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HomeMy WebLinkAboutl - June 27, 2007 CC449 VOLUME LXXII JUNE 27, 2007 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on June 27, 2007, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:13 p.m. The Invocation was given by Ina Dews and the Pledge of Allegiance was led by Mayor Schock. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE JUNE 13, 2007, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve the June 13, 2007, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. COMMUNICATIONS New Citizen Recognition Dr. Sam of Elgin Community College gave a presentation advising the new citizens to take classes at ECC, take advantage of what elected officials can do, pay your taxes on time, remain law abiding, and register to vote. Two of the new citizens told of their experiences and then all of them were introduced to the Council. The Elgin Choral Union ensemble concluded the ceremony with two selections. RECOGNIZE PERSONS PRESENT Mr. Gordon Schnulle presented a $300 check in the names of David Ham, U.S. Navy, and Gordon Schnulle, U.S. Marines, to the Council for the Veterans Memorial Park. These funds were raised through a raffle of a video, “Iwo Jima – Then and Now”, that was made in conjunction with a contest at Gail Borden Library. Mr. Louis Rohling expressed his concerns about the Channing property becoming a residential development and would like to see the property remain as a park. VOLUME LXXII JUNE 27, 2007 450 Ms. Charlene Eckols introduced herself as the new president of S.W.A.N. and expressed concerns about permits being given to two smoke shops in the neighborhood. She would like the Council to look into this matter. Ms. Julie Schmitt expressed her disappointment in the presentation on the residential project for the Channing property. She would like to see the property remain a park and would like to see the incentive money put towards more deconversion efforts in the area. Mr. Todd Martin stated that he was moving into the Historic District and that he would like to see more open space such as a park. He was opposed to turning over the Channing property to a developer. Ms. Deborah Allen turned her time over to Thomas Conro. Mr. Thomas Conro announced that Unity Fest 2007 was moving forward and would be held on July 14, 2007 at Drake Field. BID 07-059 AWARDED TO SCHOOL OUTFITTERS FOR THE PURCHASE OF A PORTABLE SEATING RISER SYSTEM FOR THE ELGIN ART SHOWCASE Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to School Outfitters in the amount of $12,754.42 for the purchase of a portable seating riser system for the Elgin Art Showcase. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Walters, and Mayor Schock. Nays: None. Councilmember Steffen abstained due to a conflict of interest. BID 07-060 AWARDED TO PLOTE CONSTRUCTION FOR THE FRAZIER AVENUE LOWERING PROJECT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award Plote Construction the Frazier Avenue Lowering Project in the amount of $619,242.25. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-061 AWARDED TO TEAM REIL, INC. FOR THE CONSTRUCTION OF CHANNING AND SUMMERHILL PARK RENOVATIONS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Team REIL, Inc. in the amount of $534,361.55 for the construction of Channing and Summerhill Parks. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. JUNE 27, 2007 VOLUME LXXII 451 BID 07-073 AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF EMERGENCY MEDICAL EQUIPMENT FOR THE FIRE STATION 7 AMBULANCE AND FIRE ENGINE Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to award contracts for the purchase of emergency medical equipment for Fire Station 7 ambulance and fire engine to the following vendors: Bound Tree Medical in the amount of $8,985.42; Progressive Medical in the amount of $6,350.20; and Everdixie in the amount of $1,753.40. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT, AND AN AMENDMENT TO PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G14-04 AND TO PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G15-04, TO AMEND THE PLANNED DEVELOPMENT AND PRELIMINARY PLAN FOR TALL OAKS SUBDIVISION; REQUESTING ANNEXATION, PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND PCF PLANNED COMMUNITY FACILITY DISTRICT ZONING, AND PRELIMINARY PLAT APPROVAL FOR A RESIDENTIAL SUBDIVISION TO BE KNOWN AS TALL OAKS, UNIT 4; PROPERTY COMMONLY KNOWN AS 101 RUSSELL ROAD; BY WYNDHAM DEERPOINT HOMES, AS APPLICANT AND OWNER (103-06) Mayor Schock declared the public hearing open. Tom Armstrong reported that this First Amendment would add 101 townhomes to the project to the 305 single family homes previously approved and that the Planning & Development Commission recommended approval of this project on May 7, 2007, subject to the conditions outlined in their memorandum. Mr. Rich Gerrard of Wyndham Deerpoint Homes then gave a presentation on the project. Councilmember Kaptain questioned the status of Gansett Road. Mr. Gerrard advised the Gansett to the north has been completed and Tom Armstrong mentioned that it was open to Longcommon Parkway. Councilmember Figueroa asked how the market slowdown was affecting their sales. Mr. Gerrard indicated that a market study completed in May predicts that sales will start out slow, but will grow over time. They are confident in the market. Todd Martin, from the audience, asked about any environmental amenities that might be included in the project. Mr. Gerrard advised that an existing wetland to the north was buffered and protected. A previously farmed wetland has been brought back to a naturalized state and is now an 8 ½ acre area, a tree preservation plan is in place, and the normal erosion plan is in place. No one else chose to speak, and Mayor Schock declared the public hearing closed. VOLUME LXXII JUNE 27, 2007 452 PETITION 103-06 APPROVED REQUESTING A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT, AND AN AMENDMENT TO PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G14-04 AND TO PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G15-04, TO AMEND THE PLANNED DEVELOPMENT AND PRELIMINARY PLAN FOR TALL OAKS SUBDIVISION; REQUESTING ANNEXATION, PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND PCF PLANNED COMMUNITY FACILITY DISTRICT ZONING, AND PRELIMINARY PLAT APPROVAL FOR A RESIDENTIAL SUBDIVISION TO BE KNOWN AS TALL OAKS, UNIT 4; PROPERTY COMMONLY KNOWN AS 101 RUSSELL ROAD; BY WYNDHAM DEERPOINT HOMES, AS APPLICANT AND OWNER Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 103-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING AN ANNEXATION AGREEMENT, ANNEXATION, ZONING, AND PRELIMINARY PLAT FOR THE WESEMANN PROPERTY; PROPERTY LOCATED AT 955 MARSHALL ROAD; BY HPI ELGIN, LLC, AS APPLICANT AND OWNER (PETITION 02-07) Mayor Schock declared the public hearing open. Tom Armstrong gave a presentation and reported that the Planning & Development Commission conducted a public hearing on March 19, 2007, on this proposed annexation and recommended approval of the project subject to the conditions outlined in their memo. Attorney Tom Bernie, representing H.P.I. Elgin, the owner of the property, presented the project. This property is 78 acres and will offer only single family homes. Benefits to the City will include land set aside for the realignment of Route 20, a planned east/west collector, the rebuilding of Marshall Road, a 3.7 acre neighborhood park, and enhancements to the Plato Ditch. Councilmember Kaptain asked if the plan meets the requirements of the front loaded impact fee ordinance. Tom Armstrong indicated that it did and reviewed the ordinance for the Council. Councilmember Kaptain then asked if the fiscal impact analysis on this project took into account the front loaded impact fee and Mr. Armstrong indicated it did not. No one else chose to speak, and Mayor Schock declared the public hearing closed. JUNE 27, 2007 VOLUME LXXII 453 PETITION 02-07 APPROVED REQUESTING ANNEXATION, ZONING, AND PRELIMINARY PLAT APPROVAL FOR THE WESEMANN PROPERTY; PROPERTY LOCATED AT 955 MARSHALL ROAD; BY HPI ELGIN, LLC, AS APPLICANT AND OWNER Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 02-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING SET FOR JULY 25, 2007, REGARDING PROPOSED ANNEXATION AGREEMENT; PROPERTY COMMONLY KNOWN AS 4201 RUSSELL ROAD, BY REMINGTON HOMES, L.L.C., AS APPLICANT, DOROTHY L. GURKE, BARBARA A. MARKHAM AND DAVID L. GURKE, AS OWNERS (PETITION 27-06) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to set a public hearing date for Petition 27-06 for July 25, 2007, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING SET FOR JULY 25, 2007, REGARDING PROPOSED ANNEXATION AGREEMENT; PROPERTY COMMONLY KNOWN AS 3401 WATER ROAD; BY REMINGTON HOMES, L.L.C., AS APPLICANTS AND OWNERS (PETITION 11-07) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to set a public hearing date for Petition 11-07 for July 25, 2007, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING SET FOR JULY 25, 2007, REGARDING PROPOSED ANNEXATION AGREEMENT; PROPERTY LOCATED AT 3091 ROUTE 20; BY THE RELM GROUP, AS APPLICANT, AND J. FORD DEVELOPMENT LLC, AS OWNER (PETITION 31-07) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to set a public hearing date for Petition 31-07 for July 25, 2007, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII JUNE 27, 2007 454 RESOLUTION 07-161 ADOPTED ACCEPTING THE GRANT OF THE PALMER FOUNDATION FOR THE ELGIN ART SHOWCASE Councilmember Walters made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Walters, and Mayor Schock. Nays: None. Councilmember Steffen abstained due to a conflict of interest. Resolution No. 07-161 RESOLUTION ACCEPTING THE GRANT OF THE PALMER FOUNDATION FOR THE ELGIN ART SHOWCASE 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 accept the Palmer Foundation Grant on behalf of the City of Elgin of $21,000 for the Elgin Art Showcase, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 27, 2007 Adopted: June 27, 2007 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-162 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE FOX RIVER WATER RECLAMATION DISTRICT REGARDING A JOINT FORCE MAIN PROJECT Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. JUNE 27, 2007 VOLUME LXXII 455 Resolution No. 07-162 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE FOX RIVER WATER RECLAMATION DISTRICT REGARDING A JOINT FORCE MAIN PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement with the Fox River Water Reclamation District regarding a joint force main project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 27, 2007 Adopted: June 27, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-163 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WITH WATER STREET PLACE LLC FOR THE DEVELOPMENT OF 200 N. GROVE AVENUE Councilmember Kaptain asked about the status of the report on this project. City Manager Folarin indicated it was not completed and that was the reason for requesting the extension Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII JUNE 27, 2007 456 Resolution No. 07-163 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WITH WATER STREET PLACE LLC FOR THE DEVELOPMENT OF 200 N. GROVE AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Second Amendment to Development Agreement on behalf of the City of Elgin with Water Street Place, LLC for the development of 200 N. Grove Avenue, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 27, 2007 Adopted: June 27, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Lundstrom Insurance Agency Elgin, IL $220,367.00 Public Entity Management Liability Insurance Elgin Police Department Elgin, IL $30,455.22 Overtime reimbursement for 2 employees from January 1, 2007 through March 31, 2007 North East Multi-Regional Training North Aurora, IL $12,780.00 Training for 187 full time officers and 17 civilian employees JUNE 27, 2007 VOLUME LXXII 457 CONSENT AGENDA By unanimous consent, Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G36-07 and S9-07 and adopt Resolution Nos. 07-150 through 07-160 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-150 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR THE PURCHASE OF BATTERIES Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-150 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR THE PURCHASE OF BATTERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Motorola, Inc. for the purchase of 162 portable radio batteries, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 27, 2007 Adopted: June 27, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII JUNE 27, 2007 458 RESOLUTION 07-151 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR THE PURCHASE OF RADIOS Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-151 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR THE PURCHASE OF RADIOS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Motorola, Inc. for the purchase of mobile and portable radios and associated hardware, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 27, 2007 Adopted: June 27, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-152 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND GENDE, INC. FOR THE 2007 SANITARY SEWER MASTER PLAN Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. JUNE 27, 2007 VOLUME LXXII 459 Resolution No. 07-152 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND GENDE, INC. FOR THE 2007 SANITARY SEWER MASTER PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement with Rezek, Henry, Meisenheimer and Gende, Inc., for the 2007 sanitary sewer master plan, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 27, 2007 Adopted: June 27, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-153 ADOPTED AUTHORIZING EXECUTION OF A SUB- RECIPIENT AGREEMENT WITH THE COMMUNITY CRISIS CENTER, INC. Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-153 RESOLUTION AUTHORIZING EXECUTION OF A SUB-RECIPIENT AGREEMENT WITH THE COMMUNITY CRISIS CENTER, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Sub-recipient Agreement on behalf of the City of Elgin with the Community Crisis Center, Inc. for renovation of its facility offering temporary shelter for victims of domestic violence and/or the homeless, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII JUNE 27, 2007 460 Presented: June 27, 2007 Adopted: June 27, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-154 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE AGREEMENT WITH STANLEY CONSULTANTS, INC. FOR STREET SIGN INVENTORY AND UPGRADE PROJECT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-154 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE AGREEMENT WITH STANLEY CONSULTANTS, INC. FOR STREET SIGN INVENTORY AND UPGRADE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute Amendment No. 2 to the agreement with Stanley Consultants, Inc., for street sign inventory and upgrade project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 27, 2007 Adopted: June 27, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk JUNE 27, 2007 VOLUME LXXII 461 RESOLUTION 07-155 ADOPTED ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-155 RESOLUTION ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS WHEREAS, 820 ILCS 130/0.01 et seq. entitled "AN ACT regulating wages of laborers, mechanics, and other workers employed in any public works by the State, county, city or any public body or any political subdivision or by any one under contract for public works." requires that any public body awarding any contract for public work, or otherwise undertaking any public works as defined herein, shall ascertain the general prevailing hourly rate of wages for employees engaged in such work; and WHEREAS, said Act further provides that if the public body desires that the Department of Labor ascertain the prevailing rate of wages, it shall notify the Department of Labor to ascertain the general prevailing wage rate; and WHEREAS, at the request of the City of Elgin the Department of Labor has determined the prevailing rate of wages for construction work in Cook and Kane Counties in the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the determination of the prevailing wages as made by the Department of Labor, copies of which are attached hereto and made a part hereof by reference, are adopted by the City of Elgin. BE IT FURTHER RESOLVED that all contracts for public work of the City of Elgin shall include a stipulation to the effect that not less than the prevailing rate of wages as found by the Department of Labor shall be paid to all laborers, workers and mechanics performing work under the contract. BE IT FURTHER RESOLVED that all contract bonds for public works shall include a provision to guarantee the faithful performance of the prevailing wage clause as provided by contract. BE IT FURTHER RESOLVED that a copy of the prevailing wage rate as established by the Department of Labor shall be publicly posted and kept available for inspection by any interested party. VOLUME LXXII JUNE 27, 2007 462 BE IT FURTHER RESOLVED that nothing herein contained shall be construed to apply to the prevailing hourly rate of wages in the locality for employment other than public works construction as defined in the Act, and that the City Clerk be and is hereby authorized to file a certified copy of this resolution with the Secretary of State Index Division and the Department of Labor of the State of Illinois. s/ Ed Schock Ed Schock, Mayor Presented: June 27, 2007 Adopted: June 27, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-156 ADOPTED NAMING VARIOUS CITY PARKS Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-156 RESOLUTION NAMING VARIOUS CITY PARKS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the park located at DuPage Street and Rugby Place be and is hereby designated and named "Channing Park"; BE IT FURTHER RESOLVED that the park located at Lawrence Avenue and Jackson Street be and is hereby designated and named "Grant School Park". BE IT FURTHER RESOLVED that the park located on Willard Avenue at the former Casa Linda site be and is hereby designated and named "Prairie Park". s/ Ed Schock Ed Schock, Mayor JUNE 27, 2007 VOLUME LXXII 463 Presented: June 27, 2007 Adopted: June 27, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-157 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-157 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leon Montgomery be and is hereby reappointed as member of the Elgin Parks & Recreation Advisory Board , for a term to expire May 1, 2010. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Norm Weber be and is hereby reappointed as member of the Elgin Parks & Recreation Advisory Board , for a term to expire May 1, 2010. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Scott Palmer be and is hereby appointed as member of the Elgin Parks & Recreation Advisory Board , for a term to expire May 1, 2010. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, that Michael Powers be and is hereby appointed as a member of the Hemmens Advisory Board to fulfill the vacant Councilmember position. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII JUNE 27, 2007 464 Presented: June 27, 2007 Adopted: June 27, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-158 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (HENRIKSON AND LEDEBUHR PARCEL - 3301 ROUTE 20) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-158 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Henrikson and Ledebuhr Parcel-3301 Route 20) 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 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: JUNE 27, 2007 VOLUME LXXII 465 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: June 27, 2007 Adopted: June 27, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-159 ADOPTED APPROVING FINAL PLAT FOR PHASE FOUR OF THE EDGEWATER SUBDIVISION (2700 BOWES ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-159 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Capitani - 4300 McDonald 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 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 VOLUME LXXII JUNE 27, 2007 466 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: June 27, 2007 Adopted: June 27, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-160 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (CAPITANI - 4300 MCDONALD ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. JUNE 27, 2007 VOLUME LXXII 467 Resolution No. 07-160 RESOLUTION APPROVING FINAL PLAT FOR PHASE FOUR OF THE EDGEWATER SUBDIVISION (2700 Bowes Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Manhard Consulting Ltd. dated December 01, 2005, and last revised on March 22, 2007, for Phase Four of the Edgewater Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: June 27, 2007 Adopted: June 27, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S9-07 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (CAPITANI - 4300 MCDONALD ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. S9-07 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Capitani Parcel-4300 McDonald 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 VOLUME LXXII JUNE 27, 2007 468 WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: That part of the Southwest Quarter of Section 35, Township 41 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southeast Corner of said Southwest Quarter; Thence North along the East line of said Quarter Section 1067 feet to the Center line of an East and West Highway for the Point of Beginning; Thence North along the East line of said Quarter Section 425.23 feet; Thence Westerly along a line forming an angle of 88 Degrees 36 Minutes, measured clockwise from the last described course, 561.09 Feet; Thence Southwesterly along a line forming an angle of 98 Degrees 15 Minutes, measured clockwise from the last described course, 436.58 feet to the Center line of said East and West Highway; Thence Easterly along said Center Line 613.2 feet to the Point of Beginning; (Except that part lying Westerly of a line described: Commencing at the Northwest Corner of said Southwest Quarter; Thence South along the East line of said Quarter Section 405.24 Feet; Thence South 88 Degrees 15 Minutes West 468.6 feet for the Point of Beginning of said line; Thence South 6 Degrees 30 Minutes West to the center line of said Easterly and Westerly Highway being the Termination Point of said line); and also except that parcel taken by Kane County for road purposes as described: Commencing at the Southeast Corner of said Southwest Quarter; Thence Northerly along the East line of said Quarter 1066.59 feet to the Center line of McDonald Road for a Point of Beginning; Thence Westerly along said Center line 11.89 feet to the Center line of Corron Road; Thence Westerly along the Center line of Said McDonald Road forming an angle of 179 Degrees 02 Minutes 25 Seconds with the last described course (measured clockwise therefrom) 180.0 feet; Thence Northerly at right angles to the Center line of said McDonald Road 30.0 feet; Thence Easterly along a line forming an angle of 97 Degrees 45 Minutes 55 Seconds with the last described course (measured counter-clockwise therefrom) 111.02 feet to a point that is 45.0 feet northerly of the Center line of said McDonald Road (measured at right angles thereto); Thence Northeasterly along a line forming an angle of 145 Degrees 07 Minutes 51 Seconds with the last described course (measured clockwise therefrom) 29.12 feet to a point that is 50.0 feet Westerly of the Center line of said Corron Road (measured at right angles thereto); Thence Northerly parallel with the Center line of said Corron Road forming an angle of 133 Degrees 54 Minutes 09 Seconds with the last described JUNE 27, 2007 VOLUME LXXII 469 course (measured clockwise therefrom) 45.0 Feet; Thence Northerly along a line forming an angle of 199 Degrees 01 Minutes 32 Seconds with the last described course (measured clockwise therefrom) 61.35 Feet to a Point that is 30.0 feet Westerly of the Center line of said Corron Road (measured at right angles thereto); Thence Easterly at right angles to the Center line of said Corron Road forming an angle of 109 Degrees 01 Minutes 32 Seconds with the last described course (measured counter-clockwise therefrom) 42.67 feet to the Easterly line of said Quarter; Thence Southerly along said Easterly line forming an angle of 89 Degrees 43 Minutes 50 Seconds with the last described course (measured counter- clockwise therefrom) 166.57 Feet to the Point of Beginning), and the Right of Way of Corron Road lying East of and adjoining the previously described parcel, except the Right of Way of McDonald Road, all in the Township of Plato, Kane County, Illinois (Property commonly known as 4300 McDonald Road). Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 27, 2007 Passed: June 27, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 28, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G36-07 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (CAPITANI - 4300 MCDONALD ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII JUNE 27, 2007 470 Ordinance No. G36-07 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (Dino Capitani Property – 4300 McDonald Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a 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: That part of the Southwest Quarter of Section 35, Township 41 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Southeast Corner of said Southwest Quarter; Thence North along the East line of said Quarter Section 1067 feet to the Center line of an East and West Highway for the Point of Beginning; Thence North along the East line of said Quarter Section 425.23 feet; Thence Westerly along a line forming an angle of 88 Degrees 36 Minutes, measured clockwise from the last described course, 561.09 Feet; Thence Southwesterly along a line forming an angle of 98 Degrees 15 Minutes, measured clockwise from the last described course, 436.58 feet to the Center line of said East and West Highway; Thence Easterly along said Center Line 613.2 feet to the Point of Beginning; (Except that part lying Westerly of a line described: Commencing at the Northwest Corner of said Southwest Quarter; Thence South along the East line of said Quarter Section 405.24 Feet; Thence South 88 Degrees 15 Minutes West 468.6 feet for the Point of Beginning of said line; Thence South 6 Degrees 30 Minutes West to the center line of said Easterly and Westerly Highway being the Termination Point of said line); and also except that parcel taken by Kane County for road purposes as described: Commencing at the Southeast Corner of said Southwest Quarter; Thence Northerly along the East line of said Quarter 1066.59 feet to the Center line of McDonald Road for a Point of Beginning; Thence Westerly along said Center line JUNE 27, 2007 VOLUME LXXII 471 11.89 feet to the Center line of Corron Road; Thence Westerly along the Center line of Said McDonald Road forming an angle of 179 Degrees 02 Minutes 25 Seconds with the last described course (measured clockwise therefrom) 180.0 feet; Thence Northerly at right angles to the Center line of said McDonald Road 30.0 feet; Thence Easterly along a line forming an angle of 97 Degrees 45 Minutes 55 Seconds with the last described course (measured counter-clockwise therefrom) 111.02 feet to a point that is 45.0 feet northerly of the Center line of said McDonald Road (measured at right angles thereto); Thence Northeasterly along a line forming an angle of 145 Degrees 07 Minutes 51 Seconds with the last described course (measured clockwise therefrom) 29.12 feet to a point that is 50.0 feet Westerly of the Center line of said Corron Road (measured at right angles thereto); Thence Northerly parallel with the Center line of said Corron Road forming an angle of 133 Degrees 54 Minutes 09 Seconds with the last described course (measured clockwise therefrom) 45.0 Feet; Thence Northerly along a line forming an angle of 199 Degrees 01 Minutes 32 Seconds with the last described course (measured clockwise therefrom) 61.35 Feet to a Point that is 30.0 feet Westerly of the Center line of said Corron Road (measured at right angles thereto); Thence Easterly at right angles to the Center line of said Corron Road forming an angle of 109 Degrees 01 Minutes 32 Seconds with the last described course (measured counter-clockwise therefrom) 42.67 feet to the Easterly line of said Quarter; Thence Southerly along said Easterly line forming an angle of 89 Degrees 43 Minutes 50 Seconds with the last described course (measured counter- clockwise therefrom) 166.57 Feet to the Point of Beginning), and the Right of Way of Corron Road lying East of and adjoining the previously described parcel, except the Right of Way of McDonald Road, all in the Township of Plato, Kane County, Illinois (Property commonly known as 4300 McDonald Road). 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. VOLUME LXXII JUNE 27, 2007 472 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. 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. Offices Division: "Offices" [SR] (UNCL). 2. Finance, Insurance, and Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 3. Services Division: Advertising (731). Barbershops (724). Beauty shops (723). Coin-operated laundries and dry cleaning (7215). Commercial, economic, sociological and educational research (8732). Commercial, physical, and biological research (8731). Computer programming, data processing and other computer- related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Garment pressing, and agents for laundries and dry cleaners (7212). Home health care services (808). JUNE 27, 2007 VOLUME LXXII 473 Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Miscellaneous equipment rental and leasing (735). Miscellaneous personal services not elsewhere classified (7299). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait (722). Professional sports operators and promoters (7941). Reupholstery and furniture repair (764). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Theatrical producers (792). Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair (763). 4. Retail Trade Division: Apparel and accessory stores (56). Automatic merchandising machine operators (5962). Building materials, hardware and garden supply (52). Carryout restaurants (5812). Catalog and mail-order houses (5961). Convenience food stores, operated on a twenty four (24) hour basis (5411). Direct selling establishments (5963). 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). VOLUME LXXII JUNE 27, 2007 474 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). 5. Agricultural Division: Dog grooming (0752). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). 6. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 7. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 8 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). JUNE 27, 2007 VOLUME LXXII 475 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 on a zoning lot containing less than two (2) acres of land. 3. Services Division: Billiard parlors (7999). Bingo parlors (7999). Bowling centers (7933). Child daycare services (835). Coin-operated amusement establishments (7993). Dance halls (7911). Dance studios and schools (791). Discotheques (7911). "Home child daycare services" [SR] (8351). Membership organizations (86). Membership sports and recreation clubs (7997). Organization hotels and lodging houses, on membership basis (704). Other schools and educational services (829). Physical fitness facilities (7991). Pool parlors (7999). "Teen clubs" [SR] (UNCL). 4. Retail Trade Division: Drive-in restaurants (5812). "Package liquor sales establishments" [SR] (5921). 5. 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). "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). 6. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). VOLUME LXXII JUNE 27, 2007 476 "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. "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. 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. 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. 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 JUNE 27, 2007 VOLUME LXXII 477 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. A variation 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. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII JUNE 27, 2007 478 Presented: June 27, 2007 Passed: June 27, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 28, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. City Of Elgin Telecommunications Tax for March 2007 The Hemmens Cultural Center Advisory Board Meeting Minutes for May 10, 2007 Elgin Heritage Commission Meeting Minutes for March 6, 2007 and April 3, 2007 Committee of the Whole Minutes for May 23, 2007 City Council Minutes for May 23, 2007 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Selection of a Person to Fill a Vacant Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c) (3) of the Open Meetings Act JUNE 27, 2007 VOLUME LXXII 479 Establishment of Reserves or Settlement of Claims as Provided in the Local Governmental and Governmental Employees Tort Immunity Act - Exempt Under Section 120/2(c) (12) of the Open Meetings Act Purchase or Lease of Real Property for the Use of the Public Body - Exempt Under Section 120/2(c) (5) of the Open Meetings Act Discussion of Minutes of Meetings Lawfully Closed Under This Act - Exempt Under Section 120/2(c) 21) of the Open Meetings Act The meeting adjourned at 8:35 p.m. s/Diane Robertson July 11, 2007 Diane Robertson, City Clerk Date Approved