on September 7, 1977; that the corporate authorities of the City of Elgin, acting as the governing board of the City of Elgin Special Service Area Number Two are authorized to levy taxes for special services in said special service area. Section 2. That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Two, subject to taxation for the year 2006, the sum total of $73,150 for the following purposes. Estimated Receipts From Sources To Be 2007 Other Than Raised By Appropriation Taxation Taxation Debt Services - repayment of Loan from City of Elgin for the construction of parking facility $133,300 $60,875 $72,425 Total appropriation $133,300 Total revenues from sources other than Taxation $60,875 Amount to be raised by taxation $72,425 Add: 1% for loss of collection 725 Total amount to be raised by taxation for Special Service Area Number Two purposes $73,150 DECEMBER 20, 2006 VOLUME LXXI 1080 Section 3. The tax levied herein is pursuant to the provision of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to 35 ILCS 200/27-5 et. seq., as amended, and to an ordinance establishing City of Elgin Special Service Area Number Two. Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois the sum aforesaid, which total amount City of Elgin Special Service Area Number Two requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby ordered and directed to file with the County Clerk of the County of Kane on or before the time required by the law a certified copy of this ordinance. Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-312 ADOPTED ADOPTING THE FIVE-YEAR FINANCIAL PLAN Councilmember Walters made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-312 RESOLUTION ADOPTING THE FIVE-YEAR FINANCIAL PLAN WHEREAS, the City of Elgin has conducted an extensive dialogue with the community in drafting a Five-Year Financial Plan (2007-2011); and WHEREAS, the Elgin City Council and staff engaged in a strategic planning session on June 7, 2006; and VOLUME LXXI DECEMBER 20, 2006 1081 WHEREAS, strategic goals for the community were formulated from extensive dialogue and incorporated into the 2007 Budget and 2007-2011 Financial Plan; and WHEREAS, the City Council has conducted extensive budget reviews and policy discussions throughout the months of November and December; and WHEREAS, the Proposed 2007 Budget and 2007-2011 Financial Plan has been placed on file for public review with the City Clerk and at the Gail Borden Public Library. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Five-Year Financial Plan is hereby adopted as a policy document of the city to guide strategic planning and operations. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PETITION 82-06 APPROVED REQUESTING AN AMENDMENT TO PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G69-98; TO ALLOW FOR THE CONSTRUCTION OF A BUILDING TO BE USED AS AN AUTOMOTIVE PARTS SUPPLY STORE IN THE PAB PLANNED AREA BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 860 SUMMIT STREET, BY DAP INVESTMENTS, INC., AS APPLICANT, AND SLS MANAGEMENT, INC., ON BEHALF OF NORTHERN TRUST COMPANY AS TRUSTEE, AS OWNER. Community Development Director Deering stated that this is a proposal for a new automotive parts store on Summit Street approximately 700 feet west of Waverly Drive. Councilmember Figueroa made a motion, seconded by Councilmember Sandor, to approve Petition 82-06 subject to conditions. Councilmember Figueroa stated that he will not support this proposal. He would like to see something more beneficial on this site such as a family restaurant. Councilmember Sandor agreed and stated that he believes there is an overabundance of auto parts and muffler stores in this one area. Both councilmembers did compliment the petitioner on the store design. DECEMBER 20, 2006 VOLUME LXXI 1082 Councilmember Kaptain stated that it would be nice if the Council could force people to put specific businesses at certain places, but the Council doesn’t have that authority. Upon a roll call vote: Yeas: Councilmembers Kaptain, Rodgers, Walters, and Mayor Schock. Nays: Councilmember Figueroa and Councilmember Sandor. PETITION 102-06 APPROVED REQUESTING AN AMENDMENT TO PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G115-04, A MAP AMENDMENT TO RECLASSIFY PROPERTY FROM PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT, AND PRELIMINARY PLAT APPROVAL FOR HIGHLAND WOODS SUBDIVISION NEIGHBORHOOD “J”; PROPERTY COMMONLY KNOWN AS 900 COOMBS ROAD; BY THE PINGREE CREEK, LLC, AS APPLICANT, AND HPI ELGIN, LLC, AS OWNER. Community Development Director Deering stated that this petition involves a 77-acre site located at 900 Coombs Road. Pingree Creek, LLC, the developer of Highland Woods Subdivision, proposed to acquire and develop this site as an expansion of Highland Woods Neighborhood “J.” The proposed expanded neighborhood area features 97 single family lots and includes 47 acres of open space. The Planning and Development Commission recommended approval. Councilmember Figueroa made a motion, seconded by Councilmember Sandor, to approve Petition 102-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 107-06 APPROVED REQUESTING A CONDITIONAL USE IN THE CC2 CENTER CITY DISTRICT, TO PERMIT A CHURCH, AND REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, TO ALLOW REQUIRED REPAIR AND MAINTENANCE CHANGES TO THE EXTERIOR OF THE BUILDING; PROPERTY LOCATED AT 77 VILLA STREET BY OXFORD FALCONRIDGE AND PENSBY REALTY ON BEHALF OF NEW BEGINNING, AS APPLICANT, AND FRANK BOEHM, AS OWNER. Community Development Director Deering stated that applicants are proposing to return the building at 77 Villa Street to church use. The Zoning and Subdivision Hearing Board recommended approval. Councilmember Walters made a motion, seconded by Councilmember Kaptain, to approve Petition 107-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI DECEMBER 20, 2006 1083 ORDINANCE S22-06 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (ELGIN WAL-MART/SAM'S CLUB SUBDIVISION-1000 SOUTH RANDALL ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. S22-06 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Elgin Wal-Mart/Sam's Club Subdivision-1000 South Randall Road) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: That part of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, described as follows: Beginning at the Northwest corner of the Southwest Quarter of said Section 28, thence North 1 degree 04 minutes 22 seconds West on the West line of the Northwest Quarter of Section 28, Township 41 North, Range 8 East, a distance of 42.92 feet to the North right-of-way line of Bowes Road; thence North 88 degrees 48 minutes 26 seconds East on said North right-of-way line, a distance of 469.74 feet; thence South 1 degree 03 minutes 42 seconds East, a distance of 65.91 feet to the South line of Bowes Road; thence North 88 degrees 49 minutes 04 seconds East on said South right-of-way line, a distance of 755.30 feet to the West right- of-way line of Randall Road; thence South 0 degrees 55 minutes 34 seconds East DECEMBER 20, 2006 VOLUME LXXI 1084 on said West right-of-way line, a distance of 2,308.11 feet; thence South 88 degrees 28 minutes 48 seconds West, a distance of 1219.16 to the West line of the Southwest Quarter of Section 28, thence North 1 degree 04 minutes 22 seconds West along said West line of the Southwest Quarter of Section 28, a distance of 2338.19 feet to the Point of Beginning. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G114-06 PASSED RECLASSIFYING TERRITORY FROM THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT AND CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (ELGIN WAL-MART/SAM'S CLUB SUBDIVISION-1000 S. RANDALL ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI DECEMBER 20, 2006 1085 Ordinance No. G114-06 AN ORDINANCE RECLASSIFYING TERRITORY FROM THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT AND CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (Elgin Wal-Mart/Sam’s Club Subdivision - 1000 South Randall Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to reclassify a previously annexed portion of said territory and to classify the newly annexed portion of said territory in the PAB Planned Area Business District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. 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 October 3, 2005, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property: That part of the Southwest Quarter of Section 28, Township 41 North, Range 8 East, of the Third Principal Meridian, Kane County, Illinois, described as follows: Commencing at the Northwest Corner of the Southwest Quarter of Section 28; thence South 01 degree 04 minutes 22 seconds East on the West Line of said Southwest Quarter, a distance of 22.91 feet to the southern line of County Highway 17 (Bowes Road) and the Point of Beginning; thence North 88 degrees 49 minutes 04 seconds East, along said southern line of County Highway 17, a DECEMBER 20, 2006 VOLUME LXXI 1086 distance of 1225.04 feet to the western line of County Highway 34 (Randall Road); thence South 0 degrees 55 minutes 34 seconds East along said western line of County Highway 34, a distance of 2608.12 feet to the South Line of the Southwest Quarter of said Section 28; thence South 88 degrees 28 minutes 48 seconds West on the South Line of the Southwest Quarter of said Section 28, a distance of 1218.39 feet to the West Line of the Southwest Quarter of said Section 28; thence North 01 degree 04 minutes 22 seconds West on the West Line of the Southwest Quarter of said Section 28, a distance of 2615.28 feet to the Point of Beginning. Section 3. That the City Council of the City of Elgin hereby classifies the Subject Property in the PAB Planned Area Business District in accordance with the following provisions: A. Purpose and Intent. The purpose of the PAB Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a community wide or regional supporting population, subject to Chapter 19.60. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations/Defined Terms. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended; provided, however, the "Dispersion" provision set forth in paragraph (B) of the definition of "Alcoholic Liquor, Package Liquor Sales Establishment" (Elgin Zoning Ordinance Section 19.90.015) shall not apply to the "Package liquor sales establishments" approved as permitted uses. The exclusion of such symbol [SR] shall not exempt such word or phrase from the applicable supplementary regulation. The "Preliminary Site Plan" referred to in this ordinance shall mean the Preliminary Site Plan by Atwell-Hicks referred to in Section 3G(1) hereof. "Subject Property" referred to in this Ordinance shall mean the property legally described above in Section 2 of this Ordinance. The "Outlots" shall mean those areas of the Subject Property other than those portions or lots of the Subject Property improved with improvements related to the Sam's Club store, Sam's gas station, and Wal-Mart store. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of the Elgin Municipal Code, 1976, as amended. E. Land Use. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” VOLUME LXXI DECEMBER 20, 2006 1087 [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PAB zoning district: 1. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in this PAB Planned Area Business District: b. Offices Division: "Offices" [SR] (UNCL). c. Finance, Insurance, and Real Estate Division: "Development sales offices" [SR] (UNCL). Finance (including banks and bank branches), insurance, and real estate; provided, however, that as to the Outlots a maximum total of one stand-alone bank or bank branch shall be permitted, which bank may include a drive-through. d. Services Division: Advertising (731). Barbershops (724). Beauty shops (723). Dry cleaning without plant on premises (7215). Computer rental and leasing (7377). Mailing, reproduction, commercial art and photography, and stenographic services (733). Motion picture theaters (7832). Photographic studios, portrait (722). Security systems services (7382). Watch, clock and jewelry repair (763). f. Retail Trade Division: Apparel and accessory stores (56). Building materials, hardware, and garden supply (52). DECEMBER 20, 2006 VOLUME LXXI 1088 Carryout restaurants accessory to “eating places.” Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812), but not including fast food/quick service restaurants including, by way of example, but not limited to, McDonald's, Burger King, Wendy's, White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza Hut, A & W and Long John Silvers. Such prohibited high volume/fast food/quick service restaurants shall not be deemed to include (i) lower volume midvalue fast food restaurants including, by way of example, but not limited to, Portillo's or Starbucks; or (ii) any other restaurant listed in Section 3E(3)(c) and (d) hereof. Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified limited to architectural supplies-retail; art dealers-retail; artists supply and material stores-retail; baby carriages-retail; candle shops-retail; pet stores-retail; pet shops-retail; picture frames, ready made-retail; and telephone stores-retail (5999). Miscellaneous shopping goods stores (594). “Motor vehicle service stations” [SR] (554) and accessory “car wash”, limited to a maximum of one such use for the entire subdivision to be located on lot 9 on the Preliminary Plat of Subdivision dated July 29, 2005 and operated in conjunction with the Sam's Club store. Such use may further include an accessory “food store.” News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). g. Agricultural Division: Dog grooming (0752). VOLUME LXXI DECEMBER 20, 2006 1089 Veterinary services for household pets (0742). h. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). i. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). j. Transportation, Communication And Utilities Division: Branch United States post offices (4311). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47 of this Title (UNCL). "Radio and television antennas" [SR] (UNCL). "Satellite dish antennas" [SR] (UNCL). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). k. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. “Commercial operations yards” [SR] (UNCL) accessory to principal buildings exceeding 130,000 square feet in floor area. “Drive-through facilities” [SR], subject to the provisions of Chapter 19.45 of this Title. "Fences and walls" [SR] (UNCL). DECEMBER 20, 2006 VOLUME LXXI 1090 “Firearms sales” (5941), exclusively accessory to a sporting goods store or general merchandise store, specifically limited to one each for lot 9 and lot 10 as identified on the Preliminary Plat of Subdivision. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in this PAB Area Business District, subject to the provisions of Chapter 19.47 of this Title. “Motor vehicle repair shop” [SR] (753) accessory to a general merchandise store, specifically limited to one each for lot 9 and lot 10 as identified in the Preliminary Plat of Subdivision. "Outdoor display areas" [SR] (UNCL). "Package liquor sales establishments" [SR] (5921) accessory to a general merchandise store, specifically limited to two general merchandise stores on lots 9 and 10 as identified on the Preliminary Plat of Subdivision. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in this PAB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in this PAB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Temporary uses" [SR] (UNCL). 2. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PAB Planned Area Business District: a. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. b. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. VOLUME LXXI DECEMBER 20, 2006 1091 c. Services Division: Coin-operated amusement establishments (7993). d. Retail Trade Division: Firearms sales (5941), exclusively accessory to a sporting goods store. "Package liquor sales establishments" [SR] (5921). e. Transportation, Communication, and Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Pipelines, except natural gas (461). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Radio and television broadcasting stations (483). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). f. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Drive-through facilities" [SR], subject to the provisions of Chapter 19.45 of this Title, provided, however, no such drive thru facility shall be approved for a high volume fast food/quick service restaurant, including, by way of example, but not limited to, McDonald's, Burger King, Wendy's, White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza Hut, A & W and Long DECEMBER 20, 2006 VOLUME LXXI 1092 John Silvers. Such prohibited high volume fast food/quick service restaurants shall not be deemed to include (i) lower volume midvalue fast food restaurants including, by way of example, but not limited to, Portillo's or Starbucks; or (ii) any other restaurant listed in Section 3E(3)(c) and (d) hereof. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.55 of this Title. 3. Additional Use Restrictions and Regulations for Outlots: Notwithstanding the foregoing provisions of Sections 3E1 and 3E2 providing for the listing of permitted uses and conditional uses, the following additional use restrictions and regulations shall apply to the Outlots: a. Not more than a total of one stand alone bank or bank branch shall be located on all of the Outlots. b. The following shall constitute prohibited uses on the Outlots: video stores; laundromats; currency exchanges; payday loan business; nail salons which are not accessory to a beauty shop (723); tanning salons which are not accessory to a beauty shop (723); tax return preparation business; dollar type discount stores; rental furniture stores; automotive related uses including, but not limited to, motor vehicle service stations [SR] (554), car washes and "motor vehicle repair shops" [SR] (753); and fast food/quick service restaurants including, by way of example, but not limited to, McDonald's, Burger King, Wendy's, White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza Hut, A & W and Long John Silvers. Such prohibited high volume fast food/quick service restaurants shall not be deemed to include (i) lower volume midvalue fast food restaurants including, by way of example, but not limited to, Portillo's or Starbucks; or (ii) any of the restaurants set forth below in (c) and (d). c. The development of the Outlots shall include not less than one of the following full service/fine dining restaurants: Abuelo's, Biaggis VOLUME LXXI DECEMBER 20, 2006 1093 Restorante, Bin 36, Black Angus Steakhouse, Buca di Beppo, California Pizza Kitchen, Cameron Mitchell, Capital Grille, Carrabba’s Italian Grill, Champps, Charlie’s Ale House, Claim Jumper, Elephant Bar Restaurant, Eddie Merlot Steakhouse, Greek Islands, Gordon Biersch, Harry Carry’s, J Alexanders, Jameson’s Steakhouse, Johnny’s Italian Steakhouse, Kobe Japanese Steakhouse, Longhorn Steakhouse, Mia Francesca, Nick & Tony’s, On the Border, Outback Steakhouse, Papagus, P.F. Chang’s, Pete Miller’s, Redstone, Saltgrass Steakhouse, Scoozi, Shaw’s Crab House, Smith & Wollensky, Stir Crazy, Stoney River Steak House, Sullivan’s, Tuscany, Uncle Julio’s, Weber Grill, Wildfire, or such other full service/fine dining restaurants as approved by the City as part of a planned development approval process for the Outlots. Finally, the outlot development may include one new fine dining concept that does not currently exist today and is approved by the City. d. The development of the Outlots shall include not less than one full service casual/dining level restaurant: Atlanta Bread Co., Au Bon Pain, Bahama Breeze, Baja Fresh, Baker’s Square, Bar Louie, Bennigan’s, Ben Pao, Big Bowl, Buffalo Wild Wings, Buona Beef, Carlucci’s, Cheeseburger in Paradise, Cheesecake Factory, Chili’s, Elly’s Cheesecake, Famous Dave’s, Flat Top Grill, Fox & Hound, Fuddrucker’s, Giordano’s, Golden Corral, Go Roma, Home Run Inn Pizza, Houlihan’s, Joe's Crab Shack, Lou Malnati’s, Lumes Pancake House, Macaroni Grill, Max & Erma’s Restaurant, Mimi’s Café, O’Charley’s, Old Chicago, Olive Garden, Panera Bread, Pei Wei, Pizzeria Uno, Pompei, Portillo’s, Potbelly, Ram Restaurant & Brewery, Red Lobster, RJ Grunt’s, Red Star Tavern, Rock Bottom Brewery, Ruby Tuesday, Smokey Bones BBQ, Sweet Tomatoes, Ted’s Montana Grill, Texas Roundhouse, TGI Friday’s, Walker Brothers or such other full service/casual dining restaurants as approved by the City as part of a planned development approval process for the Outlots. Finally, the outlot development may include one new full service casual/dining level restaurant that does not currently exist today and is approved by the City. e. The requirements for the establishment of a full service/fine dining restaurant and a full service/casual restaurant on the Outlots provided for in the preceding Sections 3c and d hereof shall terminate and expire three (3) years from the adoption of this ordinance. During such three year time period the owners of the Subject Property and any successors or assigns shall use their best efforts to establish such restaurants on the Outlots including providing the City copies of marketing proposals or other DECEMBER 20, 2006 VOLUME LXXI 1094 communications made to each of the listed restaurant establishments. f. The establishment of the restaurants on the Outlots as required in the preceding Sections 3c and d hereof shall not be required prior to the Owner proceeding with the development of the Sam's Club store, Sam's gas station and Wal-Mart portions of the project nor required prior to the Owner, its successors or assigns proceeding with the development of the balance of the Outlots. F. Site Design. In this PAB Planned Area Business zoning district, except as otherwise provided for herein, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. In this PAB Zoning District, the site design regulations shall be as follows: 1. Zoning Lots; Generally: In this PAB Zoning District, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300 of this Title. 2. Lot Area: In this PAB Zoning District, there shall be no minimum required "zoning lot area" [SR]. 3. Lot Width: In this PAB Zoning District, there shall be no minimum required "lot width" [SR] for a zoning lot. 4. Setbacks; Generally: In this PAB Zoning District, "setbacks" [SR] shall be subject to the provisions of Section 19.12.400 of this Title. 5. Setbacks by Lot Line: In this PAB Zoning District, the minimum required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] for a zoning lot shall be as follows: a. Building Setbacks: i. Street Setback: The minimum required building setback from a "street lot line" [SR] shall be as follows: Randall Road and Bowes Road: 50 feet. Any Private Drive: 10 feet. ii. Interior Setback: The minimum required building setback from an "interior lot line" [SR] shall be six (6) feet. iii. Transition Setback (applicable only to the Wal-Mart store): The minimum required building setback from a “transition lot line” [SR] shall be one hundred (100) feet, except the VOLUME LXXI DECEMBER 20, 2006 1095 pallet and bale storage area depicted on the Preliminary Site Plan shall be permitted within said setback. b. Vehicle Use Area Setbacks: i. Street Setback: The minimum required vehicle use area setback from a "street lot line" [SR] shall be as follows: Randall Road and Bowes Road: 25 feet. Any Private Street: 6 feet. ii. Interior Setback: For zoning lots with a vehicle use area, the minimum required vehicle use area setback from an interior lot line shall be six (6) feet. iii. Transition Setback (applicable only to the Wal-Mart store): The minimum required vehicle use area setback from a “transition lot line” [SR] shall be fifty (50) feet, except that the minimum required vehicle use area setback shall be reduced to twenty-four (24) feet for the Wal-Mart truck turn around area as depicted on the Preliminary Site Plan. 6. Accessory Structures and Buildings: In this PAB Zoning District, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500 of this Title. 7. Yards; Generally: In this PAB Zoning District, a "street yard" [SR], a "side yard" [SR], a "rear yard" [SR], or a "transition yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600 of this Title. 8. Landscape Yards: In this PAB Zoning District, landscape yards shall be as follows: a. Vehicle Use Area Landscape Yards: The yards established by vehicle use area setbacks shall be used as "vehicle use area landscape yards" [SR] with the exception of access driveways as provided in Sections 19.45.110 and 19.45.120 of this Title. Vehicle use area landscape yards shall be subject to the provisions of Section 19.12.700 of the zoning ordinance. b. Interior Landscape Yards: "Interior landscape yards" [SR] shall be installed on a zoning lot featuring a "vehicle use area" [SR], which exceeds five thousand (5,000) square feet in area, subject to the provisions of Section 19.12.700 of this Title. DECEMBER 20, 2006 VOLUME LXXI 1096 9. Floor Area: In this PAB zoning district, the maximum "floor area" for a zoning lot shall not exceed 60% of the total zoning lot area. 10. Building Coverage: In this PAB zoning district, the maximum "building coverage" [SR] for a zoning lot shall not exceed 40% of the total zoning lot area. G. Site Design and Architectural Design. In this PAB zoning district, all site development and buildings shall be designed, constructed and maintained in substantial conformance to the following development plans and/or regulations: 1. Substantial conformance with the Preliminary Site Plan prepared by Atwell-Hicks, including: a. SP-01 Cover Sheet, dated July 15, 2005 and last revised May 1, 2006. b. SP-02 Site Layout/Dimension Plan-North, dated July 28, 2005 and last revised May 1, 2006. c. SP-03 Site Layout/Dimension Plan-South, dated July 28, 2005 and last revised May 1, 2006. d. SP-04 Storm Sewer and Grading Plan-North, dated July 28, 2005 and last revised May 1, 2006. e. SP-05 Storm Sewer and Grading Plan-South, dated July 28, 2005 and last revised May 1, 2006. f. SP-06 Utility Plan-North, dated July 28, 2005 and last revised May 1, 2006. g. SP-07 Utility Plan-South, dated July 28, 2005 and last revised May 1, 2006. h. SP-08 Landscape Plan-North, dated July 28, 2005 and last revised May 1, 2006. i. SP-09 Landscape Plan-South, dated July 28, 2005 and last revised May 1, 2006. j. SP-10 Landscape Notes, dated July 28, 2005 and last revised May 1, 2006. k. SP-11 Site Lighting Plan-North, dated July 28, 2005 and last revised May 1, 2006. VOLUME LXXI DECEMBER 20, 2006 1097 l. SP-12 Site Lighting Plan-South, dated July 28, 2005 and last revised May 1, 2006. 2. Substantial conformance with the Building Elevation Drawings for Sam’s Club, prepared by PB2 Architecture and Engineering, dated August 2, 2005. 3. Substantial conformance with the Building Elevation Drawings for Wal- Mart, prepared by PB2 Architecture and Engineering, dated August 2, 2005. 4. Building elevations for the Sam's gas station shown on the Preliminary Site Plan shall be submitted to the Director of Community Development for approval. The Director of Community Development shall approve said building elevations so long as the building materials for the Sam's gas station are substantially similar to the building materials for the Sam's Club store. 5. Buildings and building additions other than the Sam's Club building and the Wal-Mart building identified in paragraphs 2 and 3 above and the Sam’s gas station shall also be subject to the following additional regulations: a. Building Materials. A minimum of eighty percent of each building façade shall be constructed of brick, stone, wood, stucco, or cement fiber board. A maximum of twenty percent of each building façade may be constructed of Exterior Insulation Finishing System, decorative concrete block, premanufactured concrete panels, or other synthetic materials such as aluminum or vinyl siding products. b. Architecture. Each building façade shall contain a minimum of six architectural features including, but not limited to, window sills, lintels, fabric awnings, columns, stone watercourses, offsets, cornices, capstones, parapets, or alternating brick design. c. Windows and entryways. Windows and entryways shall be emphasized by utilizing awnings or other dominant architectural features. These features should be further highlighted through the use of stone window sills and lintels and alternate brick design such as soldier courses. d. All refuse enclosures shall be constructed fully of masonry materials matching the principal building and shall be affixed structurally as part of the primary building wall systems. DECEMBER 20, 2006 VOLUME LXXI 1098 e. Outdoor eating and drinking areas shall be enclosed by a minimum 3 foot wrought iron or aluminum open fencing. Solid masonry walls will also be permitted. The use of stone or masonry columns within the fence design is encouraged. f. Departures. Departures to the above design guidelines may be granted through Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, 1976, as amended. An application for conditional use may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. 6. Except for the Sam's Club development, including the Sam's gas station, and the Wal-Mart development on lots 9 and 10 identified in the Preliminary Plat of Subdivision, prior to any other or further development of the Subject Property the owner of the Subject Property to be developed shall be required to submit a development plan to the city for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. H. Off-street Parking. Except as otherwise provided within this section, in this PAB zoning district, off-street parking shall be subject to the provisions of chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as amended. I. Off-street Loading. In this PAB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended, except as follows: 1. Substantial conformance with the Building and Sign Elevation Drawings for Sam’s Club, prepared by PB2 Architecture and Engineering, dated August 2, 2005. 2. Substantial conformance with the Building and Sign Elevation Drawings for Wal-Mart, prepared by PB2 Architecture and Engineering, dated August 2, 2005. All other signage, including the free standing signage (pylon and monument) shown on the Preliminary Site Plan, shall comply with the provisions of Chapter 19.50 and shall be submitted with a sign permit application to the Director of Community Development for approval. Such free standing signage shall also have materials and coloring consistent with the Building and Sign Elevation Drawings referred to in subparagraphs 1 and 2 above. VOLUME LXXI DECEMBER 20, 2006 1099 K. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. L. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, 1976, as amended. An application for conditional use may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. M. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as amended. An application for variation may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. N. Subdivisions-Generally. The subdivision of the Subject Property and development thereof shall comply with the Subdivision Regulations of the City, as amended, and the Plat Act of the State of Illinois. O. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk DECEMBER 20, 2006 VOLUME LXXI 1100 RESOLUTION 06-313 ADOPTED APPROVING PRELIMINARY PLAT FOR ELGIN WAL-MART/SAM'S CLUB SUBDIVISION, 1000 S. RANDALL ROAD Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-313 RESOLUTION APPROVING PRELIMINARY PLAT FOR ELGIN WAL-MART/SAM'S CLUB SUBDIVISION-1000 SOUTH RANDALL ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Atwell-Hicks dated July 29, 2005 for the Elgin Wal-Mart/Sam's Club Subdivision. The approval granted by this resolution is tentative in nature, involving the general acceptability of the layout as submitted, and shall not qualify the plat for recording. Application for final approval shall be made not later than one year after the date of this resolution and must be supported by such drawings, specifications and monetary assurance as may be necessary to demonstrate compliance with applicable statutes and ordinances. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-314 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE MIDWEST ACADEMY OF TAEKWONDO Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, and Mayor Schock. Nays: None. Councilmember Walters abstained due to a conflict of interest. VOLUME LXXI DECEMBER 20, 2006 1101 Resolution No. 06-314 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE MIDWEST ACADEMY OF TAEKWON DO 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 Service Agreement on behalf of the City of Elgin with the Midwest Academy of TaeKwon Do for martial arts instruction at The Centre, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MOTION DEFEATED TO ADOPT RESOLUTION 06-315 OPPOSING THE PETITION TO INCORPORATE THE VILLAGE OF CAMPTON HILLS PENDING BEFORE THE KANE COUNTY BOARD Councilmember Figueroa made a motion, seconded by Councilmember Sandor, to adopt Resolution 06-315 Opposing The Petition To Incorporate The Village Of Campton Hills Pending Before The Kane County Board. Discussion was held regarding the proposed resolution. Councilmember Sandor stated that he will not be supporting this resolution. He does support the belief that the planning area that is part of Elgin should stay part of Elgin. However, he also understands the right of people who are proposing the Village of Campton Hills to self determine what their fate is going to be. He stated that there has been a lot of contention over the years between this body and the people out there, and he thinks it’s time to step back from that. If the village is approved, he believes it might be in both of our interests to have a village there instead of the City of Elgin dealing with 300 or 3000 individual homeowners. He doesn’t oppose the proposal to incorporate the Village of Campton Hills. However, he urges the members of the County Board to honor the planning area of the City of Elgin and require that the boundaries be redrawn prior to their approval of the petition. Councilmember Figueroa stated that he concurs with Councilmember Sandor’s statement, and he will also be voting against the proposed resolution. He believes it is time for closure. He also DECEMBER 20, 2006 VOLUME LXXI 1102 stated that he believes Elgin has achieved what it wants to achieve in the surrounding area of Campton Hills. The residents of the proposed Campton Hills want to determine their future, and it allows the County Board to decide what their future is. Councilmember Kaptain stated that he has an issue with paragraph 2 on page 2 of the resolution which refers to the Corron Farm. He stated he would support the resolution if there is a statement stating that the City of Elgin feels that we have designated this area as part of our planning area. It has been approved as part of the Comprehensive Plan. To on one hand state that we want to designate our boundaries based on the planning area in the Comprehensive Plan, and then state that we would like to leave out a certain area, which is the Corron Farm, and allow Campton to take the Corron Farm is contradictory to him. Councilmember Kaptain made a motion, seconded by Councilmember Walters, to amend the resolution and eliminate that last portion of the paragraph identified as “2.” on page 2 with reference to the Corron Farm. Paragraph “2” would then read as follows: “2. That the City does not object to the incorporation of the Village of Campton Hills provided the boundaries of any such proposed village do not encroach into the Elgin Planning Area.” This would mean that the Corron Farm would remain in the Elgin planning area. Mayor Schock stated that the problem he has with the proposed amendment is that the people who live in Campton Township chose to tax themselves to pay for the conservation area known as the Corron Farm and they are willing to continue to preserve and maintain it. He stated that he respects that and doesn’t think Elgin can do a better job of protecting and maintaining it. He believes it seems logical to make an exception in this regard. As a point of clarification, Councilmember Kaptain stated that he doesn’t object to it being part of Campton Hills, but he objects to the way it is presented in this resolution. He thinks this resolution is a policy statement from the City Council to any community around Elgin that states we want to protect our planning area. This was designated through due process, with public hearings, and it was determined that this is our planning area and that we feel justified in objecting to someone who wants to step over what has been decided. Councilmember Kaptain stated that he would have absolutely no problem with making an agreement outside of this resolution, and he would be very much in favor of it. He stated that he believes an intergovernmental agreement could be entered into once Campton Hills becomes incorporated. In response to Mayor Schock’s request for what could be done, Corporation Counsel Cogley responded to the earlier suggestion that the incorporators of Campton Hills amend their petition. Mr. Cogley stated that they cannot amend their petition. The County Board has to vote it up or down as presented. The Board can’t tell the incorporators they would approve the petition if the part that is in the Elgin planning area is removed. Upon a roll call vote on the proposed amendment: Yeas: Councilmembers Kaptain and Walters. Nays: Councilmembers Figueroa, Rodgers, Sandor, and Mayor Schock. Motion defeated to amend Resolution 06-315. VOLUME LXXI DECEMBER 20, 2006 1103 Back to the original motion, Mayor Schock responded to some of the comments made earlier. He agrees it’s time to come to closure on this issue regarding the ultimate boundary between Elgin and Campton Hills. We aren’t saying they shouldn’t become a city or village or whatever the Campton residents want to be. But we are saying that they should respect the boundary that the Council has approved and established through the approval of the Comprehensive Plan, through several years of work, effort and planning. Our planning area has been approved by going through the process before the Northeastern Illinois Planning Commission and the Illinois Environmental Protection Agency. The City has gone through all of the painstaking approval process to establish our boundaries. It is the people seeking to establish Campton Hills that are seeking change, the City is simply maintaining the boundary that was established. We are just asking that they respect the boundary that Elgin established through many years of hard work, advice, and consultation, and going through all of the legal requirements to establish our boundary. Mayor Schock stated that the City has heard from several of the property owners of the properties in question who say they want to remain in the Elgin Facilities Planning Area. He believes the City has a responsibility to respect the wishes of the people who own the properties and pay the taxes. He again stated that he believes closure should be brought to the issues, but he doesn’t believe that turning down this resolution is the way to do it. He thinks the Council should proceed with our objection to the Campton Hills incorporation, as presented. A roll call vote was then taken on the motion to adopt Resolution 06-315 as originally proposed: Yeas: Councilmembers Kaptain, Walters, and Mayor Schock. Nays: Councilmembers Figueroa, Rodgers, and Sandor. Motion defeated to adopt Resolution 06-315. AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Renz Addiction Counseling Elgin, IL $12,450.00 2nd Half of 2006 Gambling Treatment Anderson Animal Shelter South Elgin, IL $26,850.00 Animal storage July 1 through October 31, 2006 Seyfarth Shaw $28,559.54 Legal services regarding police and fire departments. Jewel Osco Melrose Park, IL $23,750.00 Gift certificates for employees. DECEMBER 20, 2006 VOLUME LXXI 1104 CONSENT AGENDA By unanimous consent, Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G94-06 through G113-06 and S21-06 and adopt Resolution Nos. 06-292 through 06-311 and 06-316 through 06-318 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. ORDINANCE G94-06 PASSED ESTABLISHING FEES AND CHARGES FOR THE USE OF THE CENTRE Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G94-06 AN ORDINANCE ESTABLISHING FEES AND CHARGES FOR THE USE OF THE CENTRE WHEREAS, the City Council has determined that it is necessary and proper to establish an amended fee schedule and other policies relative to the operation of The Centre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following fees and charges be, and the same are hereby established for The Centre effective January 1, 2007: MEMBERSHIP FEES Membership Types Resident Non-Resident Individual Platinum $749.00 $936.00 Individual Gold $419.00 $523.00 Individual Silver $319.00 $398.00 Individual Bronze $214.00 $267.00 Couple Platinum $1,198.00 $1,497.00 Couple Gold $670.00 $836.00 Couple Silver $510.00 $636.00 Couple Bronze $385.00 $481.00 Youth/Senior Platinum $589.00 $736.00 Youth/Senior Gold $336.00 $418.00 Youth/Senior Silver $256.00 $320.00 Youth/Senior Bronze $171.00 $214.00 Additional 3 - 4 Member Platinum $125.00 each $157.00 each VOLUME LXXI DECEMBER 20, 2006 1105 Additional 3 - 4 Member Gold $125.00 each $157.00 each Additional 3 - 4 Member Silver $110.00 each $138.00 each Additional 3 - 4 Member Bronze $50.00 each $63.00 each Additional 5+ Member Platinum $60.00 each $75.00 each Additional 5+ Member Gold $50.00 each $63.00 each Additional 5+ Member Silver $40.00 each $50.00 each Additional 5+ Member Bronze $30.00 each $40.00 each Initiation Fees Individual $49.00 Youth/Senior $29.00 Couple $99.00 Family $99.00 AQUATIC CENTER DAILY FEES Daily Resident Non-Resident Adult $ 7.00 $ 8.00 Senior $ 6.00 $ 7.00 Youth $ 6.00 $ 7.00 Group (20 or 501-C3 more people) Resident Only Resident Non-Resident Adult $ 3.00 $ 5.00 $ 6.00 Senior $ 2.50 $ 4.00 $ 5.00 Youth $ 2.50 $ 4.00 $ 5.00 OPEN GYM DAILY FEES Daily Resident Non-Resident Adult $ 8.00 $10.00 Senior $ 4.00 $ 6.00 Youth $ 4.00 $ 6.00 CENTRE DAILY FEES* Daily Resident Non-Resident Adult $13.00 $15.00 Senior $13.00 $15.00 Youth $13.00 $15.00 * Centre Daily Fee shall include unlimited use of the fitness center, Centercise, aquatic center, track, open gym, climbing wall and racquetball. DECEMBER 20, 2006 VOLUME LXXI 1106 WALKING TRACK Daily Resident/Member Non-Resident Free $ 3.00 Monthly Pass Free $20.00 PRIVATE POOL RENTAL Entire Facility $165/hr. Resident/$205/hr. Non-Resident Two hour minimum with 100 or more people TEEN CENTER MEMBERSHIP FEE Resident Non-Resident $20.00 per 6 months $24.00 per 6 months SENIOR CENTER MEMBERSHIP FEE Resident Non-Resident $20.00 per 12 months $24.00 per 12 months THREE-MONTH MEMBERSHIP FEES 3 Month Membership Types Resident Non-Resident Individual Fitness – Introductory Offer $99.00 $120.00 Individual Aquatic – Introductory Offer $70.00 $90.00 Individual Youth/Senior Fitness Introductory Offer $99.00 $120.00 Individual Youth/Senior Aquatics Introductory Offer $70.00 $90.00 Individual Fitness - Ongoing $150.00 $185.00 Individual Aquatic - Ongoing $105.00 $135.00 Individual Youth/Senior Fitness - Ongoing $150.00 $185.00 Individual Youth/Senior Aquatics - Ongoing $105.00 $135.00 VOLUME LXXI DECEMBER 20, 2006 1107 CORPORATE MEMBERSHIPS Discounted Corporate rates will be based on the projected number of employees to become members. The discounted structure is based as follows: 1 to 9 Employees receive a 10% Discount against the membership of their choice. 10 plus Employees receive a 15% Discount against the membership of their choice. This discount will be applied towards the employee and family members within their household. Residency fees will apply against corporations residing in Elgin and will be extended to their employees and family members. SEVEN-DAY INDIVIDUAL MEMBERSHIP FEE Membership Type Resident Non-Resident All Facility $ 44.00 $ 55.00 Seven-Day pass must be used within seven days of purchase and is non-transferable. ROOM RENTAL RATES Discount Rates for Half Banquet Room Maximum Capacity: 150 people HALF-ROOM Resident Non- Resident 501-C3 Orgs. Resident Non- Resident 501-C3 Orgs. Resident Non- Resident 501-C3 Orgs. 50% discount: Minimum capacity - 40 people with hot appetizers or hot meal. 25% discount: Minimum capacity - 40 people with hot appetizers or hot meal. Mon. – Thurs. (anytime) & Friday (before 4 pm) Friday (after 4 pm) & Sunday Saturday 2-Hr. Minimum $50 $65 $40 $115 $145 $90 $150 $190 $120 4 Hours $100 $125 $80 $225 $280 $180 $300 $375 $240 6 Hours $150 $190 $120 $340 $425 $270 $450 $675 $360 Full Day (9 hrs) $225 $280 $180 $510 $635 $405 $675 $1015 $540 Additional Hour $25 $35 $20 $60 $70 $45 $75 $115 $60 Discount Rates for Full Banquet Room Maximum Capacity: 300 people FULL-ROOM Resident Non- Resident 501-C3 Orgs. Resident Non- Resident 501-C3 Orgs. Resident Non- Resident 501-C3 Orgs. 50% discount: Minimum capacity - 100 people with hot appetizers or hot meal. Mon. – Thurs. (anytime) & Friday (before 4 pm) Friday (after 4 pm) & Sunday Saturday 2-Hr. Minimum $100 $125 $80 $150 $190 $120 $200 $250 $160 4 Hours $200 $250 $160 $300 $375 $240 $400 $500 $320 6 Hours $300 $375 $240 $450 $565 $360 $600 $900 $480 Full Day (9 hrs) $450 $560 $360 $675 $845 $540 $900 $1350 $720 Additional Hour $50 $65 $40 $75 $95 $60 $100 $150 $80 DECEMBER 20, 2006 VOLUME LXXI 1108 Half Banquet Room Rates Capacity: 150 people HALF-ROOM Resident Non- Resident 501-C3 Orgs. Resident Non- Resident 501-C3 Orgs. Resident Non- Resident 501-C3 Orgs. Monday .– Thursday Friday and Sunday Saturday 2-Hr. Minimum $100 $125 $80 $150 $190 $120 $200 $250 $160 4 Hours $200 $250 $160 $300 $375 $240 $400 $500 $320 6 Hours $300 $375 $240 $450 $565 $360 $600 $900 $480 Full Day (9 hrs) $450 $560 $360 $675 $845 $540 $900 $1350 $720 Additional Hour $50 $65 $40 $75 $95 $60 $100 $150 $80 Full Banquet Room Rates Capacity: 300 people FULL-ROOM Resident Non- Resident 501-C3 Orgs. Resident Non- Resident 501-C3 Orgs. Resident Non- Resident 501-C3 Orgs. Monday – Thursday Friday and Sunday Saturday 2-Hr. Minimum $200 $250 $160 $300 $380 $240 $400 $500 $320 4 Hours $400 $500 $320 $600 $750 $480 $800 $1000 $640 6 Hours $600 $750 $480 $900 $1130 $720 $1200 $1800 $960 Full Day (9 hrs) $900 $1120 $720 $1350 $1690 $1080 $1800 $2700 $1440 Additional Hour $100 $130 $80 $150 $190 $120 $200 $300 $160 ROOM RENTAL RATES (cont.) GYMNASIUM (Per Hour) 501-C3 Resident Non-Resident Organizations One Court $ 60 $ 75 $ 50 Full $180 $ 225 $145 Small Gym $ 35 $ 45 $ 30 KITCHEN (Per Hour) $ 35 $ 45 $ 30 MEETING/CONFERENCE ROOM (Per Hour) (Maximum 30 People) $ 35 $ 45 $ 30 PARTY ROOM (Per Hour) $ 35 $ 45 $ 30 PROGRAM ROOM (Per Hour) (Maximum 65 People) $ 35 $ 45 $ 30 SPECIAL USE (Per Hour) $ 35 $ 45 $ 30 • Resident (RES) fees and rates require an individual, couple or family to have their bona fide and principal residence within the corporate city limits of the City of Elgin. • Non-Resident (NR) fees and rates are 25% greater than resident fees and rates. • A couple is defined as two individuals residing in the same household. VOLUME LXXI DECEMBER 20, 2006 1109 • A family is defined as a couple adding additional members to complete the family unit. A minimum of one adult and a maximum of two adults all residing in the same household is required. (Note: No more that 2 adults per membership) • The additional member rate only applies to youth residing in the same household being added to a couple membership to make up a family unit. • An adult is defined as a person 18 years of age or older. • A youth is defined as a person three years of age or older but less than 18 years of age or a person between 18 and 23 years of age currently enrolled as a full-time student. • A child is defined as a person less than three years of age. Children are free. • A senior is defined as a person 62 years of age or older. • Youths less than 14 years of age may not use the health fitness center. Youths, ages 14 to 17, may use the health fitness center but must first submit a waiver executed by a parent or legal guardian. • Youths may not use the health fitness center locker room. • Youths under the age of nine must be accompanied by adults at all times when using the aquatic center. • Youths 10 years of age and younger must be accompanied by an adult or legal guardian at all times when using the racquetball facilities. • 501C3 Organizations must have a principal place of business in the corporate city limits of the City of Elgin to receive the 501C3 Organization room rental rates. • The Centre Manager with the approval of the City Manager or his or her designee shall have the authority to implement periodic promotional programs or discounts as an incentive to generate additional or renewed memberships. • The Manager of The Centre shall have the authority to reduce the room rental rates for the Banquet Room, Gymnasium, Kitchen, Meeting/Conference Room, Party Room and Program Room subject to the following conditions: A. A potential customer has presented a written proposal from a bona fide competitor that is quoting a price for the rental of a competing room facility at a rate that is less than the rate established by the city for a similar product; B. The Manager of The Centre reasonably believes that the potential customer will contract for services with the competing facility unless the applicable room rental rate is reduced in an amount that makes the city facility competitive with the rival written proposal; C. The Manager of The Centre reduces the applicable room rental rate in the smallest amount necessary to secure a contract with the potential customer; and D. Except as otherwise provided in this paragraph, the fee reduction will not exceed twenty-five percent (25%) of the applicable room rental rate established by this ordinance unless the rental includes food or bar packages. The Manager of The Centre may reduce the room rental rates in excess of twenty-five percent (25%) of the applicable room rental established by this ordinance provided the proposed fee reduction is reviewed and approved by the city manager or his or her designee. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. DECEMBER 20, 2006 VOLUME LXXI 1110 Section 3. That this ordinance shall be in full force and effect from and after January 1, 2007. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: December 22, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G95-06 PASSED ESTABLISHING FEES AND CHARGES AT THE MUNICIPAL GOLF COURSES OF THE CITY OF ELGIN FOR THE 2007 GOLF SEASON AND ESTABLISHING CERTAIN POLICIES RELATIVE TO THE OPERATION OF SUCH COURSES Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G95-06 AN ORDINANCE ESTABLISHING FEES AND CHARGES AT THE MUNICIPAL GOLF COURSES OF THE CITY OF ELGIN FOR THE 2007 GOLF SEASON AND ESTABLISHING CERTAIN POLICIES RELATIVE TO THE OPERATION OF SUCH COURSES WHEREAS, the City Council has determined that it is necessary and proper to establish a new fee schedule and other policies relative to the operation of the municipal golf courses of the City of Elgin for the 2007 golf season. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following fees and charges be, and the same are hereby established for the two municipal golf courses for the 2007 season, to-wit: VOLUME LXXI DECEMBER 20, 2006 1111 SEASON PASSES & PROMOTIONAL PROGRAMS: THE HIGHLANDS OF ELGIN: 1. Frequent Golfer Awards Program. This program offers discounts to patrons making The Highlands their home course. The Awards must be used in the calendar year they are earned. The awards can only be used for future purchases, not be transferred or used for golf outings (groups larger than 16 players). Award items will be selected and the percentage modified based on promotional needs as determined by the golf services manager. 2. Resident, Corporate Residents and Non-Resident Unlimited Passes. A resident of the city or a full time employee of an Elgin based company can purchase an unlimited pass to The Highlands for an annual fee of $1500. A non-resident can purchase an unlimited pass to The Highlands for an annual fee of $1975. Corporate Resident passes are for Elgin based corporations and businesses only and proof of residency is required and subject to the approval of the golf services manager. 3. Resident and Non-Resident- Annual Limited Passes. Adults, seniors and juniors can purchase a limited pass for seven day/week. This pass does not allow the pass holder access to weekend and holiday play until after 12 pm but it is unlimited weekday. The fees are outlined below: Description Resident Non-Resident Adult (ages 18 through 61) $1000 $1385 Senior (62 years of age plus) $ 965 $1300 Junior (under 18 years of age) $ 385 $ 550 4. Annual Unlimited Weekday Only Pass. This offers unlimited golf on Monday through Friday at The Highlands (not including holidays). The fees are outlined below: Description Resident Non-Resident Senior (62 years of age plus) $ 620 $ 895 Junior (under 18 years old) $ 300 $ 430 5. Family Discounts. The family discount of 10% is applicable to a combination of an adult pass in combination with a junior pass or junior passes. The adult must be a parent(s) or legal guardian. 6. Wing Park Plus Fee. Wing Park Pass is for Wing Park Patrons only. Highlands pass holders are for Highlands Patrons only but can purchase the use of Wing Park for an additional $115 per person with the Wing Park Plus Fee. This is an available option for any Highlands Pass option. 7. Nine Hole Play. Nine hole play will not be available in the Phase 1 golf course. Instead, The Short Course will be used to denote the first eleven (11) holes and will be an alternative to players who do not have the time to play all the holes. 8. Weekday Family Golf in the Evening. Juniors play for $5 when accompanied with an adult patron. Available after 5:00 pm Monday thru Thursday not including holidays. The time may be modified by the golf services manager for promotional purposes or day light savings time issues. DECEMBER 20, 2006 VOLUME LXXI 1112 9. Winter Golf. Upon conclusion of the regular golf season; as determined by the golf services manager, winter golf will be made available depending on course conditions. Winter golf season is defined as the period of December 1 through March 1 unless it is extended due to poor weather conditions. Annual regular season passes as defined above will not be valid during winter golf season. A daily greens fee of $20 plus standard golf car rate of $8 applies. Adult (age 18 and over) WING PARK ONLY PASSES*: Resident Non-Resident Adult (age 18 and over) $ 545 $ 700 Senior-7 day/week (62 years and over) $ 355 $ 495 Senior-5 day/weekday only excluding Sat., Sun. and holidays (62 years and over) $ 310 $ 395 Junior-7 day/week (high school student or age 17 and under) $ 210 $ 315 Junior-5 day/weekday only excluding Sat., Sun. and holidays (high-school student or age 17 and under) $ 175 $ 265 * Wing Park season passes are not valid for a corresponding pass rate at The Highlands of Elgin after Wing Park closes for the winter or prior to Wing Park opening for the season. A complimentary round will be offered to Wing Park Pass holders at The Highlands when the staff closes for aerification in the fall. This round will be offered for that day only. Family Passes will be offered at 10% off each membership (Adult, Junior) with a minimum of one adult and one junior for the Wing Park Only pass. GREEN FEE RATES** – THE HIGHLANDS OF ELGIN: RESIDENT: Weekday Weekend 18 Holes $ 26.00 $ 35.00 18 Holes 12-4 p.m. DNA $ 30.50 18 Holes after 4 p.m. $ 17.50 $ 21.50 18 holes, Sr. and Jr. $ 20.50 DNA Short Course (11 holes) $ 15.50 DNA Short Course Jr/Sr (11 holes) $ 14.50 DNA Short Course (11 holes), after 3:00 pm DNA $ 21.50 STANDARD (NON-RESIDENT) RATE: Weekday Weekend 18 Holes $ 36.00 $ 43.00 18 Holes 12-4 p.m. DNA $ 38.00 18 Holes after 4 p.m. $ 25.00 $ 28.00 18 Holes, Sr. and Jr. $ 26.00 DNA Short Course (11 holes) $ 21.00 DNA Short Course Jr/Sr (11 holes) $ 20.00 DNA Short Course (11 holes), after 3:00 pm DNA $ 28.00 VOLUME LXXI DECEMBER 20, 2006 1113 Weekdays: Monday through Friday. Weekends: Saturday, Sunday and Holidays. ** Rates do not include golf cars. Rates are greens fee only. GREEN FEE RATES*** - WING PARK: RESIDENT: Weekday Weekend 9 holes $ 12.50 $ 14.50 9 holes, Sr. and Jr. $ 11.00 DNA Replay 9 holes $ 7.50 $ 10.50 NON-RESIDENT: Weekday Weekend 9 holes $ 15.50 $ 17.50 9 holes, Sr. and Jr. $ 13.00 DNA Replay 9 holes $ 7.50 $ 10.50 Weekdays: Monday through Friday. Weekends: Saturday, Sunday and Holidays. *** Rates do not include golf cars. Rates are greens fee only. RENTAL RATES: WING PARK GOLF CART FEE**** THE HIGHLANDS GOLF CART FEE**** 9 Holes Cart $ 16.00 18-Hole Cart $ 32.00 9 Holes Cart replay $ 14.00 Short Course $ 18.00 Pull Cart $ 3.00 Pull Cart $ 3.00 GPS Option $ 3.00/player ****Single riders are charged 1/2 the prevailing rate. RENTAL CLUBS: DRIVING RANGE: 18 Holes $ 12.00 Small $ 5.00 9 Holes $ 7.00 Large $ 8.00 SCHOOL TEAM RATES: School golf team rate to be equal to one adult season pass per team per school Season at Wing Park or at The Highlands of Elgin. Schools located within Elgin shall receive the resident rate and schools outside city limits will be charged the non-resident rate. The pass will only be valid beginning the first full day of the school year. Additionally, a $10 fee/round will be charged for each round prior to the first scheduled day of school. A golf team will consist of no more than 24 players. DECEMBER 20, 2006 VOLUME LXXI 1114 RESERVATION CHARGES: Leagues will be charged a $25.00 fee for their block of times for the season. PERMANENT TEE TIME: The fee per foursome for a Saturday or Sunday (per day) permanent tee time is $150.00 at The Highlands and $50.00 at Wing Park Golf Course. DISCOUNTS: A. DISABLED PERSONS DISCOUNTS: Senior citizen rates shall be available to disabled persons upon application which includes the following information: 1. Name and age of applicant. 2. Notarized affidavit that applicant is unable to work, full or part time, due to physical disability. 3. Written statement from licensed physician stating that the applicant is physically disabled and unable to work full or part time. B. GROUP DISCOUNTS & PROMOTION: 1. For groups of 16 or more a discount may be granted at the discretion of the Golf Services Manager. 2. Promotional advertisements or discounts may be used in response to competition at the discretion of the Golf Services Manager. 3. Active military personnel will receive a discount as described in Ordinance No. G62-05. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2007. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI DECEMBER 20, 2006 1115 Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: December 22, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G96-06 PASSED ESTABLISHING FEES FOR THE USE OF THE WING PARK AND LORD PARK FAMILY AQUATIC CENTERS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G96-06 AN ORDINANCE ESTABLISHING FEES FOR THE USE OF THE WING PARK AND LORDS PARK FAMILY AQUATIC CENTERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that from and after January 1, 2007 fees and charges for the use of the Wing Park and Lords Park Family Aquatic Centers shall be in accordance with the following schedule: Section 1. That the following fees for the use of the Wing Park and Lords Park Family Aquatic Centers be and are hereby established as follows: DAILY ADMISSION: WING PARK FAMILY AQUATIC CENTER LORDS PARK FAMILY AQUATIC CENTER Resident Nonresident Resident Nonresident Youth $4.50 $6.75 Youth $3.50 $5.75 Adult $6.00 $9.00 Adult $5.00 $8.00 Senior $4.50 $6.75 Senior $4.50 $6.75 Lap Swim $2.00 $2.50 Lap Swim $2.00 $2.50 DECEMBER 20, 2006 VOLUME LXXI 1116 WING PARK AND LORDS PARK FAMILY AQUATIC CENTERS INDIVIDUAL MEMBERSHIP: Resident /Nonresident Youth $ 65.00/$ 95.00 Adult $ 75.00/$115.00 Senior $ 65.00/$ 95.00 FAMILY MEMBERSHIP: 4 Members $135.00/$200.00 Each Additional Member $ 25.00/$ 38.00 GROUP DISCOUNT FEE: Not for Profit Groups (no group minimum required): Youth/Senior $ 2.25 Adult $ 3.00 Groups: Youth/Senior $ 3.50/$ 5.50 Adult $ 4.50/$ 7.25 RENTALS: Resident /Nonresident Private Rentals (2 hour rental of entire facility): 1-50 people $300.00/$390.00 Over 50 people (per additional person) $ 5.00/$ 7.00 Not for Profit Private Rental (2 hour rental of entire facility): 1-50 people $250.00/N/A Over 50 people (per additional person) $ 4.00/N/A Birthday Party (includes facility admission, hot dog, chips and drink for each person and a reserved area for 1½ hours in the food court) 10 people including birthday child: $135.00/$162.00 Additional people up to 20 more (per person) $ 12.00/$ 14.50 Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. VOLUME LXXI DECEMBER 20, 2006 1117 Section 3. That this ordinance shall be in full force and effect from and after January 1, 2007. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: December 22, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G97-06 PASSED AMENDING THE SEWER RATES Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G97-06 AN ORDINANCE AMENDING THE SEWER RATES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 14.08.220 of Chapter 14.08 entitled “Sewer System” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 14.08.220 SEWER RATES. The following rates and fees are established and shall be collected for sanitary sewer service furnished by the city to any user in the city: A. For all properties connected to the city water system which are also served by a sanitary sewer, directly or indirectly connected to any sewer owned or maintained by the city, a rate is established as follows for each one hundred cubic feet of water supplied by the city or such quantity of water used as determined by the Fox River Water Reclamation District for billing purposes, whichever is less. DECEMBER 20, 2006 VOLUME LXXI 1118 2007 2008 2009 2010 2011 $ 1.201 $ 1.225 $ 1.249 $ 1.274 $ 1.306 B. For all properties which are not connected to the city water system which are served by a sanitary sewer, directly or indirectly connected to any sewer owned or maintained by the city, a rate as identified in paragraph A above shall apply. Provided, however, said rate shall not be less than that shown in Table #1 below per month for each single-family residence use and that shown in Table #II for all other uses. TABLE #I: 2007 2008 2009 2010 2011 $15.634 $15.946 $16.265 $16.591 $17.006 TABLE #II: 2007 2008 2009 2010 2011 $26.051 $26.572 $27.103 $27.645 $28.336 Section 2. That all ordinances or part of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2007. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: December 22, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI DECEMBER 20, 2006 1119 ORDINANCE G98-06 PASSED AMENDING THE WATER RATES Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G98-06 AN ORDINANCE AMENDING THE WATER RATES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 14.04.180 of Chapter 14.04 entitled “Water Regulations” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 14.04.180 Water rates--Consumers within city. A. The following rates are established and shall be collected for all water furnished by the city to any consumer in the city for purposes other than fire protection: 1. A monthly availability charge shall be collectable and computed based upon the size of the meter in accordance with the following, notwithstanding the foregoing availability charge for a single- family residence with a meter size not exceeding three-fourths inches shall not exceed the five-eighths inch meter rate: Meter Size 2007 2008 2009 2010 2011 5/8" $6.771 $7.143 $7.536 $7.950 $8.388 3/4" $22.571 $23.812 $25.122 $26.504 $27.961 1" $45.077 $47.556 $50.172 $52.931 $55.843 1 1/4" $67.660 $71.381 $75.307 $79.449 $83.818 1 1/2" $90.225 $95.188 $100.423 $105.946 $111.773 2" $135.308 $142.750 $150.601 $158.884 $167.622 2 1/2" $180.331 $190.250 $200.713 $211.753 $223.399 3" $225.473 $237.874 $250.958 $264.760 $279.322 4" $315.709 $333.073 $351.392 $370.719 $391.108 6" $496.100 $523.386 $552.172 $582.541 $614.581 8" $677.029 $714.266 $753.551 $794.996 $838.721 10" $856.893 $904.022 $953.743 $1,006.199 $1,061.540 DECEMBER 20, 2006 VOLUME LXXI 1120 2. The following rates shall apply for each 1,000 gallons or fraction thereof of water supplied: or for each hundred cubic feet or fraction thereof of water supplied: B. Special services shall be billed at the prevailing water rates or, if temporary meter service is not feasible, a substantially equivalent rate will be determined by the city manager. C. Water furnished by the truckload shall be billed at the following rate per 1,000 gallons or fraction thereof. Minimum billed shall be thirty-five dollars. 2007 2008 2009 2010 2011 $11.47 $12.10 $12.76 $13.46 $14.21 Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2007. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: December 22, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 2007 2008 2009 2010 2011 $3.58 $3.78 $3.98 $4.20 $4.43 2007 2008 2009 2010 2011 $2.69 $2.83 $2.99 $3.15 $3.33 VOLUME LXXI DECEMBER 20, 2006 1121 ORDINANCE G99-06 PASSED AMENDING THE FEE SCHEDULE FOR SUBDIVISIONS RELATED PERMITS AND IMPROVEMENTS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G99-06 AN ORDINANCE AMENDING THE FEE SCHEDULE FOR SUBDIVISION RELATED PERMITS AND IMPROVEMENTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 18.44.010 entitled "Annexation" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "18.44.010: ANNEXATION: Requests for annexation and proposed annexation agreement shall be accompanied by the following fees: A. Annexation: 1. Three thousand one hundred twenty dollars ($3,120.00) for property less than ten (10) acres. 2. Four thousand one hundred sixty dollars ($4,160.00) for property ten (10) acres, but less than one hundred (100) acres. 3. Five thousand two hundred dollars ($5,200.00) for property one hundred (100) acres or more. B. Annexation Agreement Review Fee: 1. One thousand forty dollars (1,040.00) for property less than ten (10) acres. 2. Five thousand two hundred dollars ($5,200.00) for property ten (10) acres, but less than one hundred (100) acres. 3. Ten thousand four hundred dollars ($10,400.00) for property one hundred (100) acres or more." DECEMBER 20, 2006 VOLUME LXXI 1122 Section 2. That Section 18.44.020 entitled "Preliminary Plat Filing" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "18.44.020: PRELIMINARY AND FINAL PLAT FILING: A. The submission of the preliminary plat of subdivision or a planned unit development shall be accompanied by the following fees based on the total acreage of the proposed development: 1. Five thousand nine hundred thirty dollars ($5,930.00) for property less than ten (10) acres. 2. Eight thousand one hundred ten dollars ($8,110.00) for property ten (10) acres, but less than one hundred (100) acres. 3. Eight thousand three hundred twenty dollars ($8,320) for property one hundred (100) acres or more. B. The submission of the final plat of subdivision shall be accompanied by a fee of five hundred twenty dollars ($520.00) C. In addition to the above fees, each applicant shall pay for the cost of providing for an accurate verbatim account of the testimony before the Planning and Land Use Commission pertaining to his application. A deposit of two hundred dollars ($200.00) shall be made at the time of application. If such costs are less than the deposit, the remainder will be refunded after approval of the final plat by the Planning and Land Use Commission. If the cost exceeds the deposit, the additional amount shall be paid in full prior to consideration of the final plat by the City Council. D. In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for legal publication pertaining to the application. A cash deposit of two hundred dollars ($200.00) shall be made at the time of application to cover the direct costs of recording and transcribing the public hearing or meeting. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the City Council, or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the City. E. Impact Assessment: In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for any impact assessment required by the Development Administrator. Such impact assessment shall be completed by a consultant of the City’s choice. A cash deposit of three thousand dollars ($3,000.00) shall be made at the time of application to cover the direct costs of the impact assessment. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the City Council, or in the case of variations and VOLUME LXXI DECEMBER 20, 2006 1123 appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the City. F. All fees shall be paid in full prior to consideration by the corporate authorities." Section 3. That Section 18.44.050 entitled "Inspections of Land Improvements" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "18.44.050: PLAN REVIEW AND INSPECTION OF LAND IMPROVEMENTS: All required land improvements to be installed under the provisions of this title shall be subject to prior plan review and approval by the Director or his designee and shall be inspected during the course of construction by inspectors appointed by the Director. The costs of said plan review and inspection shall be the actual costs to the city for same but not less than $250 for a development of five (5) acres or less and not less than $1,000 for development greater than five (5) acres. The city may also utilize consulting firms to provide reviews and inspections and charge the applicant for the consulting fees plus the city's administrative costs. The applicant proposing the land improvements shall make a cash deposit with the city of 1.5% of the engineer's estimate of the costs of the proposed improvements at the time of the application for preliminary plat and preliminary engineering review. The applicant for the land improvements shall make an additional cash deposit with the city of 1.5% of the engineer's estimate of the costs of the improvements at the time of application for final plat and final engineering. The city shall draw from the applicant's deposits as costs are incurred for review and inspections and shall submit periodic invoices for such costs to the applicant. In the event the balance of the applicant's deposits falls below .5% of the engineer's estimate of the costs of the improvements, the applicant shall submit an additional cash deposit(s) to the city in an amount(s) not less than .5% of the engineer's estimate of the costs of the improvements." Section 4. That all ordinances and parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after January 1, 2007. s/ Ed Schock Ed Schock, Mayor DECEMBER 20, 2006 VOLUME LXXI 1124 Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: December 22, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G100-06 PASSED AMENDING THE FEE SCHEDULE FOR CERTAIN ZONING MATTERS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G100-06 AN ORDINANCE AMENDING THE FEE SCHEDULE FOR CERTAIN ZONING MATTERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.85 entitled "Fees" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "19.85.010: PURPOSE AND INTENT: The purpose and intent of the provisions for fees is to recapture a portion of the administrative costs associated with processing applications for annexation, amendments, conditional uses, and variations. 19.85.020: REQUIRED FEES: Applications for annexation, amendments, conditional uses, and variations shall be accompanied by the following fees: A. Annexation Without or Without an Annexation Agreement: 1. Three thousand one hundred twenty dollars ($3,120.00) for property less than ten (10) acres. 2. Four thousand one hundred sixty dollars ($4,160.00) for property ten (10) acres, but less than one hundred (100) acres. VOLUME LXXI DECEMBER 20, 2006 1125 3. Five thousand two hundred dollars ($5,200.00) for property one hundred (100) acres or more. B. Annexation Agreement Review Fee: 1. One thousand forty dollars (1,040.00) for property less than ten (10) acres. 2. Five thousand two hundred dollars ($5,200.00) for property ten (10) acres, but less than one hundred (100) acres. 3. Ten thousand four hundred dollars ($10,400.00) for property one hundred (100) acres or more. C. Text Amendments: Four hundred twenty dollars ($420.00). D. Map Amendments: 1. Six hundred eighty dollars ($680.00) for property less than ten (10) acres in area. 2. Nine hundred forty dollars ($940.00) for property ten (10) acres, but less than one hundred (100) acres in area. 3. One thousand two hundred fifty dollars ($1,250.00) for property one hundred (100) acres or more. E. Planned Developments: 1. As a Map Amendment: One thousand four hundred sixty dollars ($1,460.00), for property of any size. 2. As a Conditional Use: Eight hundred eighty dollars ($880.00), for property of any size. F. Master Concept Plan: A master concept plan provides for the formalized review of a development plan resulting in a non-binding vote by the appropriate hearing board and the City Council. The application fees for a master concept plan shall be one thousand four hundred sixty dollars ($1,460.00) G. Conditional Uses: Six hundred eighty dollars ($680.00). H. Variations: 1. Two hundred ten dollars ($210.00) for property less than ten thousand (10,000) square feet. DECEMBER 20, 2006 VOLUME LXXI 1126 2. Six hundred eighty dollars ($680.00) for property ten thousand (10,000) square feet or more. I. Appeals: One hundred five dollars ($105.00) for an appeal to the Zoning and Subdivision Hearing Board. One hundred five dollars ($105.00) for an appeal to the City Council. J. Zoning Status Report: 1. One hundred five dollars ($105.00) for land use. 2. One hundred five dollars ($105.00) for site design. K. Conceptual Plan Review: A conceptual plan review provides for the informal staff review of documents pertaining to the development of land which will result in an application for annexation, a map amendment, text amendment, conditional use, or variation. No conceptual plan review fee shall be required for the review of a residential variation. The application fees for a conceptual plan review shall be credited towards the fees for a complete application for annexation and/or zoning provided that such application is submitted within six (6) months of the date of the original conceptual plan submittal. The following fees shall be required for a conceptual plan review: 1. Two hundred sixty dollars ($260.00) for property less than five (5) acres. 2. Five hundred twenty dollars ($520.00) for property five (5) acres but less than one hundred (100) acres in area. 3. One thousand forty dollars ($1,040.00) for property greater than one hundred (100) acres. L. Hearing Recordation: In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for an accurate verbatim account of the public hearing or meeting pertaining to the application. A cash deposit of two hundred dollars ($200.00) for amendments or conditional uses, and one hundred dollars ($100.00) for variations or appeals shall be made at the time of application to cover the direct costs of recording and transcribing the public hearing or meeting. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the City Council or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the City. M. Legal Publishing: In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for legal publication pertaining to the VOLUME LXXI DECEMBER 20, 2006 1127 application. A cash deposit of two hundred dollars ($200.00) shall be made at the time of application to cover the direct costs of recording and transcribing the public hearing or meeting. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the City Council, or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the City. N. Impact Assessment: In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for any impact assessment required by the Development Administrator. Such impact assessment shall be completed by a consultant of the City’s choice. A cash deposit of three thousand dollars ($3,000.00) shall be made at the time of application to cover the direct costs of the impact assessment. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the City Council, or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the City." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2007. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: December 22, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G101-06 PASSED AMENDING THE FEE SCHEDULE FOR CERTAIN BUSINESS LICENSES Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. DECEMBER 20, 2006 VOLUME LXXI 1128 Ordinance No. G101-06 AN ORDINANCE AMENDING THE FEE SCHEDULE FOR CERTAIN BUSINESS LICENSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 9, Chapter 9.08.050 entitled "License; Annual Fee" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "9.08.050: LICENSE; ANNUAL FEE: A. Retail Food Stores: 1. Retail food stores; including sale of fresh meat and groceries: two hundred sixty dollars ($260.00). 2. Specialty retail food stores: one hundred seventy dollars ($170.00). Includes: a. Bakeries; b. Confectionery and/or ice cream stores; c. Meat markets; d. Grocery stores (no sale of fresh meats); e. Wholesale food distributors; f. Delicatessens. 3. Convenience food outlets: ninety dollars ($90.00). Includes: a. Milk depots, including prepackaged convenience foods; b. Produce stands. B. Food Service Establishments: 1. Restaurants with a customer capacity of twenty five (25) persons or more at one time: two hundred fifty dollars ($250.00). Includes: a. Hospitals; VOLUME LXXI DECEMBER 20, 2006 1129 b. Bars, taverns, lounges with food preparation. 2. Restaurants with a customer capacity, including counter stool or seats, of less than twenty five (25) persons at one time: two hundred ten dollars ($210.00). Includes: a. Drive-throughs, no seating; b. Nursing homes; c. Retirement centers; d. Bars, taverns, lounges with food preparation. 3. Daycare centers with food preparation: one hundred fifty dollars ($150.00). 4. Bars, taverns, lounges with only prepackaged food and no food preparation: ninety dollars ($90.00) C. Waiver of Fees: 1. No permit fee otherwise required by this Chapter shall be required of any unit of local government as defined by the constitution of Illinois, 1970, school district, or community college district. 2. The exemptions provided in this Section apply only to fees and shall not exempt or waive the requirement of any permits or inspections otherwise required. D. Late Payment Penalty Fee: All permit fees for the annual renewal of permits are due by December 31 of each year. Commencing February 1, 1996, establishments failing to submit the required fee by December 31 shall be assessed a late payment penalty fee of ten percent (10%) per month of the license fee. E. Reinspection Fee after Determination of Noncompliance: 1. First reinspection: No fee. 2. Second and subsequent reinspection fees: thirty one dollars ($31.00)." DECEMBER 20, 2006 VOLUME LXXI 1130 Section 2. That Title 6, Chapter 6.65.050 entitled "License Fee; Exempt Facilities" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 6.65.050A to read as follows: "A. Annual Fee. The annual license fee of a swimming pool shall be one hundred fifty dollars ($150.00). Swimming pools operated by the City shall be exempt from the license fee requirement." 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 from and after January 1, 2007. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: December 22, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G102-06 PASSED AMENDING THE FEE SCHEDULE FOR INSPECTIONS AND PERMITS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI DECEMBER 20, 2006 1131 Ordinance No. G102-06 AN ORDINANCE AMENDING THE FEE SCHEDULE FOR INSPECTIONS AND PERMITS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.48 of the Elgin Municipal Code, 1976, as amended, entitled "Fee Schedule for Inspections and Permits" be and is hereby further amended to read as follows: 16.48.0010: ESTABLISHED: There is established in this Chapter a schedule of fees for permits and inspections required by applicable ordinances of the city. 16.48.020: BUILDING: A. Residential; New Construction: (Plus plan review and occupancy fees when applicable) Per 100 sq. ft., or portion thereof, of overall area of each floor (including above and below grade) ...................................................................$31.00 Garages (attached or detached) per 100 sq. ft. or portion thereof........................11.00 ($50.00 minimum) B. Residential; Additions: (Plus plan review and occupancy fees when applicable) Per 100 sq. ft., or portion thereof of overall area of each floor But not less than $100.00 (including above and below grade) .............................31.00 Garage additions (attached or detached) per 100 sq. ft. or portion thereof …………………………………………………………….11.00 ($50.00 minimum) C. Commercial and Industrial; New Construction and Additions: (Plus plan review and occupancy fees when applicable) Per 100 sq. ft., or portion thereof, of overall area of each floor Including above and below grade.........................................................................31.00 DECEMBER 20, 2006 VOLUME LXXI 1132 D. Alterations and Repairs; All Uses: (Plus plan review and occupancy fee when applicable) Per thousand dollar valuation or portion thereof..................................................31.00 E. Demolition of Buildings: Buildings up to 500 sq. ft. ...................................................................................52.00 Commercial, industrial, and residential from 500 sq. ft. up to 5,000 sq. ft. 0.06/sq.ft. ($50.00 minimum) Over 5,000 sq. ft. 0.04/sq/ft. Note: Liability insurance, same as moving, or as determined by the Building Official. F. Certificate of Occupancy, All Uses: Per Tenant Space................................................................................................160.00 Partial or temporary certificate of occupancy, Per tenant space..................................................................................................160.00 Change of use or reoccupancy ...........................................................................160.00 Home-based business occupancy...........................................................................0.00 16.48.030: MISCELLANEOUS CONSTRUCTION; ALL USES: A. Accessory Structures (Other Than Private Garages): Up to 150 sq. ft. Per Tenant Space......................................................................52.00 Over 150 sq. ft. - see schedule for new construction B. Parking Lots (Existing), Driveways; All Uses: (Plus plan review) New .............................................................................................................160.00 Restriping and/or repair........................................................................................73.00 VOLUME LXXI DECEMBER 20, 2006 1133 Driveways - replacement......................................................................................52.00 C. Open Decks, patios...............................................................................................52.00 D. Dumpster Enclosures (Refuse Collection Area) ..................................................52.00 E. Elevators, Escalators, Dumbwaiters and Docklifts: Per Unit ..........................................................................................................420.00 Per each annual, semiannual or reinspection....................................................52.00 F. Fences ...............................................................................................................52.00 G. Fireplaces .............................................................................................................52.00 H. Fuel and Storage Tanks: Installation, alteration or repair (per tank) ....................................................210.00 Removal, per tank...........................................................................................210.00 Replacing pumps...............................................................................................52.00 I. Housing Inspection; Requested: Per dwelling unit ...........................................................................................110.00 Each additional dwelling unit...........................................................................52.00 Commercial or industrial, per tenant space Up to 2,000 square feet.......................................................................110.00 Each additional 10,000 square feet or portion thereof add ..........................................................................52.00 J. Moving Buildings: All uses............................................................................................................320.00 Note: Application for a permit shall be accompanied by a $1,000,000.00 Liability insurance policy naming the city as additional insured. DECEMBER 20, 2006 VOLUME LXXI 1134 K. Residing ...............................................................................................................52.00 L. Roof and Repairs: All uses ...................................................................................................52.00 M. Signs: New Sign permit fee $80.00/nonilluminated or $160.00/application, whichever is less $130.00/illuminated or $260.00/application, whichever is less Reface on existing sign fee...............................................................................80.00 Information sign fee............................................................................................0.00 Temporary sign fees 15 days ...................................................................................................31.00 Flag fee .....................................................................................................0.00 Identification sign fee .........................................................................................0.00 Menu board sign .............................................................................................110.00 N. Swimming Pools: Aboveground (private)......................................................................................78.00 Inground (private and semiprivate).................................................................160.00 Reinspections: Inspections as required in section 16.48.070 of this chapter: First reinspection.............................................................................................110.00 Second reinspection........................................................................................320.00 Third reinspection...........................................................................................520.00 O. Windows: Replacement ...................................................................................................52.00 VOLUME LXXI DECEMBER 20, 2006 1135 16.48.040: HEATING AND AIR CONDITIONING; ALL USES; A. Warm Air Furnace and Boiler: Replacement or conversion (per heating unit)..................................................52.00 New installation (first heating unit)................................................................110.00 Each additional unit..........................................................................................52.00 B. Central Air Conditioning: Per unit ...................................................................................................52.00 C. Duct Work Only; Change or Addition: Residential per dwelling unit............................................................................78.00 Commercial and industrial - per 1,000 sq. ft. or portion thereof..............................................................................................52.00 16.48.050 PLUMBING: A. New Construction; Residential: Single-family including sewer and water .......................................................260.00 Multiple-residential (per unit) including sewer and water..............................260.00 B. New Construction; Commercial and Industrial: 1 - 5 fixtures and gas openings .......................................................................110.00 Each additional fixture or gas opening in excess of 5 ......................................42.00 C. Fixture Addition, or Replacement or Relocation (When Venting Required): All Uses - per fixture, unit or opening..............................................................52.00 Water Heaters ...................................................................................................52.00 D. Piping Alterations Only: All Uses ...................................................................................................52.00 DECEMBER 20, 2006 VOLUME LXXI 1136 E. Sewer and/or Water Service Connection, Repair or Replacement: All Uses ...................................................................................................52.00 F. Private Water Supply System: All Uses ...................................................................................................52.00 G. Lawn Sprinkler System: All Uses ...................................................................................................52.00 H. Sprinkler or Fire Protection System, All Uses: 1-20 heads .................................................................................................110.00 21-300 heads .................................................................................................210.00 301-500 heads .................................................................................................320.00 Over 500 heads ..............................................................................................520.00 16.48.060: ELECTRICAL: A. New Construction; Residential Single-family .................................................................................................320.00 Multiple-family (per unit)...............................................................................210.00 B. New Construction; Commercial and Industrial: (Plus wiring and circuiting) 0-044 amp service (per meter) .......................................................................160.00 Over 400 amp service (per meter) .................................................................210.00 C. Alteration; Residential: Change or relocation of service (per meter) .....................................................52.00 Other work ...................................................................................................52.00 VOLUME LXXI DECEMBER 20, 2006 1137 D. Alteration; Commercial and Industrial; (Plus wiring and circuiting) 0 - 400 amp service (per meter)......................................................................160.00 Over 400 amp service (per meter) ..................................................................210.00 E. Wiring and Circuiting; Commercial and Industrial: 1 - 1,000 sq. ft...................................................................................................52.00 Each additional 1,000 sq. ft. or fraction thereof. ..............................................52.00 F. Electrical Heat; New/Alteration: All Uses .................................................................................................110.00 G. Temporary Electric Service: All Uses .................................................................................................110.00 H. Miscellaneous Lighting (Parking Lots, Security, Passageways, etc. All Uses .................................................................................................160.00 I. Temporary Installations, All Uses: Inspections of temporary installations, underground or overhead Wires and apparatus, change over, and all other inspections Not specifically provided for herein.....................................................................52.00 16.48.070: STREET OPENINGS AND STREET WORK PERMITS: A. Public Sidewalks; Residential: Replacement ...................................................................................................52.00 Plus inspection and measurement for each 500 sq. ft or any fraction ....................................................................................................3.00 New Construction ...............................................................................................52.00 Plus inspection and measurement for each 500 sq. ft. or fraction thereof ...............................................................................................6.00 DECEMBER 20, 2006 VOLUME LXXI 1138 B. Public Sidewalks; Commercial or Industrial: Replacement ...................................................................................................52.00 Plus inspection and measurement for each 500 sq. ft. or any fraction thereof ........................................................................................3.00 New Construction ................................................................................................52.00 Plus inspection and measurement for each 500 sq. ft. or any fraction thereof ........................................................................................6.00 C. Driveway Approaches: Basic Fee ...................................................................................................52.00 D. Curb and Gutter: Replacement ...................................................................................................52.00 Plus inspection and measurement for each 100 lin. ft. or fraction thereof .............................................................................................3.00 New Construction ................................................................................................52.00 Plus inspection and measurement for each 200 lin. ft. or fraction thereof ............................................................................................6.00 E. Integral Curb, gutter and Sidewalk: Replacement ...................................................................................................52.00 Plus inspection and measurement for each 100 lin. ft. or any fraction thereof ........................................................................................3.00 New Construction.............................................................................................52.00 Plus inspection and measurement for each 100 lin. ft. or any fraction thereof .......................................................................................6.00 F. Parking Lots: Basic fee (each driveway approach) ................................................................52.00 Plus inspection for each 15 spaces or any fraction thereof ...................................................................................................11.00 VOLUME LXXI DECEMBER 20, 2006 1139 Plus inspection for other specific items and plan checked (25 percent of total permit fee) .....................................................................Varies G. Retaining Walls (Over 2 Feet Above Lowest Grade): Basic Fee ...................................................................................................52.00 Plus inspection for each 100 lin. Ft. or any fraction thereof .......................................................................................6.00 Plus Plan check (25 percent of total permit fee).............................................Varies H. Street Cuts: Basic Fee ...................................................................................................52.00 Plus inspection ...................................................................................................6.00 Utility companies and City work - no charge. Permit required. I. Storm/Sanitary Sewer Construction: Basic Fee ...................................................................................................52.00 Plus inspection for each 100 lin. ft. or fraction thereof .....................................6.00 Plus Each manhole, catchbasin, inlet, headwall and drywall ............................6.00 J. Water Main Construction: Basic Fee ...................................................................................................52.00 Plus inspection for each 100 lin. ft. or fraction thereof .....................................6.00 Plus each valve and hydrant ...............................................................................6.00 K. Bond or Liability Insurance: 1. Contractor: Contractor must provide minimum $500,000 liability insurance for all work covered by the Ordinance codified in this Section. 2. Homeowner: Homeowner doing own work must cover $100,000.00 liability with a rider to homeowner's policy naming City of Elgin as additional insured. DECEMBER 20, 2006 VOLUME LXXI 1140 16.48.080: ADMINISTRATION: A. Permit Extension; Each Permit ............................................................................25.00 B. Reinspection Fees; Each: First Inspection .................................................................................................110.00 Second Inspection ..............................................................................................320.00 Third Inspection .................................................................................................520.00 Per unit To be charged when requested inspection not ready or work done incorrectly. C. Penalties. Up to $500.00 shall be added for all work started without a permit, for expediting temporary or regular Certificates of Occupancy, for work not performed by a required registered contractor, and for reinspection fees, as determined by the Code Official. D. Plan Check: 25 percent of building permit fee - $60.00 minimum. E. Refund: If a permit has not lapsed, and if no work has been done, a refund may be requested by the applicant. A $20.00 administrative fee will be retained. Plan review fees are not refundable. Requests for refunds must be in writing. F. Waiver of Fees: 1. No permit fee otherwise required by this Chapter shall be required of any unit of local government as defined by the constitution of Illinois, 1970, school district, or community college district. 2. The exemptions provided for in this Section apply only to fees and shall not exempt or waive the requirements of any permits or inspections otherwise required. Section 16.48.090: EXEMPTIONS: A. No fee for permits and inspection shall be required of the Elgin Housing Authority where the work is performed by the Elgin Housing Authority VOLUME LXXI DECEMBER 20, 2006 1141 staff. This exemption shall not apply to work bid out to private contractors. B. No fee for permits and inspection shall be required of the Elgin Community College. C. The exemptions provided in this Section apply only to fees and shall not exempt or waive any permits or inspections otherwise required. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2007. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: December 22, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G103-06 PASSED AMENDING THE SCHEDULE OF FEES FOR CEMETERY LOT SALES AND BURIAL SERVICES Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G103-06 AN ORDINANCE AMENDING THE SCHEDULE OF FEES FOR CEMETERY LOT SALES AND BURIAL SERVICES Section 1. That Section 2.24.200 of Chapter 2 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: DECEMBER 20, 2006 VOLUME LXXI 1142 “2.24.200 Lot or grave space--Purchase price. A. The cost of lots is established at the rate of eight hundred fifty dollars per grave space; of this amount seven hundred dollars shall be credited to the general fund and one hundred fifty dollars to the perpetual care fund. However, if the restricted asset fund is depleted below its required level, fifteen percent of each amount shall be credited to the restricted asset fund. B. The cost of infant grave spaces in the infant and child section is established at one hundred eighty-five dollars for two foot by four foot grave sites and three hundred forty dollars for grave sites larger than two foot by four foot; of this amount, two hundred fifty dollars shall be credited to the general fund and ninety dollars to the perpetual care fund. The cost of infant and child grave spaces in the adult section is established at the same rate as an adult grave space in that section. C. The cost of lots in Section 2-A is established at the rate of eight hundred fifty dollars per grave space; of this amount seven hundred dollars shall be credited to the general fund and one hundred fifty dollars to the perpetual care fund. However, if the restricted asset fund is depleted below its required level, fifteen percent of each amount shall be credited to the restricted asset fund. D. The cost of lots in the memorial sections is established at the rate of seven hundred dollars per grave space; of this amount five hundred ninety dollars shall be credited to the general fund and one hundred ten dollars to the perpetual care fund. However, if the restricted asset fund is depleted below its required level, fifteen percent of each amount shall be credited to the restricted asset fund. E. The cost of lots in Section 22 is established at the rate of eight hundred fifty dollars per grave space; of this amount seven hundred dollars shall be credited to the general fund and one hundred fifty dollars to the perpetual care fund. However, if the restricted asset fund is depleted below its required level, fifteen percent of each amount shall be credited to the restricted fund. F. The cost of one cremation niche space in the Columbarium which can be utilized for either one or two inurnments is established at the rate of one thousand four hundred dollars, which includes the space and bronze nameplate. Of this amount one thousand one hundred ninety dollars shall be credited to the general fund and two hundred ten dollars to the perpetual care fund. The rate for a weekday inurnment performed before 2:30 pm is established at four hundred forty dollars and may be included in the price of a pre-need sale. VOLUME LXXI DECEMBER 20, 2006 1143 G. The city council, by resolution, may provide that the city enter into contracts for the sale of tracts of lots or graves for a price per grave space other than as provided in this chapter where such agreements provide for the sale of not less than 350 grave spaces to recognized nonprofit religious or fraternal organizations, in accordance with terms and conditions established by the council.” Section 2. That Section 2.24.230 of Chapter 2 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: “2.24.230 Fees for burial services. The superintendent shall demand and shall receive the following fees in advance. Fees charged to the account of local undertakers shall be paid within twenty days after services furnished. Services Effective 1/1/07 A. Burials 1. Adults, including tent Weekdays, 8:00 AM - 2:30 PM $1000 Weekdays, 2:30 PM - 3:30 PM $1145 Weekdays, 3:30 PM to 1 hour before dusk $1320 Saturdays, 9:00 AM - 12:30 PM $1310 Saturdays, 12:30 PM - 3:30 PM $1520 Saturdays, 3:30 PM to 1 hour before dusk $1662 Sundays and Holidays, 9:00 AM - 12:30 PM $1930 Sundays and Holidays, 12:30 PM - 3:00 PM $2060 Sundays and Holidays, 3:00 PM to 1 hour before dusk $2370 2. Infants (up to 48” vault), no tent Weekdays, 8:00 AM - 2:30 PM $ 315 Weekdays, 2:30 PM - 3:30 PM $ 440 Weekdays, 3:30 PM to 1 hour before dusk $ 500 Saturdays, 8:00 AM - 12:30 PM $ 525 Saturdays, 12:30 PM - 3:00 PM $ 600 Saturdays, 3:00 PM to 1 hour before dusk $ 690 Sundays and Holidays 9:00 AM - 12:30 PM $ 950 Sundays and Holidays, DECEMBER 20, 2006 VOLUME LXXI 1144 12:30 PM - 3:00 PM $1145 Sundays and Holidays, 3:00 PM to 1 hour before dusk $1315 3. Public Aid, no tent Weekdays Only, 8:00 AM - 3:00 PM $ 518 Grave Box for Public Aid Burials $ 220 (includes setting) (State of Illinois to pay $518. If marker is desired, grave space, burial, and other costs shall be paid at full price before marker is set.) 4. Disinter/Reinter, weekdays only Adult disinter, weekdays, 8:00 AM - 2:30 PM only $1105 Adult reinter, weekdays, 8:00 AM - 2:30 PM only $ 950 Infant disinter, weekdays, 8:00 AM - 2:30 PM only $ 450 Infant reinter, weekdays, 8:00 AM - 2:30 PM only $ 310 5. Cremations, permanent container required, no tent Weekdays, 8:00 AM - 2:30 PM $ 550 Weekdays, 2:30 PM - 3:30 PM $ 700 Weekdays, 3:30 PM to 1 hour before dusk $ 820 Saturdays, 9:00 AM - 12:30 PM $ 750 Saturdays, 12:30 PM - 3:00 PM $ 845 Saturdays, 3:00 PM to 1 hour before dusk $ 965 Sundays and Holidays 9:00 AM - 12:30 PM $1125 Sundays and Holidays, 12:30 PM - 3:00 PM $1430 Sundays and Holidays, 3:00 PM to 1 hour before dusk $1550 (Permanent container required, subject to approval of Cemetery Director; Cremains shall not be scattered on the grounds.) VOLUME LXXI DECEMBER 20, 2006 1145 6. Place Casket in Mausoleum Weekdays, 8:00 AM - 2:30 PM $ 950 Weekdays, after 2:30 PM $1250 Weekdays, 2:30 PM to 1 hour before dusk $1440 Saturdays, 9:00 AM - 12:30 PM $1250 Saturdays, after 12:30 PM $1315 Saturdays, 12:30 PM to 1 hour before dusk $1510 Sundays and Holidays 9:00 AM - 12:30 PM $1845 Sundays and Holidays, 12:30 PM - 2:30 PM $1970 Sundays and Holidays, 2:30 PM to 1 hour before dusk $2265 B. Vault Setting $ 180 C. Grave Box Setting $ 180 (Except for Public Aid. Public Aid, no charge; Islamic, $80) D. Grave Box $ 320 (Public Aid--See Public Aid Burials) E. Cremation Vault $ 200 F. Tent (other than adult burials) $ 105 G. Veteran's Marker $ 220 H. Sodding or Resodding 1. Adult Grave $ 95 2. Infant Grave $ 40 I. Care of Vases or Urns, Each $ 55 J. Miscellaneous: Foundation Permit $ 55 Metal Flower Vase for in the Ground $ 55 Winter Wreath $ 35 DECEMBER 20, 2006 VOLUME LXXI 1146 K. Documentation: Deed Transfer, Quit Claim Deed $ 55 Duplicate Deed $ 55 Recording or Marker Information for Person Not Buried at Bluff City Cemetery $ 55 L. Seasonal Care 1. Single Grave Lot $ 15 2. Two Grave Lot $ 18 3. In excess of two grave spaces, each additional grave space $5.50 M. Perpetual Care 1. First Grave Space $ 120 plus surcharge 2. Each Additional Grave Space $ 110 plus surcharge (Perpetual care shall be paid on entire lot prior to setting or engraving headstones or monuments on any portion thereof) Surcharge: Anyone wishing to purchase perpetual care for any grave space not currently covered by such care shall pay a surcharge equal to five years seasonal care on the number of graves to be covered. The surcharge shall be based on the then current fee for seasonal care. Provided, however, that this surchargesshall be reduced by the amount equal to the then current seasonal care rate multiplied by the number of years, if any, in the five (5) years prior that seasonal care was provided for the grave or grave spaces to be marked. This surcharge is to be deposited in the General Cemetery Fund.”g 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 from and after January 1, 2007. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI DECEMBER 20, 2006 1147 Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: December 22, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G104-06 PASSED ESTABLISHING A PAY PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G104-06 AN ORDINANCE ESTABLISHING A PAY PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the following offices and positions and schedule of standard annual and monthly salary ranges and benefit plans for the City's Non- Bargaining Unit Member Group: Benefit Pay Step Step Step Step Step Step Step Position Title Group Grade 1 2 3 4 5 6 7 CORPORATION A 825 $105,820 $111,111 $116,666 $122,500 $128,625 $135,056 $141,809 COUNSEL FIRE CHIEF A $8,818 $9,259 $9,722 $10,208 $10,719 $11,255 $11,817 POLICE CHIEF A 824 $100,781 $105,820 $111,111 $116,666 $122,500 $128,625 $135,056 $8,398 $8,818 $9,259 $9,722 $10,208 $10,719 $11,255 ASST CITY MANAGER A 823 $95,982 $100,781 $105,820 $111,111 $116,666 $122,500 $128,625 COMM DEV GRP DIR A $7,998 $8,398 $8,818 $9,259 $9,722 $10,208 $10,719 FISCAL SERVICES A GROUP DIRECTOR GENERAL SERVICES A GROUP DIRECTOR DECEMBER 20, 2006 VOLUME LXXI 1148 H.R. & PURCHASING A 822 $91,411 $95,982 $100,781 $105,820 $111,111 $116,666 $122,500 DIRECTOR $7,618 $7,998 $8,398 $8,818 $9,259 $9,722 $10,208 ASSISTANT FIRE CHIEF A 821 $87,058 $91,411 $95,982 $100,781 $105,820 $111,111 $116,666 $7,255 $7,618 $7,998 $8,398 $8,818 $9,259 $9,722 ECONOMIC DEV/BUS A SERVICES DIRECTOR PARKS & RECREATION A DIRECTOR POLICE DEPUTY CHIEF A PUBLIC WORKS A DIRECTOR BATTALION CHIEF (FIRE) A 820 $82,913 $87,058 $91,411 $95,982 $100,781 $105,820 $111,111 MIS DIRECTOR A $6,909 $7,255 $7,618 $7,998 $8,398 $8,818 $9,259 ASST CORP COUNSEL II B 819 $78,965 $82,913 $87,058 $91,411 $95,982 $100,781 $105,820 ASST FINANCE B $6,580 $6,909 $7,255 $7,618 $7,998 $8,398 $8,818 DIRECTOR ASST COMM DEVEL B DIRECTOR CITY ENGINEER A RECREATION & B FACILITIES SUPT. WATER SYSTEMS SUPT. A EMERGENCY B 818 $75,204 $78,965 $82,913 $87,058 $91,411 $95,982 $100,781 TELECOMM DIRECTOR FIRE CAPTAIN C $6,267 $6,580 $6,909 $7,255 $7,618 $7,998 $8,398 FIRE MARSHALL A POLICE LIEUTENANT B PARKS SUPT. B 817 $71,623 $75,204 $78,965 $82,913 $87,058 $91,411 $95,982 PRINCIPAL PLANNER B $5,969 $6,267 $6,580 $6,909 $7,255 $7,618 $7,998 PUBLIC WORKS SUPT. B SENIOR ENGINEER B WATER OPERATIONS B ENGINEER ASST CORP COUNSEL I C 816 $68,213 $71,623 $75,204 $78,965 $82,913 $87,058 $91,411 CITYWIDE TRAINING COORDINATOR C $5,684 $5,969 $6,267 $6,580 $6,909 $7,255 $7,618 ENGINEER II B GOLF SERVICES B MANAGER MIS-SYSTEMS C ENGINEER VOLUME LXXI DECEMBER 20, 2006 1149 POLICE SERGEANT C POLICE TRAINING C COORDINATOR ACCOUNTING B 815 $64,964 $68,213 $71,623 $75,204 $78,965 $82,913 $87,058 SUPERVISOR $5,414 $5,684 $5,969 $6,267 $6,580 $6,909 $7,255 ASST PURCHASING B DIRECTOR BUILDING & DEVEL B OFFICER BUILDING MAINTENANCE B SUPT. CITY CLERK B COMM DEVELOPMENT B PROGRAM MANAGER CULTURAL CENTER B SUPERVISOR FLEET MAINTENANCE B SUPT. URBAN PLANNING & PRESERVATION SPEC C PUBLIC INFORMATION B OFFICER PUBLIC WORKS ADMIN B SUPERINTENDENT SENIOR PLANNER B TRAFFIC SUPT B WATER DISTRIBUTION B SUPT. CENTRE CUSTOMER C 814 $61,871 $64,964 $68,213 $71,623 $75,204 $78,965 $82,913 SERVICE MANAGER $5,156 $5,414 $5,684 $5,969 $6,267 $6,580 $6,909 CENTRE OPERATIONS C MANAGER CHIEF CHEMIST C CHIEF WATER PLANT C OPERATOR CITY FORESTER C CIVIL ENGINEER I C ENGINEER I C PARKS MAINTENANCE C SUPERVISOR PLANNER C PUBLIC HEALTH OFCR C PUBLIC SAFETY C SYSTEMS SPECIALIST STREET MAINTENANCE C SUPERVISOR UTILITY MAINTENANCE C SUPERVISOR DECEMBER 20, 2006 VOLUME LXXI 1150 WATER MAINTENANCE C SUPERVISOR WATER METER C SUPERVISOR GOLF COURSE B 813 $58,925 $61,871 $64,964 $68,213 $71,623 $75,204 $78,965 SUPERINTENDENT $4,910 $5,156 $5,414 $5,684 $5,969 $6,267 $6,580 ASST CHIEF PLANT C 812 $56,119 $58,925 $61,871 $64,964 $68,213 $71,623 $75,204 OPERATOR $4,677 $4,910 $5,156 $5,414 $5,684 $5,969 $6,267 CODE ENFORCEMENT C SUPERVISOR FIRE INSPECTOR G.I.S. PLANNER C MIS GIS TECHNICIAN C MIS TECHNICIAN II C MIS TRAINING C SPECIALIST MIS-ANALYST/ C PROGRAMMER PARKS DEVELOPMENT C COORDINATOR SPORTS COMPLEX C SUPERVISOR ASSOCIATE PLANNER C 811 $53,446 $56,119 $58,925 $61,871 $64,964 $68,213 $71,623 ASST. BUILDING MAINT. C $4,454 $4,677 $4,910 $5,156 $5,414 $5,684 $5,969 SUPERINTENDENT COMMUNICATIONS C SHIFT SUPERVISOR COMM RELATIONS/OUT- C REACH COORDINATOR ECONOMIC DEVEL C COORDINATOR MARKETING OFFICER C PLAN EXAMINER C POLICE RECORDS C SUPERVISOR HEMMENS PROGRAM COORDINATOR C VICTIM ASSISTANCE C COORDINATOR ZONING OFFICER C AQUATIC SUPERVISOR C 810 $50,901 $53,446 $56,119 $58,925 $61,871 $64,964 $68,213 CENTRE BUILDING C $4,242 $4,454 $4,677 $4,910 $5,156 $5,414 $5,684 SUPERVISOR CHEMIST C EXECUTIVE SECRETARY C VOLUME LXXI DECEMBER 20, 2006 1151 HEALTH & FITNESS C PROGRAM SUPERVISOR HOUSING & REHAB C COORDINATOR HUMAN RESOURCES C ADMINISTRATIVE ASST HUMAN RESOURCES C SPECIALIST II LEGAL SECRETARY/PARALEGAL C MANAGEMENT ANALYST C PROGRAM SUPERVISOR C PROGRAM SUPERVISOR C - EARLY CHILDHOOD RECREATION PROGRAM C SUPERVISOR - ATHLETICS SPECIAL EVENTS C COORDINATOR ACCOUNTANT C 809 $48,477 $50,901 $53,446 $56,119 $58,925 $61,871 $64,964 CUSTOMER SERVICE C $4,040 $4,242 $4,454 $4,677 $4,910 $5,156 $5,414 SUPERVISOR RISK MANAGEMENT C ASSISTANT ASSISTANT TECHNICAL C 808 $46,169 $48,477 $50,901 $53,446 $56,119 $58,925 $61,871 SUPERVISOR-HEMMENS $3,847 $4,040 $4,242 $4,454 $4,677 $4,910 $5,156 COMM. RESTITUTION C COORDINATOR HUMAN RESOURCES C SPECIALIST I MEMBERSHIP C COORDINATOR OFFICE MANAGER C POLICE BUDGET C ANALYST POLICE CRIME ANALYST C ACCOUNTING C 807 $43,970 $46,169 $48,477 $50,901 $53,446 $56,119 $58,925 TECHNICIAN $3,664 $3,847 $4,040 $4,242 $4,454 $4,677 $4,910 CUSTODIAL C SUPERVISOR MIS TECHNICIAN C PROPERTY/EVIDENCE C TECHNICIAN ADMINISTRATIVE C 806 $41,876 $43,970 $46,169 $48,477 $50,901 $53,446 $56,119 SECRETARY II* $3,490 $3,664 $3,847 $4,040 $4,242 $4,454 $4,677 DEPUTY CITY CLERK* C DECEMBER 20, 2006 VOLUME LXXI 1152 GOLF PROFESSIONAL C LEGAL SECRETARY* C CABLE PRODUCTION C 805 $39,882 $41,876 $43,970 $46,169 $48,477 $50,901 $53,446 SPECIALIST $3,324 $3,490 $3,664 $3,847 $4,040 $4,242 $4,454 GANG INTERVENTION C SPECIALIST PROGRAM SPECIALIST C ADMINISTRATIVE C 804 $37,983 $39,882 $41,876 $43,970 $46,169 $48,477 $50,901 SECRETARY I* $3,165 $3,324 $3,490 $3,664 $3,847 $4,040 $4,242 COMM RESTITUTION C 803 $36,174 $37,983 $39,882 $41,876 $43,970 $46,169 $48,477 WORK SUPERVISOR $3,015 $3,165 $3,324 $3,490 $3,664 $3,847 $4,040 HUMAN RESOURCES C TECHNICIAN II* 802 $34,452 $36,174 $37,983 $39,882 $41,876 $43,970 $46,169 $2,871 $3,015 $3,165 $3,324 $3,490 $3,664 $3,847 HUMAN RESOURCES C 801 $32,811 $34,452 $36,174 $37,983 $39,882 $41,876 $43,970 TECHNICIAN I* $2,734 $2,871 $3,015 $3,165 $3,324 $3,490 $3,664 *(Confidential position) Section 2. That the following benefit program is hereby established: Group A 1) Vacation - 1 to 9 years of service - 3 weeks 10 years to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager in the city manager’s discretion may also consider and include up to nine (9) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation. 2) Sick Leave - Sixty (60) days placed on account when commencing employment, plus annual accrual. 3) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents with employee option to continue coverage upon separation from employment according to one of the available coverage continuation options. 4) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 5) Physical Exam - $50 annual reimbursement for physical or health maintenance examination. VOLUME LXXI DECEMBER 20, 2006 1153 6) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight-time rate. Twelve (12) hours of personal time off for each holiday which falls on a scheduled day off as well as for each of any undesignated holidays shall also be received by fire shift personnel. 7) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 8) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Group B 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 10 years of service - 3 weeks 11 to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager, in the city manager’s discretion, may also include up to five (5) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation. 2) Sick Leave - Thirty (30) days placed on account upon commencement of employment plus annual accrual. 3) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents with employee option to continue coverage upon separation from employment according to one of the available coverage continuation options. 4) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 5) Physical Exam - $50 annual reimbursement for annual physical or health maintenance examination. 6) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Police shift personnel will receive additional eight (8) hours holiday pay at their straight-time hourly rate whether the holiday is worked or not or an additional eight (8) hours of compensatory time for each holiday if they so select. 7) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 8) Police management personnel shall receive compensation for court appearance on days off at a rate equivalent to 150% of their current hourly rate of pay for actual hours with a DECEMBER 20, 2006 VOLUME LXXI 1154 minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Police Lieutenants shall be paid at a rate equivalent to 150% of their current hourly rate of pay for hours worked over 8.25 hours per day. Police Lieutenants shall have the option of compensatory time for hours in excess of their regular 8.25 shift hours with a maximum accrual of 80 hours. 9) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Group C 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 11 years of service - 3 weeks 12 to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager, in the city manager’s discretion, may also include up to five (5) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation. 2) Sick Leave - Fifteen (15) days placed on account upon commencement of employment plus annual accrual. 3) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents with employee option to continue coverage upon separation from employment according to one of the available coverage continuation options. 4) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 5) Physical Exam - $50 annual reimbursement for physical examination. 6) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Police shift personnel will receive an additional eight (8) hours holiday pay at their straight-time hourly rate whether the holiday is worked or not or an additional eight (8) hours of compensatory time for each holiday if they so select. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight-time rate. Twelve (12) hours of personal time off for each holiday which falls on a scheduled day off as well as for each of any undesignated holidays shall also be received by fire shift personnel. 7) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 8) Police management personnel shall receive compensation for court appearance on days off at a rate equivalent to 150% of their current hourly rate of pay for actual hours with a minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Police Sergeants shall be paid at a rate equivalent to 150% of their current hourly rate of pay for VOLUME LXXI DECEMBER 20, 2006 1155 hours worked over 8.25 hours per day. Police Sergeants shall have the option of compensatory time for hours in excess of their regular 8.25 shift hours with a maximum accrual of 80 hours. 9) Fire Captains shall receive compensation at time and a half for overtime hours worked. 10) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Police Management Sick Leave Benefits Sick Leave Bonus. All employees on the active payroll as of December 16, 2001 and the beginning of each subsequent payroll year, shall have established a $240 sick leave occurrence bank. For each use of sick leave during a payroll year, $40.00 shall be deducted from the employee’s individual sick leave bonus bank. Employees on the payroll at the end of the payroll year shall receive a voucher payment equal to the balance remaining in their individual sick leave bonus bank. Section 3. The City Manager, in the City Manager's discretion, may withhold proposed step increases or cost of living salary increases for a specific employee based upon such employee's substandard performance. Section 4. 401 (a) Plan for Groups A, B, and C - Effective January 1, 1992, the City’s deferred compensation program (under Section 401(a) of the U.S. Tax Code) for all non- contract (Management Group) employees shall contribute 4% against a 2% or higher (maximum 10%) matching contribution by the employee into the program. Section 5. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. That this ordinance shall be in full force and effect as of December 24, 2006. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk DECEMBER 20, 2006 VOLUME LXXI 1156 ORDINANCE G105-06 PASSED ESTABLISHING A PAY PLAN FOR CERTAIN PART- TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G105-06 AN ORDINANCE ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the following schedule of standard hourly pay ranges for part time and seasonal employees as follows: Pay Step Single Rate Positions Grade 1 P.T. EMERGENCY DISPATCH COORDINATOR 905 $26.5424 P.T. CRIME PREVENTION SPECIALIST 967 $21.1385 P.T. ASST COMM SERVICE WORK COORD 971 $16.2760 P.T. EVIDENCE CUSTODIAN P.T. POLICE AUXILIARY P.T. PUBLIC SAFETY TELECOMMUNICATOR 972 $23.5494 P.T. RELIEF ADMIN. SECRETARY 973 $16.8673 P.T. PAYROLL CLERK P.T. BOX OFFICE COORDINATOR 974 $14.4556 P.T. HEMMENS TECHNICIAN P.T. RELIEF SECRETARY P.T. SPEC PROJECT INTERN-FINANCE 976 $12.8058 P.T. CROSSING GUARD 977 $12.2150 P.T. SPECIAL PROJECT INTERN 978 $11.8257 P.T. SEASONAL INTERN - CODE ADMIN. P.T. PARKING CONTROL OFFICER 979 $11.7325 P.T. PLUMBING INSPECTOR 980 $25.6901 VOLUME LXXI DECEMBER 20, 2006 1157 P.T. PLANNER 983 $30.5941 P.T. SPECIAL PROJECT INTERN 995 $11.8285 P.T. DOMESTIC VIOLENCE CASE MANAGER 996 $23.3067 Pay Step Step Step Step Step Year Round Positions Grade 1 2 3 4 5 P.T. LAB WORKER 901 $11.7791 $12.3238 $12.9773 $13.6308 $14.0354 P.T. SECRETARY 902 $10.7988 $11.3124 $11.9501 $12.5884 $12.9617 P.T. BILINGUAL CLERK TYPIST 903 $10.6433 $11.0945 $11.6702 $12.2306 $12.6038 P.T. CLERK TYPIST (I) P.T. RECEPTIONIST (I) P.T. CLERK 904 $9.7875 $10.2540 $10.7988 $11.3435 $11.6856 P.T. POLICE RECORDS CLERK P.T. JANITOR 907 $9.4140 $9.9897 $10.5499 $11.1256 $11.4523 P.T. HEAD USHER 908 $9.2117 $9.7097 $10.1608 $10.6275 $10.9387 P.T. PAVILION ATTENDANT 909 $8.7606 $9.2117 $9.7097 $10.1919 $10.5031 P.T. HEMMENS OPERATOR 913 $11.8047 $12.3495 $13.0029 $13.6564 $14.0611 P.T. ACCOUNT CLERK 916 $11.2731 $11.7791 $12.3238 $12.9773 $13.6308 P.T. ACCOUNT CLERK (I) P.T. BOX OFFICE CLERK P.T. BOX OFFICE CLERK (I) P.T. ACCOUNTING TECHNICIAN 938 $18.6802 $19.5150 $20.3963 $21.3123 $22.2748 P.T. CUSTOMER SERVICE CLERK 987 $11.2779 $11.7687 $12.3195 $12.9779 $13.6363 Pay Step Step Step Step Seasonal & Summer Positions Grade 1 2 3 4 P.T. FORESTER 920 $10.8455 $11.4213 $11.9346 $12.4328 P.T. LABORER P.T. LABORERS (25 HOURS/WEEK) DECEMBER 20, 2006 VOLUME LXXI 1158 P.T. SEAS. LABORER- PARKS P.T. SEASONAL LABORER- CEMETERY P.T. SEASONAL LABORER- GOLF P.T. SUMMER GROUNDS WKR-GOLF P.T. SUMMER GROUNDS WKR-PARKS P.T. SUMMER P.W. WKR- WTR DIST P.T. SUMMER MAINT. WORKER 924 $8.1848 $8.6826 $9.1338 $9.5850 STAFF AIDES (SUMMER INTERN/ENG) 926 $9.6009 $10.0829 $10.7988 $11.5145 P.T. BICYCLE PATROL 928 $8.7606 $9.2117 $9.7097 $10.1919 P.T. ATTENDANT - GENERAL 946 $8.2781 $8.7606 $9.2117 $9.6785 P.T. ATTENDANT - CLUB HOUSE 948 $9.2117 $9.7097 $10.1608 $10.6275 P.T. ATTENDANT - DRIVING RANGE 949 $8.7606 $9.2117 $9.7097 $10.1919 P.T. STARTER/RANGER - GOLF Section 2. That there is hereby established the following benefit program for permanent (non-seasonal) part-time employees averaging 20 or more hours per week: 1. Vacation - one week per year (calculated in hours as the average number of hours worked per week by the eligible part-time employee). 2. Sick leave, Medical Insurance or Opt Out (HRA) - Eligible part-time employees may choose among the annual accrual of three (3) four hour sick days , participation in the City’s comprehensive major medical insurance program for employee and dependents provided to other City employees with eligible part- time employee paying fifty percent (50%) of the premium costs for such medical insurance coverage or participation in the City’s Opt-Out plan (HRA-Health Reimbursement Account) – annual reimbursement of $1000. 3. Holidays – Ten (10) holidays, consisting of New Years Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve (calculated in hours as four hours for each holiday). Section 3. The City Manager, in the City Manager's discretion, may withhold proposed step increases or cost of living salary increases for a specific employee based upon such employee's substandard performance. VOLUME LXXI DECEMBER 20, 2006 1159 Section 4. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. That this ordinance shall be in full force and effect as of December 24, 2006. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G106-06 PASSED ESTABLISHING A PAY PLAN FOR THE PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G106-06 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved negotiated settlements reached by the City of Elgin and the Public Services Employee Group; and WHEREAS, the City Council of the City of Elgin has agreed to implement a new salary plan for the Public Services Employee Group. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: DECEMBER 20, 2006 VOLUME LXXI 1160 Section 1. That there is hereby established the following schedule of standard hourly, monthly and annual salary ranges for the Public Services Employee Group. Official Public Services “L” Group Salary Plan Pay Step Step Step Step Step Step Step Position Title Grade 1 2 3 4 5 6 7 Water Relief Operator I 634 $23.5984 $49,084 $4,090 $25.2841 $52,590 $4,382 $26.9698 $56,097 $4,674 $28.6553 $59,603 $4,966 $30.3410 $63,109 $5,259 $32.0266 $66,615 $5,551 $33.7122 $70,121 $5,843 Engineering Inspector Instrumentation Service Worker 633 $22.4747 $46,747 $3,895 $24.0801 $50,086 $4,173 $25.6854 $53,425 $4,452 $27.2908 $56,764 $4,730 $28.8962 $60,104 $5,008 $30.5014 $63,442 $5,286 $32.1068 $66,782 $5,565 Water Treatment Operator I Automotive Mechanic Crew Leader-Sewer 631 $21.6153 $44,959 $23.1593 $48,171 $24.7034 $51.383 $26.2473 $54,594 $27.7913 $57,805 $29.3351 $61,017 $30.8792 $64,228 Crew Leader-Streets $3,746 $4,014 $4,281 $4,549 $4,817 $5,084 $5,352 Crew Leader-Traffic Control Crew Leader-Water Distribution Electrical Worker- Water Electrical Worker- Public Works Horticulturalist Land Management Crew Leader 628 $21.6946 $45,124 $3,760 $23.1409 $48,133 $4,011 $24.5871 $51,141 $4,261 $26.0334 $54,149 $4,512 $27.4796 $57,157.60 $4,763.13 $28.9260 $60,166.02 $5,013.83 Arborist Cement Worker Water Maintenance Mechanic $20.2482 $42,116. $3,509 Equipment Operator- Sewers Equipment Operator- Streets 626 $19.4214 $40,396 $3,366 $20.8085 $43,281 $3,606 $22.1960 $46,167 $3,847 $23.5830 $49,052 $4,087 $24.9704 $51,938 $4,328 $26.3576 $54,823 $4,568 $27.7447 $57,709 $4,809 Equipment Operator- Water Distribution Water Treatment Operator II Automotive Service Worker Cemetery Lead Worker 624 $18.6335 $38,757 $3,229 $19.9643 $41,525 $3,460 $21.2954 $44,294 $3,691 $22.6265 $47,063 $3,921 $23.9572 $49,831 $4,152 $25.2884 $52,599 $4,383 $26.6193 $55,368 $4,614 VOLUME LXXI DECEMBER 20, 2006 1161 Electrical Worker II Golf Course Mechanic Greens Worker Land Management Maint. Technician Land Management Mechanic Signs Lead Worker Sports Complex Lead Worker Utility Locator Water Distribution Inspector Water Service Person Land Management Zoo Grounds Worker 623 $18.2950 $38,053 $3,171 $19.6017 $40,771 $3,397 $20.9085 $43,489 $3,624 $22.2153 $46,207 $3,850 $23.5221 $48,925 $4,077 $24.8289 $51644 $4,303 $26.1357 $54,362 $4,530 Land Management Grounds Worker Land Management Safety Inspector Utility Worker-Sewers Utility Worker-Streets Utility Worker-Traffic Utility Worker-Water Dist. Water Meter Servicer Water Treatment Laborer Water Meter Maint. Person Water Laboratory Asst. 620 $17.2337 $35,846 $2,987 $18.4647 $38,406 $3,200 $19.6957 $40,966 $3,413 $20.9266 $43,527 $3,627 $22.1577 $46,087 $3,840 $23.3885 $48,648 $4,054 $24.6195 $51,208 $4,267 Service Maintenance Laborer -Water Golf Landscape Specialist Land Management Grounds Laborer 613 $14.8900 $30,971 $2,580 $15.9534 $33,183 $2,765 $17.0171 $35,395 $2,949 $18.0806 $37,607 $3,133 $19.1442 $39,819 $3,318 $20.2076 $42,031 $3,502 $21.2712 $44,244 $3,687 Section 2. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect as of December 24, 2006. s/ Ed Schock Ed Schock, Mayor DECEMBER 20, 2006 VOLUME LXXI 1162 Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-292 ADOPTED ESTABLISHING FEES FOR THE USE OF THE HEMMENS CULTURAL CENTER Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-292 RESOLUTION ESTABLISHING FEES FOR THE USE OF THE HEMMENS CULTURAL CENTER WHEREAS, the Office of the City Manager of the City of Elgin has recommended that the fees and charges heretofore established for the use of the Hemmens Cultural Center be revised; and WHEREAS, the City Council of the City of Elgin concurs in the recommendations of the Office of the City Manager for the years 2007, 2008, and 2009. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That from and after January 1, 2007 fees and charges for the use of the Hemmens Cultural Center shall be in accordance with the following schedule: I. Event Time 2007 2008 2009 Stage Monday-Thursday per hour, three hour minimum $295 $310 $325 Friday-Sunday per hour, three hour minimum $330 $350 $365 (includes lobby, dressing & rehearsal rooms) Second Performance, same day VOLUME LXXI DECEMBER 20, 2006 1163 Monday-Thursday $110 $115 $120 Friday-Sunday $136 $145 $155 Exhibition Hall Monday-Thursday, per hour, three hour minimum $147 $155 $165 Friday-Sunday, per hour, three hour minimum $184 $195 $205 One half of Exhibit Hall: 50% full rate Lobby Monday-Thursday per hour, three hour minimum $273 $285 $300 Friday-Sunday per hour, three hour minimum $310 $325 $340 Entire Building Monday-Thursday, per hour, three hour minimum $336 $355 $375 Friday-Sunday, per hour, three hour minimum $399 $420 $440 II. Rehearsal & Move-In/Out Times (3 hour minimum, unless consecutive to public event) 2007 2008 2009 Stage Per Hour Monday-Thursday $ 63 $ 66 $ 69 Friday-Sunday $ 79 $ 83 $ 87 Friday-Sunday other than day of event $116 $122 $128 Exhibition Hall Per Hour Monday-Thursday $ 47 $ 49 $ 51 Friday-Sunday $ 63 $ 66 $ 69 Friday-Sunday other than day of event $ 90 $ 95 $100 Entire Building Per Hour Monday-Thursday $ 79 $ 83 $ 87 Friday-Sunday $105 $110 $115 Friday-Sunday other than day of event $147 $155 $165 III. Other Spaces Rehearsal Room, Art Gallery, Green Room, (Non-Performance Use) Per Hour Monday-Thursday $ 63 $ 66 $ 69 Friday-Sunday $ 79 $ 83 $ 87 Kitchen, per day $ 58 $ 61 $ 64 (included with Exhibit Hall and Entire Building rentals) DECEMBER 20, 2006 VOLUME LXXI 1164 Equipment Storage per day $132 $140 $147 (for days not within contract period) Equipment used for and personnel working the event shall be additional. Individuals and organizations with not-for-profit status will receive a 35% discount off the base building rental rate upon receipt of appropriate documentation. Elgin resident individuals and organizations will receive a 25% discount off the base building rental rate. Only one of the discounts listed above may be applied per contract. A 100% discount on building rental shall be given for weekday (Monday-Thursday) events presented by School District U-46, Kane County or the State of Illinois. An additional 10% will be discounted from the building rental for Elgin Symphony Orchestra events. Building rental rates on observed city and federal holidays are charged at one and a half times the base rate. Contracts will not be written with more than two consecutive days of non-use. IV. 2006 - 2008 Equipment Rates 2007 2008 2009 1. Acoustical Reflectors (floor per unit) $ 10.00 $ 10.50 $ 11.00 2. Acoustical Reflectors (hanging, per set) $ 14.00 $ 14.50 $ 15.25 3. Chairs, metal folding $ .80 $ .80 $ .80 4. Chairs, padded $ 1.50 $ 1.50 $ 1.50 5. Tables, rectangle $ 4.75 $ 4.75 $ 5.00 6. Tables, round (including cocktail tables) $ 5.25 $ 5.25 $ 5.50 7. ROSCO Dance Floor $110.00 $115.00 $120.00 8. Electric Truck, per day $ 35.00 $ 37.00 $ 39.00 9. Mics & Dl's (1 included with rental) $ 21.50 $ 22.50 $ 23.50 10. Wireless Mic Surcharge, per day $ 5.25 $ 5.25 $ 5.50 11. Mirrorball, Blacklights $ 49.50 $ 52.00 $ 52.00 12. Fog Machines, Strobe Lights $ 56.75 $ 59.50 $ 62.00 13. Movie Screen $ 21.50 $ 22.50 $ 23.50 14. Manhasset Music Stands $ .75 $ .75 $ .80 15. Music Stand Lights $ 1.75 $ 1.75 $ 2.00 16. Stage Lectern $ 14.25 $ 15.00 $ 15.75 17. Backstage Podium $ 0.00 $ 0.00 $ 0.00 18. Orchestra Pit $ 73.50 $ 77.00 $ 81.00 19. Piano, Steinway $136.00 $143.00 $150.00 20. Piano, Upright $ 78.75 $ 82.50 $ 86.50 VOLUME LXXI DECEMBER 20, 2006 1165 21. Piano, Tuning $126.00 $126.00 $126.00 22. Portable Sound System $ 56.75 $ 59.50 $ 62.00 23. Projector, 16mm sound, LCD video $ 49.50 $ 52.00 $ 54.00 24. Slide Projector $ 28.25 $ 29.50 $ 31.00 25. Band Risers $ 6.75 $ 7.00 $ 7.25 26. Choral Risers, per tier $ 4.25 $ 4.50 $ 4.75 27. Followspots $ 81.00 $ 85.00 $ 85.00 28. Table Skirts $ 4.75 $ 5.00 $ 5.25 29. Tape Recorders (analog, digital or, CD player) $ 38.25 $ 40.00 $ 40.00 30. Pipe& Drape (i.e. for quick change booths-per foot) $ 1.00 $ 1.00$ $ 1.00 31. Hanging Flag, Scrim or Drops $105.00 $110.00 $110.00 32. 100 Cup Coffee Urns (one N/C) $ 4.25 $ 4.50 $ 4.75 33. Pyrotechnical Effects must be provided by licensed professional (at discretion of venue management) 34. Portable Theatre Seating $ 2.75 $ 3.00 $ 3.15 35. VCR & Monitor $ 43.00 $ 45.00 $ 47.00 Note: The above equipment rates do not include the cost of the operation. Except where otherwise indicated, the rates are on a per contract basis. An additional 10% will be discounted from rental of Hemmens owned equipment for Elgin Symphony Orchestra events. Under normal use, clean up service is included in the base rental. However, at the discretion of the building manager, sponsoring organizations will be assessed for clean up service when the building is left unusually messy or dirty. V. Labor Rates (per person per hour) 2007 2008 2009 Technicians $ 28.50 $ 30.00 $ 31.50 Senior Technicians $ 42.75 $ 44.75 $ 47.00 Stage Manager $ 42.75 $ 44.75 $ 47.00 Ushers $ 14.25 $ 15.00 $ 15.75 Box Office Ticketing Agents $ 22.00 $ 23.00 $ 24.00 Security Rates established by Police Department Labor rates for Hemmens personnel on observed city and federal holidays are charged at one and a half times the regular rate. The Hemmens reserves the right to determine minimum crew call for event. The Hemmens requires regularly scheduled breaks for crew calls exceeding 5 hours. No individual or group, including the Elgin Symphony Orchestra shall receive a discount on labor charges. VI. Ticketing Services 2007 2008 2009 DECEMBER 20, 2006 VOLUME LXXI 1166 Event Set-Up $ 35.00 $ 37.00 $ 39.00 (Using existing seating configuration) Event Set-Up $210.00 $220.00 $230.00 (Requiring the creation of a new seating configuration) Labor Surcharge, Per Ticket Printed $ .35 $ .35 $ .35 Processing Fee, Per Order $ 3.00 $ 3.25 $ 3.25 A per order processing fee will be charged to all tickets orders placed with The Hemmens Box Office by any means other than in person at The Hemmens Box Office window located at 45 Symphony Way, Elgin, IL 60120. Lessee shall have no participation in revenues generated by this fee. Ticket Exchange Fee, Per Ticket $ 1.75 $ 2.00 $ 2.10 A per ticket exchange fee will be charged for all tickets exchanged, reprinted, re-issued or returned to The Hemmens Box Office by any means and for any reason. Lessee shall have no participation in revenues generated by this fee. Credit card service fee of 4% of gross credit card sales charged to lessee events will be deducted from lessee gross sales. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI DECEMBER 20, 2006 1167 RESOLUTION 06-293 ADOPTED ESTABLISHING FEES FOR THE USE OF THE LORDS PARK PAVILION Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-293 RESOLUTION ESTABLISHING FEES FOR THE USE OF THE LORDS PARK PAVILION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that from and after January 1, 2007 fees and charges for the use of the Lords Park Pavilion shall be in accordance with the following schedule: I. RENTAL GROUPS: GROUP # OF GUESTS 1 1-100 2 101-200 3 201-300 II. RESERVATION PACKAGES: Package Usage Time Set Up/Tear Down Total Usage Time A 2 hours 30 minutes 3 hours B 4 hours 45 minutes 5.5 hours C 8 hours 1 hour 10 hours No proportional time allowed. III. 2005 MAINTENANCE FEES: BUILDING USE Resident/Nonresident A. Group 1: Package A $129.00/$162.00 Package B $236.00/$296.00 Package C $430.00/$537.00 B. Group 2: Package A $258.00/$323.00 Package B $473.00/$592.00 Package C $860.00/$1075.00 DECEMBER 20, 2006 VOLUME LXXI 1168 C. Group 3: Package A $387.00/$484.00 Package B $709.00/$887.00 Package C $1290.00/$1613.00 IV. 2005 EQUIPMENT CHARGES: A. Tables (3x8 folding) $ 4.00 each (40 tables available) B. Chairs (metal folding) $ 1.00 each (180 chairs available) V. SERVICE FEE: $25 processing fee to change reservation date. VI. SECURITY DEPOSIT: 50% of the rental cost due at the time the reservation is made. One month prior to the reservation date, rental fee must be paid in full. After the event, the security deposit will be refunded providing that all guidelines regarding the rental were met. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-294 ADOPTED ESTABLISHING FEES FOR THE USE OF CERTAIN PARK SHELTER FACILITIES Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI DECEMBER 20, 2006 1169 Resolution No. 06-294 RESOLUTION ESTABLISHING FEES FOR THE USE OF CERTAIN PARK SHELTER FACILITIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that from and after January 1, 2007 fees and charges for the use of certain park facilities shall be in accordance with the following schedule: PARK SHELTER RENTAL: Daily 9:00 a.m. - 8:00 p.m. Lords Park: Shelter #1/zoo-East (seats up to 70) Shelter #2/West (seats up to 70) Trout Park: Shelter #1/Route 25-East (seats approx. 100) Shelter #2/ball field-West (seats approx. 150-200) Wing Park: Shelter #1/playground (seats up to 70) Shelter #2/golf course (seats up to 70) Resident/Additional Hour 6 Hour Rental: 1-50 people $60.00/10.00 51-100 people $65.00/10.00 Over 100 people $70.00/10.00 Nonresident/Additional Hour 6 Hour Rental: 1-50 people $65.00/10.00 51-100 people $70.00/10.00 Over 100 people $75.00/10.00 School/Additional Hour 6 Hour Rental: 1-50 people $55.00/10.00 51-100 people $60.00/10.00 Over 100 people $65.00/10.00 Electricity available in all shelters except Lords Park. BANDSHELL: Resident Non-Resident School Lighting 4-hr Rental $50 $55 $45 $30/hr. Each additional hour is $10.00 per hour. s/ Ed Schock Ed Schock, Mayor DECEMBER 20, 2006 VOLUME LXXI 1170 Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-295 ADOPTED ESTABLISHING FEES FOR THE USE OF CERTAIN PARK SPORTS FACILITIES Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-295 RESOLUTION ESTABLISHING FEES FOR THE USE OF CERTAIN PARK SPORTS FACILITIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that from and after January 1, 2007 fees and charges for the use of certain park facilities shall be in accordance with the following schedule: SPORTS FACILITIES: Softball Field Rental Priority Classifications: Priority Classification “A” pertains to Elgin Little League, Elgin Kickers Soccer, Elgin Teener League, Elgin Pee Wee Football, and Elgin Heat. Priority Classification “B” pertains to all Elgin citizens, organizations, businesses, and Elgin private and public schools. Pertains to organizations with one or more athletic teams that participate in leagues that are located either inside or outside of Elgin, that play their home games on Elgin fields. Included are American Legion of Elgin, Elgin Masters Softball League, and Elgin 12” Fast Pitch League. Priority Classification “C” (nonresident) pertains to any organizations, private businesses, leagues or teams from outside of Elgin city limits wishing to use Elgin fields for practice and league games. Included are Illinois Suburban Baseball League, Illinois Suburban Soccer League, Men's Adult Baseball League. Priority VOLUME LXXI DECEMBER 20, 2006 1171 Classifi- Baseball Fields Sports Complex cation Permit Fees Softball Fields Soccer Fields “A” $23.00 $16.25/hr. $59.00 per game per permit per field (2 hour slot) per season (plus field prep) Tournaments $86.00 per day $33.25 per team per field (min 30 teams) (min 2 fields) (plus field prep) “B” $48.00 $21.00/hr. $86.50 per game per permit per field (2 hour slot) per field (plus field prep) (up to 20 games) Priority Classifi- Baseball Fields Sports Complex cation Permit Fees Softball Fields Soccer Fields Tournaments $112.00 per day $43.00 per game per field (2 hour slot) (min 2 fields) (min 4 fields) (plus field prep) “C” $48.00 $26.25/hr. $108.00 per game per permit per field (2 hour slot) per field (plus field prep) (up to 20 games) Tournaments $140.00 per day $54.00 per game per field (2 hour slot) (min. 2 fields) (min 4 fields) (plus field prep) Field Preparation: Class A & B/Class C Softball Field Preparation: $ 62.50/$ 78.00 (Bases/Lines/Drag) BLD per field Lights: $ 65.00/$ 81.25 Parks, Soccer or Softball per hour/per field (includes operator) DECEMBER 20, 2006 VOLUME LXXI 1172 Sports Complex Scoreboard: $ 27.75/$ 34.50 (includes operator) per hour Softball League Registration Fee Summer = $685 Resident/$805 Nonresident Fall = $500 Resident/$620 Nonresident Sand Volleyball Courts: Court Group Per Hour Lights (per hour)* Resident $ 24.00 $ 34.00 Nonresident $ 30.00 $ 42.50 *includes operator Tennis Court: Wing Park: Daily 8:00 am - 10:00 pm Lords Park: Daily 8:00 am – 10:00 pm Group Per Hour Resident $10.00 Nonresident $12.00 Note: Wing Park hourly field charges apply to Priority Classifications “B” and “C” only. Softball tournament rate is based on 8:00 a.m. - 6:00 p.m. Additional hours billed at hourly rate per field. • These rates may be adjusted for purposes of conducting tournaments or special events, upon approval from the City Manager or his or her designee. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI DECEMBER 20, 2006 1173 RESOLUTION 06-296 ADOPTED AMENDING THE RATES AND CHARGES FOR WATER METERS AND WATER SERVICES Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-296 RESOLUTION AMENDING THE RATES AND CHARGES FOR WATER METERS AND WATER SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following rates and charges be and are hereby established for services performed by the City of Elgin: Water Service Installation Cost 1" 1¼" 1½" 2" 4" 6" 8" New Subdivision $1,022 $1,077 $1,187 $2,042 $3,888 $4,257 $5,017 Unimproved City Street Seal Coated (No Curb and Gutter) 2,517 2,572 2,728 3,379 4,217 4,634 5,367 Improved City Street (Blacktop) 2,578 2,627 2,784 3,427 4,675 5,142 5,964 Improved City Street (Blacktop and Concrete) 2,936 2,961 3,113 3,757 5,024 5,512 6,363 Federal, County, or State Highway or Four-Lane City Streets 3,400 3,490 3,662 4,922 9,082 9,967 11,290 *Note A. A 5/8" AMR (automatic meter reading) water meter plus 25% overhead charge is included with the 1" and 1¼" water service. B. The cost for a water meter will be at the current rates adopted by the City Council. Meter sizes will be based on usage at the direction of the director of water operations. DECEMBER 20, 2006 VOLUME LXXI 1174 C. An AMR system is required for each new single family residence and other installations as possible. D. The costs of water service installation for 1" and 1¼" services in the New Subdivision category are based on orders of three or more; if order is less than three, add $105 per service. E. The installation of any sized service in the Central Business District (CBD), including the Fountain Square Plaza Mall, and other areas as described shall be on a time and material basis. The CBD shall include the area bounded on the west by the Fox River, north by Kimball Street, east by Dundee and Villa Streets, and on the south by National Street. F. Federal, State, and County routes that must be augured will include the scheduled water service price plus any additional actual costs. G. If service installation is a replacement of an equivalent size and for the same intended usage, subtract meter costs for a 1" and 1¼" service from installation cost. RELATED SERVICES: Water Mains $ 22.50 per front foot (excludes mains installed by subdivider or covered by a special reimbursement ordinance) Turn Off/On for Nonpayment $ 50.00 After Business Hours Turn On $ 100.00 Revisit Installation Fee for New Meter Set (after first appointment, each appointment thereafter) $ 30.00 Temporary Out of Service - Remove and Reinstall Water Meter $ 50.00 (charge to be made upon reinstallation of meter) Frozen Meter Service Charge $ 75.00 (after first appointment, each appointment thereafter – cost of meter is additional) Check Returned $ 25.00 VOLUME LXXI DECEMBER 20, 2006 1175 Bacteriological Test $ 30.00 Same Day Final Read Request $ 25.00 Meter Test Fee $ 50.00 Hydrant Meter Rental Fees 1 inch Deposit $ 250.00 3 inch Deposit $1000.00 Wrench deposit $ 40.00 Water (1 unit estimate) $ 200.00 s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk WATER METER PRICE SCHEDULE Size and Type 2005 Price 5/8" Local $ 42.55 5/8" AMR $ 217.25 3/4" Local $ 69.80 3/4" AMR $ 251.75 1" Local $ 113.20 1" AMR $ 289.20 1-1/2" Local $ 230.55 1-1/2" AMR $ 437.00 2" Local $ 347.40 2" AMR $ 603.10 Compounds 2" Local $ 1,307.60 2" AMR $ 1,637.70 3" Local $ 1,374.80 3" AMR $ 1,704.85 DECEMBER 20, 2006 VOLUME LXXI 1176 4" Local $ 2,372.25 4" AMR $ 2,702.30 6" Local $ 3,395.80 6" AMR $ 3,725.85 Turbos 2" Local $ 424.45 2" AMR $ 645.45 3" Local $ 491.75 3" AMR $ 712.75 4" Local $ 802.80 4" AMR $ 1,023.75 6" Local $ 1,756.55 6" AMR $ 1,977.50 8” Local $ 2,510.64 8” AMR $ 2,728.44 10" Local $ 3,418.50 10" AMR $ 3,638.25 5/8" to 1" meters include a 25% overhead fee. 1-1/2" to 10" meters include a 10% overhead fee. RESOLUTION 06-297 ADOPTED ESTABLISHING AN HOURLY RATE FOR HIRE OF POLICE OFFICERS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-297 RESOLUTION ESTABLISHING AN HOURLY RATE FOR HIRE OF POLICE OFFICERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that there be and is hereby established the following hourly rates for special police details: I. Regular Members of Police Force: Units of Local Government and School Districts . . . . . . . . $ 59.00 All Others . . . . . . . . . . . . . . . . $ 61.00 II. Community Service Officer………… $ 41.00 VOLUME LXXI DECEMBER 20, 2006 1177 III. Auxiliary Officers . . . . . . . . . . . . . . . . $ 21.00 IV. Use of squad car . . . . . . . . . . . . . . . . . $ 15.00 The rates for special police details shall be increased annually based on the general wage increase included in the city’s collective bargaining agreement with the police union. BE IT FURTHER RESOLVED that the rates established herein shall be effective on and after January 1, 2007 and shall supersede any rates previously established. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-298 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT WITH CENTEX HOMES (SHADOW HILL SUBDIVISION-UNIT 4-WATER ROAD) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-298 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT WITH CENTEX HOMES (Shadow Hill Subdivision-Unit 4-Water Road) WHEREAS, the owners of certain property commonly known as Shadow Hill Subdivision Unit 4 at 3625 and 3650 Water Road have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and DECEMBER 20, 2006 VOLUME LXXI 1178 WHEREAS, the proposed Amendment to Annexation Agreement with Centex Homes is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Amendment to Annexation Agreement with Centex Homes, a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G107-06 PASSED AMENDING ORDINANCE G74-04 CLASSIFYING TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (SHADOW HILL SUBDIVISION-UNIT 4-WATER ROAD) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G107-06 AN ORDINANCE AMENDING ORDINANCE G74-04 CLASSIFYING TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Shadow Hill Unit 4 Subdivision Water Road) WHEREAS, the territory commonly known as the Shadow Hill Subdivision has previously been annexed to the City of Elgin and zoned in the PSFR2 Planned Single Family Residence District pursuant to Ordinance No. G74-04; and WHEREAS, written application has been made by the owner of Unit 4 of the Shadow Hill Subdivision to amend Ordinance No. G74-04 to allow for specified balconies to be permitted obstruction in their required rear yards of certain lots within Unit 4 of the Shadow Hill Subdivision; and VOLUME LXXI DECEMBER 20, 2006 1179 WHEREAS, after due notice in the matter provided by law the planning and development commission conducted a public hearing concerning said application has submitted its written findings and recommendation; and WHEREAS, the city council of the City of Elgin has reviewed and findings and recommendations of the planning and development commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCI0L OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2G7 of Ordinance No. G74-04 be and is hereby amended to read as follows: “7. Yards. In this PSFR2 zoning district, a “strict yard [SR], a side yard” [SR], or a “rear yard” [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance, except as follows: 1. Intentionally Deleted. 2. Balconies (open decks exceeding 48 inches in structure height) located on the rear of a dwelling unit located on lots 23-29, 55-61, 67-71, as identified on the Final Plat of Subdivision for Shadow Hill Unit Four, prepared by V3 Consultants and dated February 7, 2005, with revisions dated June 13, 2005, may encroach into the required rear yard building setback as follows: a Alcott Model #2406: maximum allowable encroachment of 10 feet. b Emerson Model #2496: maximum allowable encroachment of 3.17 feet. c Hemingway Model #2727: maximum allowable encroachment of 4.5 feet; d Fitzgerald Model #2854: maximum allowable encroachment of 5.17 feet; e Longfellow Model #3115: maximum allowable encroachment of 4.17 feet; f Whitman Model #3350: maximum allowable encroachment of 0.5 feet; g Steinbeck Model #3674: maximum allowable encroachment of 0.5 feet. Approval of any encroachment of a balcony into a required rear yard building setback shall also be in full conformance with the statement of purpose submitted by John Nevenhoven, Land Entitlement Manager, Centex Homes, dated November 23, 2005, and with the Shadow Hill Unit 4 deck exhibit prepared by V3 Consultants and dated April 8, 2005.” DECEMBER 20, 2006 VOLUME LXXI 1180 Section 2. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-299 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT WITH CENTEX HOMES (COPPER SPRINGS SUBDIVISION-WATER ROAD) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-299 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO ANNEXATION AGREEMENT WITH CENTEX HOMES (Copper Springs Subdivision-Water Road) WHEREAS, the owners of certain property commonly known as Copper Springs Subdivision at 3400 and 3401 Water Road have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Amendment to Annexation Agreement with Centex Homes is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are VOLUME LXXI DECEMBER 20, 2006 1181 hereby authorized and directed to execute, on behalf of the City of Elgin, the Amendment to Annexation Agreement with Centex Homes, a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G108-06 PASSED AMENDING ORDINANCE G37-04 CLASSIFYING TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (COPPER SPRING SUBDIVISION-WATER ROAD) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G108-06 AN ORDINANCE AMENDING ORDINANCE G37-04 CLASSIFYING TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Copper Springs Subdivision Water Road) WHEREAS, the territory commonly known as the Copper Springs Subdivision has previously been annexed to the City of Elgin and zoned in the PSFR2 Planned Single Family Residence District pursuant to Ordinance No. G37-04; and WHEREAS, written application has been made by the owner of the Copper Springs Subdivision to amend Ordinance No. G37-04 to allow for specified balconies to be permitted obstruction in their required rear yards of certain lots within the Copper Springs Subdivision; and WHEREAS, after due notice in the matter provided by law the planning and development commission conducted a public hearing concerning said application has submitted its written findings and recommendation; and WHEREAS, the city council of the City of Elgin has reviewed and findings and recommendations of the planning and development commission. DECEMBER 20, 2006 VOLUME LXXI 1182 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 3. That Section 2G7 of Ordinance No. G37-04 be and is hereby amended to read as follows: “7. Yards. In this PSFR2 zoning district, a “strict yard [SR], a side yard” [SR], or a “rear yard” [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance, except as follows: 1. Front porches and porticos not open to the sky may encroach nor more than six (6) linear feet into the minimum required building setback from a “street lot line” [SR]. Porticos shall be defined as a covered entryway which protrudes from the main façade of the dwelling, but which is not as wide as the façade itself. 2. Balconies (open decks exceeding 48 inches in structure height) located on the rear of a dwelling unit located on lots 80-82, 86-98 and 118-127, as identified on the Final Plat of Subdivision for Copper Springs, prepared by V3 Consultants and dated February 7, 2005, with revisions dated June 13, 2005, may encroach into the required rear yard building setback as follows: b Alcott Model #2406: maximum allowable encroachment of 10 feet. c Emerson Model #2496: maximum allowable encroachment of 3.17 feet. d Hemingway Model #2727: maximum allowable encroachment of 4.5 feet; e Fitzgerald Model #2854: maximum allowable encroachment of 5.17 feet; f Longfellow Model #3115: maximum allowable encroachment of 4.17 feet; g Whitman Model #3350: maximum allowable encroachment of 0.5 feet; h Steinbeck Model #3674: maximum allowable encroachment of 0.5 feet. Approval of any encroachment of a balcony into a required rear yard building setback shall also be in full conformance with the statement of purpose submitted by John Nevenhoven, Land Entitlement Manager, Centex Homes, dated November 23, 2005, and with the Copper Springs deck exhibit prepared by V3 Consultants and dated April 8, 2005.” Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI DECEMBER 20, 2006 1183 Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-300 ADOPTED URGING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO ENACT AND ENFORCE IMMIGRATION LAWS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-300 RESOLUTION URGING THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES CONGRESS TO ENACT AND ENFORCE IMMIGRATION LAWS WHEREAS, the United States of America was founded and built by immigrants; and WHEREAS, the City of Elgin, Illinois is a diverse community which has in the past and will continue to welcome those who seek to better their lives and those of their children by legally immigrating to the United States; and WHEREAS, immigration and the enactment and enforcement of immigration laws has been the longstanding responsibility of the federal government; and WHEREAS, securing our nations borders is a matter of national security; and WHEREAS, the failure by the federal government to secure our borders and to enact and enforce comprehensive and equitable immigration laws has resulted in growing burdens on the states and local governments including, but not limited to, increased burdens on local schools and increased costs for the provision of health care services; and WHEREAS, the failure of the federal government to secure our borders and to enact and enforce comprehensive and equitable immigration laws causes distrust within our community between citizens and those who have recently immigrated, whether legally or illegally, and undermines the respect for the rule of law in our society. DECEMBER 20, 2006 VOLUME LXXI 1184 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the members of the City Council of the City of Elgin hereby urge the President of the United States and the United States Congress, regardless of party affiliation, to place the highest priority and to proceed forthwith in enacting and enforcing comprehensive immigration laws which secure our nations borders, provide security for citizens and legal residents of the United States and which address the growing number of illegal immigrants currently within our borders. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Clerk is hereby directed to send a copy of this resolution to the President of the United States, to each member of the United States House of Representatives and to each member of the United States Senate. _s/ Ed Schock_________________________ Ed Schock, Mayor _s/ Juan Figueroa______________________ Juan Figueroa, Councilman _s/ Robert Gilliam ___________________ Robert Gilliam, Councilman _s/ David Kaptain________ ___________ David Kaptain, Councilman _s/ Brenda Rodgers________ _________ Brenda Rodgers, Councilwoman _s/ Thomas Sandor_________ __________ Thomas Sandor, Councilman _s/ John Walters _____________________ John Walters, Councilman Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI DECEMBER 20, 2006 1185 RESOLUTION 06-301 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH NORTHEAST ILLINOIS COMMUNICATION CONSORTIUM (NICC) FOR A SHARED COMMUNICATION SYSTEM Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-301 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH NORTHEAST ILLINOIS COMMUNICATION CONSORTIUM (NICC) FOR A SHARED COMMUNICATION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute an Intergovernmental Agreement with the Northeast Illinois Communication Consortium (NICC) on behalf of the City of Elgin in connection with jointly engaging with other Illinois cities and agencies to acquire an interoperable and shared communications system, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-302 ADOPTED AUTHORIZING EXECUTION OF A PACE PARATRANSIT LOCAL SHARE AGREEMENT FOR THE DIAL-A-RIDE PROGRAM Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. DECEMBER 20, 2006 VOLUME LXXI 1186 Resolution No. 06-302 RESOLUTION AUTHORIZING EXECUTION OF A PACE PARATRANSIT LOCAL SHARE AGREEMENT FOR THE DIAL-A-RIDE PROGRAM 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 Pace Paratransit Local Share Agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority for the Dial-a-Ride program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-303 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH SHALES MCNUTT CONSTRUCTION FOR THE BOWES ROAD BOOSTER PUMP STATION Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-303 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH SHALES MC NUTT CONSTRUCTION FOR THE BOWES ROAD BOOSTER PUMP STATION WHEREAS, the City of Elgin has heretofore entered into a contract with Shales McNutt for the Bowes Road Booster Pump Station; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final, attached hereto. VOLUME LXXI DECEMBER 20, 2006 1187 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-304 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATER MAIN AND PUBLIC UTILITY PURPOSES FROM FIRST INDUSTRIAL L.P. (1111 DAVIS ROAD) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-304 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATER MAIN AND PUBLIC UTILITY PURPOSES FROM FIRST INDUSTRIAL L.P. (1111 Davis Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an easement agreement for water main and public utility purposes from First Industrial L.P. for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor DECEMBER 20, 2006 VOLUME LXXI 1188 Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-305 ADOPTED AUTHORIZING EXECUTION OF AN ACCESS EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM ELGIN INVESTORS, LLC (N. ALFT LANE AND RANDALL ROAD) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-305 RESOLUTION AUTHORIZING EXECUTION OF AN ACCESS EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM ELGIN INVESTORS, L.L.C. (N. Alft Lane and Randall Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an access easement agreement for water main and purposes from Elgin Investors, L.L.C. for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI DECEMBER 20, 2006 1189 RESOLUTION 06-306 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ILLINOIS HISTORIC PRESERVATION AGENCY FOR A DOWNTOWN AREA ARCHITECTURAL SURVEY AND INVENTORY Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-306 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ILLINOIS HISTORIC PRESERVATION AGENCY FOR A DOWNTOWN AREA ARCHITECTURAL SURVEY AND INVENTORY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a grant agreement with the Illinois Historic Preservation Agency for a Downtown Area Architectural Survey and Inventory, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-307 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN CREEKSIDE SUBDIVISION Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. DECEMBER 20, 2006 VOLUME LXXI 1190 Resolution No. 06-307 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN CREEKSIDE SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the public improvements, which include water main, storm sewer, sanitary sewer, streets, sidewalks and street lights in the Creekside Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-308 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-308 RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and VOLUME LXXI DECEMBER 20, 2006 1191 WHEREAS, pursuant to the requirements of Public Act 85-1355, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the schedule attached hereto; and WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The executive session minutes for the period from October 2005 through June 2006 are hereby approved. Section 2. The executive session minutes or the portions thereof set forth on the attached Exhibit A no longer require confidential treatment and are hereby made available for public inspection. The City Clerk is hereby authorized and directed to make said minutes or the portions thereof available for inspection and copying as public records. Section 3. The need for confidentiality still exists as to all or parts of those minutes set forth on the attached Exhibit B. Section 4. This resolution shall be in full force and effect from and after its passage. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk DECEMBER 20, 2006 VOLUME LXXI 1192 RESOLUTION 06-309 ADOPTED AUTHORIZING EXECUTION OF A GRANT AND RESERVATION OF EASEMENT FOR CITY OWNED PROPERTY NORTH OF PLANK ROAD Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-309 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AND RESERVATION OF EASEMENT FOR CITY OWNED PROPERTY NORTH OF PLANK ROAD 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 grant and reservation of easement for the city-owned property north of Plank Road, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grant and reservation of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-310 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH DIXON DANCE ACADEMY Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI DECEMBER 20, 2006 1193 Resolution No. 06-310 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH DIXON DANCE ACADEMY 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 service agreement on behalf of the City of Elgin with the Dixon Dance Academy in the amount of $33,356 to provide dance instruction at The Centre for the year 2007, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G109-06 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE ESTABLISHMENT AND OPERATION OF AN EMERGENCY SHELTER (1730 BERKLEY, UNITS A AND B) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G109-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE ESTABLISHMENT AND OPERATION OF AN EMERGENCY SHELTER (1730 Berkley, Units A and B) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the establishment and operation of an emergency shelter within the GI General Industrial District at1730 Berkley, Unit A and B; 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 DECEMBER 20, 2006 VOLUME LXXI 1194 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 November 1, 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 which will allow for the establishment and operation of an emergency shelter within the GI General Industrial District at 1730 Berkley, Units A and B and legally described as follows: The west 304.68 feet (except the east 152.99 feet) measured at right angles to the west line thereof of Lot 3 in block B of Burnidge Bros. Industrial Park blocks A and B of Unit No. 1, according to the plat thereof recorded December 13, 1963 as Document No. 1014426, in the City of Elgin, Kane County, Illinois (property commonly known as 1730 Berkley Street, Units A and B). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Pat Yauch, dated September 29, 2006. 2. Substantial conformance with the PADS, Shower Room Renovation plan, submitted by Pat Yauch, dated September 29, 2006. 3. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within two years from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI DECEMBER 20, 2006 1195 Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE S21-06 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (GOOD SHEPHERD EVANGELICAL LUTHERAN CHURCH, 195 NESLER ROAD-WESTERLY 300 FEET) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. S21-06 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Good Shepherd Evangelical Lutheran Church-195 Nesler Road-Westerly 300 feet) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: DECEMBER 20, 2006 VOLUME LXXI 1196 That part of Sections 17 and 18, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of Moeller's Subdivision, a subdivision of said Section 17, and also being a point in the center line of U.S. Route 20; thence Northwesterly along said center line, being on a curve to the right and having a radius of 4,326.96 feet, an arc distance of 269.90 feet; (the chord of the last described curve bearing North 66 degrees 19 minutes 12 seconds West, 269.86 feet); thence North 64 degrees 58 minutes 36 seconds West along said center line, 412.57 feet for the point of beginning; thence continuing North 64 degrees 58 minutes 36 seconds West along said center line, 335.26 feet to the center line of Nesler Road; thence South 31 degrees 40 minutes 54 seconds West along said center line, 1,121.36 feet; thence South 64 degrees 58 minutes 36 seconds East, 335.26 feet; thence North 31 degrees 40 minutes 54 seconds East, 1121.36 feet to the point of beginning, (excepting therefrom that part of U.S. Route 20 and Nesler Road dedicated for roadway purposes by Document Numbers 424677, 1363891, and 2005K016731), in Elgin Township, Kane County, Illinois. Also the northerly right of way of U.S. Route 20 and the Westerly right of way of Nesler Road adjacent to the above described parcel, not previously annexed to the City of Elgin. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI DECEMBER 20, 2006 1197 ORDINANCE G110-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (GOOD SHEPHERD EVANGELICAL LUTHERAN CHURCH SUBDIVISION, PHASE 2, 195 NESLER ROAD) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No.G110-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (Good Shepherd Evangelical Lutheran Church Subdivision 195 Nesler Road-Phase 2) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PAB Planned Area Business District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property: The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PAB Planned Area Business District, that portion of the property legally described below identified on the attached zoning exhibit prepared by Gerald L. Heinz and Associates, Inc., dated October 12, 2004, as "Parcel 1 Requested Business District Zoning": That part of Sections 17 and 18, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest Corner of Moeller's Subdivision, a subdivision of said Section 17, and also being a point in the center line of U.S. Route 20; thence Northwesterly along said center line, DECEMBER 20, 2006 VOLUME LXXI 1198 being on a curve to the right and having a radius of 4,326.96 feet, an arc distance of 296.90 feet; (the chord of the last described curve bearing North 66 degrees 19 minutes 12 seconds West, 269.86 feet); thence North 64 degrees 58 minutes 36 seconds West along said center line, 170.08 feet for the point of beginning; thence continuing North 64 degrees 58 minutes 36 seconds West along said center line, 577.78 feet to the center line of Nesler Road; thence south 31 degrees 41 minutes 01 seconds West along said center line, 475.20 feet; thence South 64 degrees 58 minutes 43 seconds East, 265.80 feet; thence North 31 degrees 40 minutes 54 seconds East, 127.33 feet; thence South 64 degrees 58 minutes 43 seconds East 373.91 feet; thence North 21 degrees 27 minutes 30 seconds East, 346.22 feet to the point of beginning, (excepting therefrom that part of U.S. Route 20 dedicated for roadway purposes by Document Numbers 424677 and 1363891), in Elgin Township, Kane County, Illinois. Section 2. That the City Council of the City of Elgin hereby grants the PAB Planned Area Business District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PAB zoning district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting populations, subject to the provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PAB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. VOLUME LXXI DECEMBER 20, 2006 1199 F. Land Use. In this PAB zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PAB zoning district: Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the AB Area Business District: 1. Residences Division: "Upper floor apartment dwellings" [SR] (UNCL). 2. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 3. Offices Division: "Offices" [SR] (UNCL). 4. Finance, Insurance, and Real Estate Division: Check-cashing agencies (6099). "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 5. Services Division: Advertising (731). Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). "Bed and breakfast inns" [SR] (7011). Billiard parlors (7999). Bingo parlors (7999). Carpet and upholstery cleaning agents without plants on the premises (7217). Coin-operated laundries and dry cleaning (7215). Commercial, economic, sociological and educational research (8732). Commercial, physical, and biological research (8731). Computer programming, data processing and other computer- related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Dance studios and schools (791). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Fortunetellers (7999). Funeral service (726). Garment pressing, and agents for laundries and dry cleaners (7212). DECEMBER 20, 2006 VOLUME LXXI 1200 Home health care services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Membership organizations (86). Membership sports and recreation clubs (7997). Miscellaneous equipment rental and leasing (735). Miscellaneous personal services not elsewhere classified (7299). Motion picture distribution and allied services (782). Motion picture production and allied services (781). Motion picture theaters (7832). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait (722). Physical fitness facilities (7991). Pool parlors (7999). Professional sports operators and promoters (7941). Radio and television repair shops (7622). Refrigerator and air-conditioning service and repair (7623). Reupholstery and furniture repair (764). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair (763). 6. Retail Trade Division: Apparel and accessory stores (56). Automatic merchandising machine operators (5962). Building materials, hardware and garden supply (52). Carryout restaurants (5812). VOLUME LXXI DECEMBER 20, 2006 1201 Catalog and mail-order houses (5961). Convenience food stores, operated on a twenty four (24) hour basis (5411). Direct selling establishments (5963). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). Mobile home dealers (52). Motor vehicle dealers (5994). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). Tobacco stores (5993). Used building materials (5932). Used merchandise stores (593). 7. Agricultural Division: Dog grooming (0752). Farm labor and management services (076). Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). 8. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 9. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 10. Wholesale Trade Division: Apparel piece goods and notions (513). Drugs, drug proprietaries, and druggists' sundries (512). Electrical goods (506). Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). Machinery, equipment, and supplies (508). Metals and minerals, except petroleum (505). Motor vehicles and motor vehicle parts and supplies (501). DECEMBER 20, 2006 VOLUME LXXI 1202 Paper and paper products (511). Professional and commercial equipment and supplies (504). 11. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators' offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47 of this Title (UNCL). Local and suburban passenger transportation operators' offices (411). Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). 12. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Drive-through facilities" [SR], subject to the provisions of Chapter 19.45 of this Title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.47 of this Title. "Outdoor display areas" [SR] (UNCL). "Outdoor display lots" [SR] (UNCL). VOLUME LXXI DECEMBER 20, 2006 1203 "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in the AB Area Business District: 1. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Services Division: Amusement parks (7996). Arenas, sports fields, and stadiums (UNCL). Ballrooms (7911). Bowling centers (7933). "Car washes" [SR] (7542). Child daycare services (835). Coin-operated amusement establishments (7993). Dance halls (7911). Discotheques (7911). Drive-in motion picture theaters (7833). "Home child daycare services" [SR] (8351). Individual and family social services (832). Massage parlors (7299). "Motor vehicle repair shops" [SR] (753). "Motor vehicle top, body and upholstery repair shops, and paint shops" [SR] (7532). Organization hotels and lodging houses, on membership basis (704). Power laundries (7211). Recreational vehicle parks and campsites (7033). Sporting and recreational camps (7032). Steam baths (7299). Tattoo parlors (7299). "Teen clubs" [SR] (UNCL). Turkish baths (7299). 4. Retail Trade Division: DECEMBER 20, 2006 VOLUME LXXI 1204 Drive-in restaurants (5812). Firearms sales (5941). "Motor vehicle service stations" [SR] (554). "Package liquor sales establishments" [SR] (5921). Pawnshops (5932). 5. Agricultural Division: "Kennels" [SR] (0752). 6. Mining Division: "Temporary mining" [SR] (UNCL). 7. Wholesale Trade Division: Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). 8. Transportation, Communication, and Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). Heliports (458). Pipelines, except natural gas (461). Public warehousing and storage (422). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 9. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Commercial operations yards" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.55 of this Title. VOLUME LXXI DECEMBER 20, 2006 1205 Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the AB Area Business District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of the Elgin Municipal Code: 1. Services Division: Amusement and recreational services not elsewhere classified (7999). Automotive services (7549). Business services not elsewhere classified (7389). Laundry and garment services not elsewhere classified (7219). Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299). Miscellaneous repair shops and related services (769). Services not elsewhere classified (899). Social services not elsewhere classified (839). 2. Wholesale Trade Division: Miscellaneous durable goods (509). Miscellaneous nondurable goods (519). 3. Transportation, Communication, And Utilities Division: Transportation services not elsewhere classified (4789). G. Site Design. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. Prior to the development of the subject property the owner of the subject property shall be required to submit a development plan to the city for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. In addition thereto, cross easements shall be provided for access to the Van Poucke property to the east of the commercial portion of the subject property and through the church parcel for access to Nesler Road. H. Off-street Parking. In this PAB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PAB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. DECEMBER 20, 2006 VOLUME LXXI 1206 K. Amendments. In this PAB zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PAB zoning district authorize such an application. L. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. M. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. N. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. VOLUME LXXI DECEMBER 20, 2006 1207 Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G111-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (GOOD SHEPHERD EVANGELICAL LUTHERAN CHURCH SUBDIVISION, PHASE 2, 195 NESLER ROAD) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G111-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (Good Shepherd Evangelical Lutheran Church Subdivision 195 Nesler Road-Phase 2) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PCF Planned Community Facility District; and DECEMBER 20, 2006 VOLUME LXXI 1208 WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, that portion of the property legally described below identified on the attached zoning exhibit prepared by Gerald L. Heinz and Associates, Inc., dated October 12, 2004, as "Parcel 2 Requested Community Facility District”: That part of Sections 17 and 18, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of Moeller's Subdivision, a subdivision of said Section 17, and also being a point in the center line of U.S. Route 20; thence Northwesterly along said center line, being on a curve to the right and having a radius of 4,326.96 feet, an arc distance of 296.90 feet; (the chord of the last described curve bearing North 66 degrees 19 minutes 12 seconds West, 269.86 feet); thence North 64 degrees 58 minutes 36 seconds West along said center line, 170.08 feet; thence continuing North 64 degrees 58 minutes 36 seconds West a long said center line, 577.78 feet to the center line of Nesler Road; thence South 31 degrees 41 minutes 01 seconds West along said center line, 475.20 feet; for the point of beginning; thence continuing South 31 degrees 41 minutes 01 seconds West, 646.15 feet; thence South 64 degrees 58 minutes 36 seconds East, 1218.07 feet; thence North 21 degrees 24 minutes 53 seconds East along a line, if extended, would intersect the Southwest corner of Moeller's Subdivision aforesaid, a distance of 822.34 feet to a point 300.00 feet Southwesterly of said Southwest corner of Moeller's Subdivision (as measured along said extended line); thence North 67 degrees 16 minutes 47 seconds West, 439.48 feet; thence South 21 degrees 27 minutes 30 seconds West, 34.88 feet; thence North 64 degrees 58 minutes 43 seconds West, 373.91 feet; thence South 31 degrees 40 minutes 54 seconds West, 127.33 feet; thence North 64 degrees 58 minutes 43 seconds West, 265.80 feet to the point of beginning (excepting therefrom that part of U.S. Route 20 dedicated for roadway purposes by Document Numbers 424677 and 136891), in Elgin Township, Kane County, Illinois. VOLUME LXXI DECEMBER 20, 2006 1209 Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for-profit or on a not-for-profit basis. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. D. Zoning Districts - Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use of land and structures shall be in accordance with the subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PCF zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Community Facility District: Municipal Services Division. 1. "Municipal facilities" [SR] (UNCL). 2. "Public parks, recreation, open space" [SR] (UNCL). Public Administration Division. DECEMBER 20, 2006 VOLUME LXXI 1210 3. Public administration (J). 4. Justice, public order, and safety (92). Finance, Insurance, and Real Estate Division. 5. "Development sales office" [SR] (UNCL). Services Division. 9. Elementary and secondary schools (821). 10. Churches, covenants, monasteries, and temples (8661). 11. Other schools and educational services (829). 12. Museums, art galleries and botanical and zoological gardens (841). 15. Public Libraries (823). 16. Vocational Schools (824). Construction Division. 17. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 20. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 21. "Radio and television antennas" [SR] (UNCL). 22. "Satellite dish antennas" [SR] (UNCL). 23. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 25. "Fences and walls" [SR] (UNCL). 26. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 27. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 28. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 29. "Refuse collection area" [SR]. 30. "Storage Tanks" [SR] (UNCL). 31. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 32. "Temporary uses" [SR] (UNCL). 33. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 34. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Services Division. 1. Arenas, sports fields, and stadiums (UNCL). VOLUME LXXI DECEMBER 20, 2006 1211 2. Child day care services (835). 3. "Institutional child day care services" [SR] (8351). 4. Job training and vocational rehabilitation service. 5. Social services not elsewhere classified (839). 6. Sporting and recreational camps (7032). Mining Division. 10. "Temporary mining" [SR] (UNCL). Transportation, Communication and Utilities Division. 12. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 13. "Conditional Commercial Antenna Tower" [SR] (UNCL). 14. Electric power generation (UNCL). 17. Local and suburban passenger transportation operators (411). 18. Local and suburban transit and interurban highway passenger transportation facilities for passenger boarding (417). 20. "Other radio and television antennas" [SR] (UNCL). 22. "Other satellite dish antennas" [SR] (UNCL). 23. Pipelines, except natural gas (461). 27. Refuse systems (4953). 32. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 36. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 37. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 38. "Parking structures" [SR] (UNCL). 39. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 40. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 41. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PCF district, the use and development of land and structures shall be subject to the following conditions: DECEMBER 20, 2006 VOLUME LXXI 1212 1. The rooftop mounted mechanical equipment shall be screened, with a material approved by Community Development, by November 1, 2005 in accordance with ordinance requirements. 2. The development of the commercial portion of the property and any additional development of the church portion shall be subject to public hearing and City Council approval of site and building elevations. 3. Cross easement agreements shall be provided for access to the Van Poucke property to the east of the commercial portion of the subject property and through the church parcel for access to Nesler Road. 4. Substantial conformance to the approved landscape plans prepared by David F. Schultz Associates, Ltd. and dated September 9, 2003 by June 30, 2005. 5. All unpaved vehicle use areas shall either be removed or paved and striped by December 31, 2005. 6. Dedication of a 60 foot half right of way on Nesler Road and State Route 20, and a 30 foot right of way on the southern border of the property. 7. Full compliance with parking lot requirements including, but not limited to, landscaping, paving, striping, etc. The parking lot curbing at the front of the existing building and along the north and west boundaries of the existing parking lot shall be installed by December 31, 2005. Other curbing for future parking lot expansions will be installed on all sides not indicated as needed for expansion. 8. The entrances on to Nesler Road and State Route 20 shall be constructed as approved by IDOT and the City of Elgin Engineering Department. 9. Substantial conformance to the site plan prepared by David F. Schultz Associates, Ltd. and dated May 19, 2003. 10. Compliance with all applicable codes and ordinances H. Off-street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PCF zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. VOLUME LXXI DECEMBER 20, 2006 1213 J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. DECEMBER 20, 2006 VOLUME LXXI 1214 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G112-06 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G112-06 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.32.030 of the Elgin Municipal Code, 1976, as amended, entitled "Stop Intersections" be and is hereby further amended by adding the following thereto: VOLUME LXXI DECEMBER 20, 2006 1215 "Hill Avenue - Northbound - to stop for Ann Street. Hill Avenue - Southbound - to stop for Ann Street. Airlite Street - Northbound - to stop for Lin Lor Lane. Airlite Street - Southbound - to stop for Lin Lor Lane." Section 2. That Section 11.60.050O of the Elgin Municipal Code, 1976, as amended, entitled "Stopping, Standing and Parking Prohibited Where" be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050) the following thereto: "Chaparral Court - East side of the entry to Chaparral Court for a distance of 93 feet from the intersection with Chaparral Circle from November through March. Cimmaron Court - North side of the entry to Cimmaron Court for a distance of 244 feet from the intersection with Chaparral Circle from November through March." Section 3. That Section 11.60.083 of the Elgin Municipal Code, 1976, as amended, entitled "One Hour Parking Zones" be and is hereby further amended by deleting from the list the following locations: "South State Street, east side thereof, southerly from the intersection with West Chicago Street, the south Section 4. That Section 11.60.084 of the Elgin Municipal Code, 1976, as amended, entitled "Two Hour Parking Zones" be and is hereby further amended by adding the following thereto: "Municipal parking lot located at Highland Avenue and State Street, forty-three (43) spaces on the northwest corner. South State Street, east side thereof, southerly from the intersection with West Chicago Street, the southerly three (3) spaces." Section 5. That Section 11.60.130 of the Elgin Municipal Code, 1976, as amended, entitled "Parking of Commercial or Recreational Vehicles, Trailers or Truck Tractors Restricted" be and is hereby amended by amending Section 11.60.130B to read as follows: "B. No person shall park a recreational vehicle without motive power or a trailer of any kind without motive power on any public street. This restriction includes, but is not limited to, boat trailers, campers, pop ups, trailer coaches, semi-trailers, travel trailers, utility trailers, portable storage units for moving purposes (commonly known as PODS) and every other vehicle without motive power designed for carrying persons or property on its own structure which is designed or intended to be drawn by a vehicle with motive power." DECEMBER 20, 2006 VOLUME LXXI 1216 Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7. 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: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: December 22, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G113-06 PASSED ALLOCATING THE COST OF CERTAIN ROADWAY IMPROVEMENTS TO BENEFITED PROPERTY (CAPITAL STREET - ALFT LANE NORTH TO WESTFIELD DRIVE) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. G113-06 AN ORDINANCE ALLOCATING THE COST OF CERTAIN ROADWAY IMPROVEMENTS TO BENEFITED PROPERTIES (Capital Street – Alft Lane North to Westfield Drive) WHEREAS, City of Elgin, completed certain improvements for roadway purposes (Capital Street between Alft Lane and Westfield Drive, such roadway improvements are hereinafter referred to as the "Subject Improvements") and it is fair and equitable to require benefited properties to pay their fair share of the value of such construction and administration; and WHEREAS, the Subject Improvements for roadway purposes makes access to and from nearby properties and adjacent public roadways available to nearby properties and thereby benefits said properties; and VOLUME LXXI DECEMBER 20, 2006 1217 WHEREAS, it is fair and equitable to require reimbursement to the City of Elgin for a portion of the value of the Subject Improvements which benefits such properties; and WHEREAS, the City has determined that the Subject Improvements heretofore described shall benefit fourteen (14) parcels of land with a total acreage of 229.21 acres and as depicted on Exhibit A entitled “Capital Street Recapture Area”; and WHEREAS, the total costs to the City for the construction of the Subject Improvements was in the total amount of $687,435.46; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and to perform any function relating to its government and affairs; and WHEREAS, ownership and maintenance of public roadways is a function pertaining to the government and affairs of the City of Elgin; and WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of the above described Subject Improvements to properties benefited by the availability of such facilities should be computed at the rate of $3,000.00 per gross acre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That no territory described and identified herein shall be permitted to annex to the City of Elgin or obtain approval for any construction thereon from the City of Elgin, as the case may be, until such time as payment is made to the City of Elgin of an amount allocated as the fair proportionate share of the Subject Improvements as follows: Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 1 03-30-451-002 0.46 $1,380.00 Mark and Lisa Krupa 37W370 Mason Road Elgin, IL 60123 Lot 6 of Wedgewood Acres, Unit No. 1, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 2 03-30-451-003 0.46 $1,380.00 Rosalyn A. Szyjko 37W360 Mason Road Elgin, Illinois 60123 Lot 5 of Wedgewood Acres, Unit No. 1, in the Township of Dundee, Kane County, Illinois. DECEMBER 20, 2006 VOLUME LXXI 1218 Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 3 03-30-451-004 0.46 $1,380.00 William Null 37W350 Mason Road Elgin, Illinois 60123 Lot 4 of Wedgewood Acres, Unit No. 1, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 4 03-30-451-005 0.46 $1,380.00 Philip Wencik 118 Boulder Drive Lake in the Hills, Illinois 60156 Lot 3 of Wedgewood Acres, Unit No. 1, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 5 03-30-451-006 0.7 $2,100.00 Susan D. Hoyne, Revocable Trust 37W340 Mason Road Elgin, Illinois 60123 Lot 2 of Wedgewood Acres, Unit No. 1, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 6 03-30-451-007 1.5 $4,500.00 Susan D. Hoyne, Revocable Trust 37W340 Mason Road Elgin, Illinois 60123 Lot 1 of Wedgewood Acres, Unit No. 1, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 7 03-30-451-010 9.20 $27,600.00 Philip Wencik 118 Boulder Drive Lake in the Hills, Illinois 60156 That part of the southeast quarter of Section 30, Township 42 North, Range 8 East of the third principal meridian, described as follows: Beginning at the southwest corner of said southeast quarter; Thence east along the south line of said southeast quarter, 732 feet to the southwest corner of Wedgewood Acres, Unit No. 1; VOLUME LXXI DECEMBER 20, 2006 1219 Thence north 233 feet to the northwest corner of said subdivision; Thence east along the north line of said subdivision, 400 feet to the northeast corner of lot 3 of said Wedgewood Acres, Unit No. 1; Thence north along an extension of the east line of said lot 3, a distance of 132.05 feet to the southerly right of way line of the State of Illinois Northwest Toll Highway; thence northwesterly along said southerly right of way line to the west line of said southeast quarter; thence south along said west line to the point of beginning, except the following described parcels: That part of the west half of the southeast quarter of Section 30, Township 42 North, Range 8 East of the third principal meridian, described as follows: Commencing at the southwest corner of the west half of said southeast quarter; thence east along the south line of said southeast quarter, 732.0 feet to the southwest corner of Wedgewood Acres Unit No. 1, for the point of beginning; thence north along the west line of said Wedgewood Acres, 233.0 feet to the northwest corner thereof; thence west and parallel to the south line of said southeast quarter, 200.0 feet; thence south and parallel to the west line of said Wedgewood Acres, 233.0 feet to the south line of said southeast quarter; thence east along said south line, 200.0 feet to the point of beginning and also the westerly 250 feet of the southeast quarter of section 30, Township 42 North, Range 8 East of the third principal meridian, lying southerly of the southerly right of way line of the State of Illinois northwest Toll Highway, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 8 03-30-451-011 5.25 $15,750.00 Commonwealth Edison P.O. Box 767 Chicago, IL 60690 The westerly 250 feet of the southeast quarter of Section 30, Township 42 North, Range 8 East of the third principal meridian, lying southerly of the southerly right of way line of the State of Illinois Northwest Toll Highway, in the Township of Dundee, Kane County, Illinois. Property address of 37W478 Mason Road, Dundee, IL 60118. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 9 03-30-451-009 0.92 $2,760.00 Thaddeus and Theresa Ciochon 37W380 Mason Road Elgin, Illinois 60123. That part of the west half of the southeast quarter of Section 30, Township 42 North, Range 8 East of the third principal meridian, described as follows: Commencing at the southwest corner of the west half of said southeast quarter; thence east along the south line of said southeast quarter, 732.0 feet to the southwest corner of Wedgewood Acres Unit No. 1, for the point of beginning; thence north along the west line of said Wedgewood Acres, Unit No. 1, 233.0 feet DECEMBER 20, 2006 VOLUME LXXI 1220 to the northwest corner thereof; thence west and parallel to the south line of said southeast quarter, 200.0 feet; thence south and parallel to the west line of said Wedgewood Acres, 233.0 feet to the south line of said southeast quarter; thence east along said south line, 200.0 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 10 03-30-300-009 42.0 $126,000.00 Bartels Farming Corp. 13127 Stone Creek Ct. Huntley, IL 60142 That part of the east half of the southwest quarter of Section 30, Township 42 North, Range 8 East of the third principal meridian, lying south of the southerly right of way line of the State of Illinois Northwest Toll Highway, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 11 03-31-100-002 58.0 $174,000.00 Bartels Farming Corp. 13127 Stone Creek Ct. Huntley, IL 60142 The northeast quarter of the northwest quarter and the northwest quarter of the northwest quarter (except the north 10.50 chains of said northwest quarter of the northwest quarter) of Section 31, Township 42 North, Range 8 East of the third principal meridian, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 12 03-30-300-008 13.5 $40,500.00 Norwood Expo Center (William Nettleton) 2401 Tall Oaks Drive Elgin, IL 60123 That part of the west half of the southwest quarter of Section 30, Township 42 North, Range 8 East of the third principal meridian, described as follows: beginning at the southwest corner of said southwest quarter; thence northerly along the west line of the southwest quarter, 998.59 feet to the centerline of a 49.5 foot wide Badger Pipe Line Company easement, recorded April 20 1954 as document number 748740; thence southeasterly along said center line, which forms an angle of 100 degrees 30 minutes 32 seconds to the left with the prolongation of the last described course, 439.01 feet to angle in said center line; thence easterly along said centerline which forms an angle of 7 degrees 12 minutes 38 seconds to the left with the prolongation of the last described course, 65.95 to an angle in the said center line; thence southeasterly along said center line which forms and angle of 7 degrees 33 minutes 34 seconds to the right with VOLUME LXXI DECEMBER 20, 2006 1221 the prolongation of the last described course, 155.23 feet; thence southerly parallel with the west line of the southwest quarter of said Section 30, 876.63 feet to a point on the south line of said southwest quarter that is 650.0 feet east of the point of beginning; thence west along said south line, 650.0 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 13 03-30-300-007 52.8 $158,400.00 Harris Bank Barrington, Tr. 11 5530 201 S. Grove Ave. Barrington, IL 60010 THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART OF SAID SECTION 30 LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER SECTION 506.23 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 30 DEGREES 39 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 949.91 FEET TO THE EAST LINE OF THE WEST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH ALONG SAID EAST LINE 347.28 FEET FOR THE POINT OF BEGINNING OF SAID LINE; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ENGLE OF 120 DEGREES 115 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 1533.98 FEET TO THE WEST LINE OF SAID QUARTER SECTION, BEING THE TERMINATION OF SAID LINE AND ALSO EXCEPT THAT PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, 998.59 FEET TO THE CENTER LINE OF A 49.5 FOOT WIDE BADGER PIPE LINE COMPANY EASEMENT, RECORDED APRIL 20, 1954 AS DOCUMENT NUMBER 748740; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE, WHICH FORMS AN ANGLE OF 100 30 MINUTES 32 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 439.01 FEET TO ANGLE IN SAID CENTER LINE; THENCE EASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 7 DEGREES 12 MINUTES 38 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 65.95 FEET TO AN ANGEL IN SAID CENTER LINE; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGEL OF 7 DEGREES 33 MINUTES 34 SECONDS TO THE RIGHT WITH THE PROLONGATION OF DECEMBER 20, 2006 VOLUME LXXI 1222 THE LAST DESCRIBED COURSE, 155.23 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 30, 876.63 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER THAT IS 650.0 FEET EAST OF THE POINT OF BEGINNING; THENCE WEST ALONG SAID SOUTH LINE, 650.0 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF DUNDEE, AND PARTLY IN VILLAGE OF GILBERTS, KANE COUNTY, ILLINOIS. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 14 03-31-200-009 43.5 $130,500.00 Bartels Farming Corp. 13127 Stone Creek Ct. Huntley, IL 60142 THAT PART OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOW: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 957 FEET; THENCE WEST ALONG A LINE FORMING AN ANGLE OF 90 DEGREES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 62.7 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE (THIS COURSE HEREIN AFTER REFERRED TO AS LINE “A”) 2577.3 FEET TO THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH ALONG SAID WEST LINE 957 FEET TO THE NORTHWEST CORNER OF SAID QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER 1636.19 FEET TO A POINT 1003.81 FEET WEST OF SAID NORTHEAST CORNER; THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE 23 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 67 DEGREES 31 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 116.6 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 19 DEGREES 25 MINUTES TO THE RIGHT WITH THE PROLONGATION OF HE LAST DESCRIBED COURSE 830.6 FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 11 DEGREES 39 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 230.1 FEET TO A LINE DRAWN NORTHERLY FROM THE POINT OF BEGINNING, SAID LINE FORMING AN ANGLE OF 85 DEGREES 45 MINUTES MEASURED CLOCKWISE FROM LINE “A” AFORESAID; THENCE SOUTHERLY ALONG SAID LINE 218.4 FEET TO THE POINT OF BEGINNING, EXCEPT THAT EASTERLY PORTION TAKEN FOR ROADWAY RIGHT OF WAY, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. VOLUME LXXI DECEMBER 20, 2006 1223 Section 2. That any property held in common ownership with and contiguous to other property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in this ordinance. Section 3. That any person desiring to so annex or obtain construction approval may pay the amount allocated without interest if payment is made prior to June 1, 2007. If full payment is not made prior to June 1, 2007, then payment shall be made in full plus interest at the rate of seven (7%) percent per annum accruing from June 1, 2007 until the date of payment. Section 4. That a certified copy of this ordinance shall be recorded with the Recorder of Deeds of Kane County, Illinois. Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Passed: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 21, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-311 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT FOR CAPITAL BUSINESS PARK, 2451 MASON ROAD Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-311 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Capital Business Park, 2451 Mason Road) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and DECEMBER 20, 2006 VOLUME LXXI 1224 WHEREAS, said territory is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-316 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH, INC. Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI DECEMBER 20, 2006 1225 Resolution No. 06-316 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH INC. WHEREAS, DSM Desotech Inc., a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin with DSM Desotech Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-317 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-317 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS WHEREAS, Illinois Tool Works, a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and DECEMBER 20, 2006 VOLUME LXXI 1226 WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin with St. Charles Street Properties for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-318 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-318 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES WHEREAS, St. Charles Street Properties, a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the VOLUME LXXI DECEMBER 20, 2006 1227 City of Elgin with St. Charles Street Properties for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Centre Advisory Board Meeting Minutes for October 12, 2006 Elgin Area Convention & Visitors Bureau Meeting Minutes for September 12, 2006, October 10, 2006, and November 14, 2006 Heritage Commission Design Review Subcommittee Meeting Minutes for October 23, 2006, November 13, 2006, and November 27, 2006 Liquor Control Commission Meeting Minutes for September 6, October 4, 2006, October 18, 2006, and November 1, 2006 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. Mayor Schock on behalf of the City Council, wished all Elgin citizens “Happy Holidays!” DECEMBER 20, 2006 VOLUME LXXI 1228 ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. The meeting adjourned at 7:51 p.m. s/Dolonna Mecum January 10, 2007 Dolonna Mecum, City Clerk Date Approved