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HomeMy WebLinkAboutn - July 25, 2007 CC498 VOLUME LXXII JULY 25, 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 July 25, 2007, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:03 p.m. The Invocation was given by Reverend John Feldman and the Pledge of Allegiance was led by Councilmember John Walters. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE JULY 11, 2007, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the July 11, 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 Presentation Regarding 2007 Fourth of July Parade Ms. Norma Miess, on behalf of the 4th of July Parade committee, thanked the City and the citizens of Elgin for a wonderful 4th of July parade. She noted that there were 31 floats and over 30 groups that provided special entertainment including 4 marching bands and the Jesse White Tumblers. Ms. Miess announced the winners of the float contest as follows: 1st Place/Open Category – People that Make Patriotic Floats; 2nd Place/Open Category – YMCA; and 1st Place/Business Category – Spring Hill Gymnastics. Also recognized were the parade sponsors, the City of Elgin and especially Barb Keselica, Special Events Coordinator, Sherman Hospital, Mid-America Bank, Elgin Toyota, and Pulte Homes. JULY 25, 2007 VOLUME LXXII 499 Proclamation Recognizing Norma Miess Norma Miess, Executive Director of the Downtown Neighborhood Association of Elgin, was recognized for her efforts for the past six years. Ms. Miess will be leaving her position and moving to Texas in the near future. RECOGNIZE PERSONS PRESENT Judy Robnett of the Southwest Area Neighbors expressed her concerns about crime in her neighborhood. Betsy Couture, a member of the Elgin Cycling Classic committee, invited everyone to attend the Elgin Cycling Classic on August 5, 2007, beginning at 8:00 a.m. A new course has been designed which highlights the downtown and historic areas. Bike race tee shirts and hats were distributed to the Council. The City and other sponsors were thanked for their support. BID 07-069 AWARDED TO VORIS MECHANICAL FOR THE INSTALLATION OF NEW HVAC EQUIPMENT AT THE RIVERSIDE WATER TREATMENT PLANT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Boris Mechanical in the amount of $215,500 for the installation of new HVAC equipment at the Riverside Water Treatment Facility. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-083 AWARDED TO ASCHER BROTHERS COMPANY, INC. FOR THE PAINTING OF THE LOBBY OF THE HEMMENS CULTURAL CENTER Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract to Ascher Brothers Company Inc. in the amount of $127,983 for the painting of the lobby of The Hemmens Cultural Center. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING AN ANNEXATION, ZONING, AND PRELIMINARY PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS REMINGTON FIELDS SUBDIVISION; PROPERTY LOCATED AT 4201 RUSSELL ROAD, BY REMINGTON HOMES, L.L.C., AS APPLICANT, AND DOROTHY L. GURKE, BARBARA A. MARKHAM AND DAVID L. GURKE, AS OWNERS (PETITION 27-06) Mayor Schock declared the public hearing open. VOLUME LXXII JULY 25, 2007 500 Principal Planner Armstrong presented the project which will include 186 single family homes. The Planning and Development Commission has recommended approval of this project subject to the conditions outlined in the submitted memorandum. Attorney Patrick Rankin represented Remington Homes. He indicated that Remington Homes is aware of concerns expressed by the neighboring subdivision and several members of the City Council and he addressed them as follows: Item number one dealt with the two access roads between the two subdivisions. Mr. Rankin indicated that Remington Homes is willing to design the two access points such that they are gated so as not to physically connect. Item number two concerned the type of lighting. Mr. Rankin said that Remington Homes is committed to installing the same type of light standard as used in the Providence subdivision. Item three concerned the lift station and who will pay for it. Mr. Rankin indicated that Remington Homes will pay for this improvement. The last item concerned Lots 33 and 34 on the plan. These two lots are located near the wetlands and Remington has committed to not building on either of those lots. Councilmember Kaptain asked when Remington Homes had met with the Oak Ridge Farm residents and Mr. Rankin replied that this took place between the first and second Planning Commission hearings. He indicated no meetings had been held with the residents since the first of the year. A Remington Homes representative then described the two detention ponds located within the proposed subdivision. Several residents of Oak Ridge Farm subdivision then addressed the Council with their concerns regarding conservation of wetlands, connectivity of streets, and safety. Mr. Rankin then repeated Remington Homes’ desire to do whatever the City directed regarding the connectivity of the two access points between Oak Ridge Farm and the proposed subdivision. Discussion regarding different types of gates or landscape barriers then took place. Council was advised by a staff member of the Fire Department that a fire engine weighs approximately 76,000 pounds and that driving through a grassy area during the winter or during a wet season could be difficult. Councilmember Figueroa asked who would maintain the gate, if one were installed. Mr. Rankin replied that would be either the City or the homeowners’ association, depending on the covenants of the agreement. JULY 25, 2007 VOLUME LXXII 501 Mr. Armstrong discussed the City’s policy on access. He also stated that Russell Road is a Kane County Highway and access to this is subject to an agreement with Kane County Department of Transportation. Mayor Schock declared the public hearing closed. PETITION 27-06 REQUESTING AN ANNEXATION, ZONING, AND PRELIMINARY PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS REMINGTON FIELDS SUBDIVISION; PROPERTY LOCATED AT 4201 RUSSELL ROAD, BY REMINGTON HOMES, L.L.C., AS APPLICANT, AND DOROTHY L. GURKE, BARBARA A. MARKHAM AND DAVID L. GURKE, AS OWNERS Principal Planner Armstrong presented the petition subject to the just completed public hearing. Councilmember Figueroa made a motion, seconded by Councilmember Powers, to approve Petition 27-06 subject to conditions including the non-development of Lots 33 and 34, and the installation of decorative gates or collapsible bollards at the connections to Longview and Greenview Lanes. The type of barrier is to be decided by a representative from the Oak Ridge Farm Homeowner’s Association, a City Staff member, and a representative of Remington Homes. If, at a future date, the gate is to be removed, both neighborhoods are to be properly consulted. Councilmember Kaptain stated he would not support the proposal because of the lack of continuity of growth and the necessity of the sewer pump station. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Powers, Steffen, Walters, and Mayor Schock. Nays: Councilmember Kaptain. PUBLIC HEARING REGARDING AN AMENDMENT TO AN ANNEXATION AGREEMENT AND AN AMENDMENT TO ORDINANCE NO. G37-04 ENTITLED PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ZONING, TO PERMIT PORTIONS OF BUILDINGS TO EXTEND INTO THE REQUIRED REAR YARD SETBACK, FOR THE RESIDENTIAL SUBDIVISION KNOWN AS REMINGTON MEADOWS SUBDIVISION; PROPERTY LOCATED AT 3401 WATER ROAD, BY REMINGTON HOMES AS APPLICANTS AND OWNERS (PETITION 11-07) Mayor Schock declared the public hearing open. Principal Planner Armstrong introduced the amendment requested by Remington Homes. They would like to include some ranch model homes in addition to the other homes that are currently available in the Remington Woods subdivision. The Planning and Development Commission recommended approval of this request subject to the conditions outlined in the memorandum. Patrick Rankin, attorney for Remington Homes, indicated that the developer would like to have the opportunity to offer the ranch-style homes on Lots 260 through 285. Mayor Schock declared the public hearing closed. VOLUME LXXII JULY 25, 2007 502 PETITION 11-07 APPROVED REQUESTING AN ANNEXATION AGREEMENT AND AN AMENDMENT TO ORDINANCE NO. G37-04 ENTITLED PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ZONING, TO PERMIT PORTIONS OF BUILDINGS TO EXTEND INTO THE REQUIRED REAR YARD SETBACK, FOR THE RESIDENTIAL SUBDIVISION KNOWN AS REMINGTON MEADOWS SUBDIVISION; PROPERTY LOCATED AT 3401 WATER ROAD, BY REMINGTON HOMES AS APPLICANTS AND OWNERS Principal Planner Armstrong presented the petition. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 11-07 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 AND PAB PLANNED AREA BUSINESS DISTRICT ZONING APPROVAL TO PERMIT THE CONSTRUCTION OF A COMMERCIAL RETAIL CENTER IN AN ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 3091 ROUTE 20 BY THE RELM GROUP, AS APPLICANT, AND G4 DEVELOPMENT, LLC, AS OWNER (PETITION 31-07) Mayor Schock declared the public hearing open. Principal Planner Armstrong introduced the petition for the development of a 24,000 square foot commercial building. The Planning and Development Commission recommended approval of this petition subject to conditions. Attorney Richard Heimberg represented the developer, G4 Development, L.L.C. Mr. Heimberg described the project and answered questions about access to the property from Route 20 and the adjoining property. Mayor Schock declared the public hearing closed. PETITION 31-07 APPROVED REQUESTING ANNEXATION AND PAB PLANNED AREA BUSINESS DISTRICT ZONING APPROVAL TO PERMIT THE CONSTRUCTION OF A COMMERCIAL RETAIL CENTER IN AN ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 3091 ROUTE 20 BY THE RELM GROUP, AS APPLICANT, AND G4 DEVELOPMENT, LLC, AS OWNER Principal Planner Armstrong presented the petition. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 31-07 subject to conditions. Mayor Schock asked that staff review the plans for the JULY 25, 2007 VOLUME LXXII 503 awnings of the various windows and doors and confirm that they are of varying colors, heights, and materials. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-189 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH G4 ELGIN L.L.C. (A/K/A RELM GROUP) (3091 ROUTE 20) Councilmember Kaptain 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. Resolution No. 07-189 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH G4 ELGIN, L.L.C. (a/k/a RELM GROUP) (3091 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: 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. VOLUME LXXII JULY 25, 2007 504 Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Adopted: July 25, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S11-07 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (3091 ROUTE 20) Councilmember Walters 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. S11-07 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (3091 Route 20) 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: JULY 25, 2007 VOLUME LXXII 505 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: Part of the Northwest Quarter of Section 17 and the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Southwesterly corner of Lot 10 of Hidden Hill Subdivision as recorded January 22, 1980 as Document No. 1534098; thence South 22 degrees 08 minutes 55 seconds West, along the West line of aforesaid Hidden Hills Subdivision extended Southwesterly, a distance of 249.51 feet to the center line of State Road (U.S. No. 20) for the place of beginning; thence South 21 degrees 59 minutes 34 seconds West, as monumented, a distance of 297.85 feet; thence North 66 degrees 05 minutes 44 seconds West, as monumented, a distance of 439.79 feet; thence North 22 degrees 07 minutes 47 seconds East, as monumented, a distance of 311.39 feet to the center line of aforesaid state road (U.S. No. 20); thence South 64 degrees 18 minutes 32 seconds East, along the center line of said State Road, a distance of 236.54 feet; thence Southeasterly along said center line, being along a curve to the left, having a radius of 3211.36 feet and being tangent to the last described course, a distance of 203.50 feet to the place of beginning, in Elgin Township, Kane County, Illinois. Except therefrom that portion described as follows: Beginning at a P.K. nail at the Southwest corner of Moeller’s Subdivision per Document Number 1055792 also being a point on the center line of U.S. Route 20; thence on an assumed bearing South 20 degrees 54 minutes 51 seconds West 44.80 feet; thence Northwest 202.24 feet along a curve to the right, having a radius of 3247.35 feet (chord bears North 67 degrees 19 minutes 41 seconds West 202.21 feet); thence North 65 degrees 32 minutes 38 seconds West 237.54 feet; thence North 20 degrees 57 minutes 21 seconds East 44.61 feet to said center line of U.S. Route 20; thence South 65 degrees 27 minutes 12 seconds East 211.72 feet to a point on said center line; thence Southeast 228.05 feet on a curve to the left, having a radius of 3325.00 feet (chord bears South 67 degrees 20 minutes 05 seconds East 228.00 feet) on said centerline to the point of beginning as deed to the State of Illinois Department of Transportation in Kane County, Illinois. Pursuant to Article 7 Section 5/7-1-1 of the Illinois Municipal Code (65 ILCS 5/7- 1-1 annexation of contiguous territory) the new boundary of the territory to be annexed shall extend to the far side of any adjacent roadway and shall include all of every roadway within the area to be annexed, therefore, for this annexation, the area to be annexed shall extend to the northerly side of U.S. Route 20. 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. VOLUME LXXII JULY 25, 2007 506 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: July 25, 2007 Passed: July 25, 2007 Vote: Yeas: 7 Nays: 0 Recorded: July 26, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G40-07 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (3091 ROUTE 20) Councilmember Walters made a motion, seconded by Councilmember Gilliam, 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. G40-07 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (3091 Route 20) 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. JULY 25, 2007 VOLUME LXXII 507 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: Part of the Northwest Quarter of Section 17 and the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Southwesterly Corner of Lot 10 of Hidden Hill Subdivision as Recorded January 22, 1980 as Document No. 1534098; Thence South 22 Degrees 08 Minutes 55 Seconds West, Along the West Line of Aforesaid Hidden Hills Subdivision Extended Southwesterly, a Distance of 249.51 Feet to the Center Line of State Road (U.S. No. 20) for the Place of Beginning; Thence South 21 Degrees 59 Minutes 34 Seconds West, as Monumented, a Distance of 297.85 Feet; Thence North 66 Degrees 05 Minutes 44 Seconds West, as Monumented, a Distance of 439.79 Feet; Thence North 22 Degrees 07 Minutes 47 Seconds East, as Monumented, a Distance of 311.39 Feet to the Center Line of Aforesaid State Road (U.S. No. 20); Thence South 64 Degrees 18 Minutes 32 Seconds East, Along the Center Line of Said State Road, a Distance of 236.54 Feet; Thence Southeasterly Along Said Center Line, Being Along a Curve to the Left, Having a Radius of 3211.36 Feet and Being Tangent to the Last Described Course, a Distance of 203.50 Feet to the Place of Beginning, in Elgin Township, Kane County, Illinois. Except Therefrom that Portion Described as Follows: Beginning at a P.K. Nail at the Southwest Corner of Moeller’s Subdivision per Document Number 1055792 also Being a Point on the Centerline of U.S. Route 20; Thence on an Assumed Bearing South 20 Degrees 54 Minutes 51 Seconds West 44.80 Feet; Thence Northwest 202.24 Feet Along a Curve to the Right, Having a Radius of 3247.35 Feet (Chord Bears North 67 Degrees 19 Minutes 41 Seconds West 202.21 Feet); Thence North 65 Degrees 32 Minutes 38 Seconds West 237.54 Feet; Thence North 20 Degrees 57 Minutes 21 Seconds East 44.61 Feet to Said Centerline of U.S. Route 20; Thence South 65 Degrees 27 Minutes 12 Seconds East 211.72 Feet to a Point on Said Centerline; Thence Southeast 228.05 Feet on a Curve to the Left, Having a Radius of 3325.00 Feet (Chord Bears South 67 Degrees 20 Minutes 05 Seconds East 228.00 Feet) on Said Centerline to the Point of Beginning, as Deed to the State of Illinois Department of Transportation, in Kane County, Illinois (Property Commonly Known as 3091 Route 20). 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: VOLUME LXXII JULY 25, 2007 508 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. 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: 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). JULY 25, 2007 VOLUME LXXII 509 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). Job training and vocational rehabilitation services (833). 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 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). Photofinishing laboratories (7384). Photographic studios, portrait (722). Professional sports operators and promoters (7941). 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). Building materials, hardware and garden supply (52). Carryout restaurants (5812). VOLUME LXXII JULY 25, 2007 510 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). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). Tobacco stores (5993). 5. Agricultural Division: Dog grooming (0752). Landscape counseling and planning (0781). 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). JULY 25, 2007 VOLUME LXXII 511 "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). 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: Bowling centers (7933). Child daycare services (835). Dance halls (7911). "Home child daycare services" [SR] (8351). Membership organizations (86). Membership sports and recreation clubs (7997). Other schools and educational services (829). Physical fitness facilities (7991). 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). 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 JULY 25, 2007 512 "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 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. In this PAB District, the use and development of land and structures shall be according to the above with the exception as listed below: Section 19.35.435 (E;2;b) Vehicle Use Area Interior Setbacks. Setbacks by Lot Line: In this PAB Zoning District, the minimum required "vehicle use area setback" [SR] from the south interior lot line shall be as follows: b. Vehicle Use Area Setbacks: Interior Setback: The minimum required vehicle use area setback from the south interior lot line shall be one (1) foot. In this PAB District, the use and development of land and structures shall be subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Richard L. Heimberg, Esq., dated received February 13, 2007. 2. Substantial conformance to the concept site plan, prepared by Jacob & Hefner Associates, P.C., dated last revised June 4, 2007. 3. Substantial conformance to the proposed Building Elevation Plans, prepared by W. Lloyd Christoph & Associates, LTD., dated received June 8, 2007. The color tones of the building must be approved by the Community Development Group. JULY 25, 2007 VOLUME LXXII 513 4. Substantial conformance to the proposed Floor Plans, prepared by W. Lloyd Christoph & Associates, LTD., dated received June 8, 2007. 5. Substantial conformance to the proposed Landscape Plan, prepared by David McCallium Associates, INC., dated last revised June 6, 2007. 6. The color and design of the 8 foot transition fence along the east lot line must be approved by the Development Administrator. 7. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 8. Access easement and parking lot easement must be provided to allow shared access and parking lot interconnections between the subject property and the property to the west. Copies of these easement agreements will need to be submitted to the Community Development Department prior to the issuance of building permits. 9. Compliance with the Kane County and City of Elgin storm water control ordinances. 10. Compliance with all applicable codes and ordinances. 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. Graphics. 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. 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, as may be amended from time to time. 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 VOLUME LXXII JULY 25, 2007 514 district and without necessitating that all other property owners 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, as may be amended from time to time. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners 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, as may be amended from time to time. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners authorize such an application. 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. P. 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. Q. 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. R. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the contrary in this ordinance, the use and the development of the subject property in this PAB zoning district shall also be subject to the regulations of the ARC Arterial Road Corridor Overlay District. In the event of any conflict between the regulations in the ARC Arterial Road Corridor Overlay District and other provisions of this ordinance, the regulations of the ARC Arterial Road Corridor Overlay District shall control. JULY 25, 2007 VOLUME LXXII 515 Section 3. That this ordinance shall be in full force and effect immediately after the passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Passed: July 25, 2007 Vote: Yeas: 7 Nays: 0 Recorded: July 26, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G41-07 PASSED AMENDING CHAPTER 11.40, ENTITLED “SPECIAL STOPS REQUIRED; MISCELLANEOUS RULES OF THE ROAD” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Kaptain made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: Councilmember Figueroa. Ordinance No. G41-07 AN ORDINANCE AMENDING CHAPTER 11.40, ENTITLED “SPECIAL STOPS REQUIRED; MISCELLANEOUS RULES OF THE ROAD” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City Council of the City of Elgin finds that using motor vehicles in the commission of offenses relating to driving under the influence of alcohol or drugs, driving on a suspended or revoked license, driving without having been issued a valid license, and operating an excessively loud sound amplification system while driving a motor vehicle, create public nuisances which endanger the physical and emotional health and well-being of the community, and in other respects reduce the quality of the city’s living environment; and WHEREAS, Section 11-60-2 of the Illinois Municipal Code (65 ILCS 5/11-60-2) provides that the corporate authorities of each municipality may define, prevent and abate nuisances; and VOLUME LXXII JULY 25, 2007 516 WHEREAS, the City Council of the City finds and declares that using motor vehicles in the commission of offenses relating to driving under the influence of alcohol or drugs, driving on a suspended or revoked license, and driving without having been issued a valid license constitute public nuisances; and WHEREAS, Section 11-5-2 of the Illinois Municipal Code (65 ILCS 5/11-5-2) provides in part that the corporate authorities of each municipality may prevent noises in any public or private place; and WHEREAS, the City Council of the City finds and declares that operating excessively loud sound amplification system while driving a motor vehicle constitutes a public nuisance; and WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois constitution; and WHEREAS, the City of Elgin as a home rule unit, may exercise any power and perform any function relating to its government and affairs; and WHEREAS, the prevention and enforcement of offenses involving the use of motor vehicles to drive under the influence of alcohol or drugs, drive on a suspended or revoked license, drive without having been issued a valid license, and operate an excessively loud sound amplification system while driving a motor vehicle pertain to the government and affairs of the City of Elgin; and WHEREAS, the City Council of the City of Elgin finds and declares that motor vehicles used in the commission of offenses relating to driving under the influence of alcohol or drugs, driving on a suspended or revoked license, driving without having been issued a valid license, and operating an excessively loud sound amplification system while driving a motor vehicle should be made subject to seizure and impoundment and the payment of an administrative penalty, and that such seizures and impoundments are not intended to be conducted pursuant to the police department’s community caretaking functions, but rather for the purpose of deterring and abating such offensive conduct by motor vehicle operators and motor vehicle owners. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Incorporation of Recitals. The foregoing recitals are substantive and are hereby incorporated in this ordinance as though fully set forth herein. Section 2. That Section 11.40.095 of the Elgin Municipal Code, 1976, as amended, entitled “Sound Amplification Devices” be and is hereby further amended to read as follows: 11.40.095: VEHICLE SEIZURE AND IMPOUNDMENT: A. A motor vehicle, operated with the permission, express or implied, of the owner of record of that motor vehicle, that is used in connection with the following JULY 25, 2007 VOLUME LXXII 517 violations, shall be liable to the city for an administrative penalty in an amount not to exceed two hundred fifty dollars ($250.00), in addition to any towing and storage fees as hereinafter provided. 1. Driving while the driver’s license, permit or privilege to operate a motor vehicle is suspended or revoked, in violation of Section 6-303 of the Illinois Vehicle Code (625 ILCS 5/6-303), as amended, pursuant to Illinois secretary of state action. 2. Driving under the influence of alcohol, drugs or intoxicating compounds, or any combination thereof, in violation of section 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501), as amended. 3. Operating a motor vehicle without having ever been issued a driver’s license or permit, in violation of section 6-101 of the Illinois Vehicle Code (625 ILCS 5/6- 101), as amended. 4. Operating or permitting the operation of any sound amplification system located in a motor vehicle when the sound amplification system can be heard outside the motor vehicle from seventy five (75) or more feet when the motor vehicle is being operated upon a street, highway or roadway unless such system is being operated to request assistance or warn of a hazardous situation. This subsection shall not apply to authorized emergency vehicles. B. The applicability of this section and the fees for towing and storing a vehicle under this section shall be as follows: 1. This section shall not replace or otherwise abrogate any existing state or federal laws or city ordinances pertaining to vehicle seizure and impoundment, and these penalties shall be in addition to any penalties that may be assessed by a court for any criminal damages. 2. This section shall not apply if the motor vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within twenty-four (24) hours after the theft was discovered. 3. Fees for towing and storage of a motor vehicle under this section shall not exceed those approved by the city manager or chief of police for all towers authorized to tow motor vehicles for the police department. C. A motor vehicle that is used in the violation of subsection A of this section shall be subject to seizure and impoundment under this section. The owner of record of such vehicle shall be liable to the city for a penalty of two hundred fifty dollars ($250.00) in addition to fees for the towing and storage of the vehicle. For the purposes of this section, the “owner of record” of a motor vehicle is the record title holder as registered with the secretary of state. VOLUME LXXII JULY 25, 2007 518 1. Whenever a police officer has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the motor vehicle to a facility controlled by the city or its agents. When the motor vehicle is towed, the police officer shall notify the person who is found to be in control of the motor vehicle at the time of the alleged violations, if there is such a person, of the fact of the seizure and of the motor vehicle owner's right to request a preliminary hearing to be conducted under this section. 2. Whenever the owner of a motor vehicle seized pursuant to this section requests a preliminary hearing within twelve (12) hours after the seizure, a deputy police chief of the city or his designee shall conduct such preliminary hearing within twenty four (24) hours after the seizure, excluding Sundays and holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing. If, after the hearing, the deputy police chief or his designee determines that there is probable cause to believe that the motor vehicle was used in the violation of subsection A of this section he shall order the continued impoundment of the motor vehicle as provided in this section unless the owner of the vehicle posts with the city a cash bond in the amount of two hundred fifty dollars ($250.00) plus fees for towing and storing the motor vehicle. If the deputy police chief or his designee determines that there is no such probable cause, the motor vehicle will be returned without penalty or other fees. 3. Within ten (10) days after a motor vehicle is seized and impounded pursuant to this section, the city shall notify by personal service or by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be scheduled and held, unless continued by order of the court or hearing officer, not less than fifteen (15) days and not more than forty five (45) days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If after a hearing, it is determined by a preponderance of evidence that the motor vehicle was used in the commission of any of the violations described in subsection A of this section the motor vehicle shall continue to be impounded until the owner pays a penalty of two hundred fifty dollars ($250.00) plus fees for towing and storage of the motor vehicle. The penalty and fees shall be a debt due and owing the city. However, if a cash bond has been posted the bond shall be applied to the penalty. If it is determined at a hearing that the motor vehicle was not used in such a violation, the vehicle or cash bond shall be returned without penalty or other fees. Notwithstanding any other provision of this section, whenever a person with a lien of record against a motor vehicle impounded under this section has commenced foreclosure proceedings, possession of the motor vehicle shall be given to that person if he agrees in writing to refund to the city the net proceeds of any foreclosure sale, less any amount necessary to pay all lien JULY 25, 2007 VOLUME LXXII 519 holders of record, up to the total amount of penalties imposed under this subsection C. 4. Any motor vehicle that is not reclaimed within thirty (30) days after the expiration of the time during which the owner of record may seek judicial review of the city's action under this section, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an unclaimed motor vehicle as provided by law. Section 3. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included Section 4. That all ordinances or 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 upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Passed: July 25, 2007 Vote: Yeas: 7 Nays: 0 Recorded: July 26, 2007 Published: July 27, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII JULY 25, 2007 520 RESOLUTION 07-190 ADOPTED AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE ELGIN PUERTO RICAN HERITAGE ORGANIZATION (PUERTO RICAN WEEK ACTIVITIES) Councilmember Walters made a motion, seconded by Councilmember Powers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Councilmember Figueroa abstained due to a conflict of interest. Resolution No. 07-190 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE ELGIN PUERTO RICAN HERITAGE ORGANIZATION (Puerto Rican Week Activities) 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 Special Event Co-sponsorship Agreement on behalf of the City of Elgin with the Elgin Puerto Rican Heritage Organization for activities related to Puerto Rican Week to be held August 5 -11, 2007, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Adopted: July 25, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-191 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH LAND VISION, INC. Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. JULY 25, 2007 VOLUME LXXII 521 Resolution No. 07-191 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH LAND VISION 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 an Amendment Agreement with Land Vision, Inc. on behalf of the City of Elgin for professional services in connection with an engineering and land management plan for development between Grove Avenue and the Fox River, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Adopted: July 25, 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 Badger Meter Milwaukee, WI $61,459.25 Water Meters throughout the City CONSENT AGENDA By unanimous consent, Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. G37-07 through G43-07 (except Ordinance Nos. G40-07 and G41-07 passed above) and Ordinance No. S10-07, as well as adopt Resolution Nos. 07-182 through 07-192 (except 07-189 through 07-191 adopted above) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII JULY 25, 2007 522 RESOLUTION 07-182 ADOPTED AUTHORIZING EXECUTION OF A CONTRACT EXTENSION AGREEMENT WITH MEADE ELECTRIC COMPANY, INC. FOR TRAFFIC SIGNAL MAINTENANCE 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. Resolution No. 07-182 RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT EXTENSION AGREEMENT WITH MEADE ELECTRIC COMPANY, INC. FOR TRAFFIC SIGNAL MAINTENANCE 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 a contract extension agreement on behalf of the City of Elgin with Meade Electric Company, Inc. for traffic signal maintenance, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Adopted: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-183 ADOPTED AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH MELANIPHY & ASSOCIATES, INC. REGARDING THE CITY’S STUDY OF A COMPREHENSIVE RETAIL PLAN 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. JULY 25, 2007 VOLUME LXXII 523 Resolution No. 07-183 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MELANIPHY & ASSOCIATES, INC. FOR PROFESSIONAL SERVICES REGARDING THE CITY'S STUDY OF A COMPREHENSIVE RETAIL 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 on behalf of the City of Elgin with Melaniphy & Associates, Inc. for professional services regarding the city's study of a comprehensive retail plan, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Adopted: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-184 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN PROUD AND BEAUTIFUL, INC. 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. Resolution No. 07-184 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN PROUD AND BEAUTIFUL, INC. 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 a Purchase of Service Agreement on behalf of the City of Elgin with Elgin Proud and Beautiful, Inc. for the promotion of beautification, litter prevention, waste reduction and recycling, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII JULY 25, 2007 524 Presented: July 25, 2007 Adopted: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-185 ADOPTED AUTHORIZING EXECUTION OF A RIGHT OF WAY ENCROACHMENT LICENSE AGREEMENT WITH THE SHADOW HILL HOMEOWNERS ASSOCIATION, INC. 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. Resolution No. 07-185 RESOLUTION AUTHORIZING EXECUTION OF A RIGHT OF WAY ENCROACHMENT LICENSE AGREEMENT WITH SHADOW HILL HOMEOWNERS ASSOCIATION, INC. 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 a right of way encroachment license agreement on behalf of the City of Elgin for construction, maintenance and repair of a private irrigation system within the South Street public right of way, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Adopted: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk JULY 25, 2007 VOLUME LXXII 525 RESOLUTION 07-186 ADOPTED ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN TRIUMPH SUBDIVISION 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. Resolution No. 07-186 RESOLUTION ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN TRIUMPH SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for maintenance the public improvements, which include water main, storm sewer, sanitary sewer, streets, sidewalks and street lights in Triumph Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Adopted: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-187 ADOPTED AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH CITADEL COMMUNICATIONS, INC. FOR HEMMENS PERFORMANCES 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. VOLUME LXXII JULY 25, 2007 526 Resolution No. 07-187 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH CITADEL COMMUNICATIONS, INC. FOR HEMMENS PERFORMANCES 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 a promotional agreement on behalf of the City of Elgin with Citadel Communications, Inc. (formerly ABC Chicago FM Radio, Inc.) for Hemmens performances by Herman’s Hermits, 1964-The Tribute, Davy Jones, The Ides of March and Jerry Stiller, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Adopted: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-188 ADOPTED AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH PADDOCK PUBLICATIONS, INC. FOR THE HEMMENS 2007-2008 PERFORMING ARTS SEASON 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. Resolution No. 07-188 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH PADDOCK PUBLICATIONS, INC. FOR THE HEMMENS 2007-2008 PERFORMING ARTS SEASON 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 a promotional agreement on behalf of the City of Elgin with Paddock Publication, Inc. for Hemmens 2007-2008 Performing Arts Season, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor JULY 25, 2007 VOLUME LXXII 527 Presented: July 25, 2007 Adopted: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G37-07 PASSED GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE AB AREA BUSINESS DISTRICT (1015 NORTH RANDALL ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, 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. G37-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE AB AREA BUSINESS DISTRICT (1015 North Randall Road) WHEREAS, written application has been made requesting conditional use approval for a package liquor sales establishment in the AB Area Business District; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated July 5, 2007, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit the establishment of a package liquor sales establishment in the AB Area Business District at 1015 North Randall Road and legally described as follows: VOLUME LXXII JULY 25, 2007 528 The Southerly 194.50 feet of Lot 573, as measured along the Easterly Line thereof, the Southerly 194.50 feet of Lots 574 through 577, inclusive, and the Southerly 194.50 feet of the Westerly 18.30 feet of Lot 578, also part of Lots 569 thorough 572, inclusive, described as follows: beginning at the Southeast corner of Lot 572; thence North 69 degrees 26 minutes 25 seconds West, along the Southerly line of said Lot 572, a distance of 234.00 feet to a line that is parallel with the Easterly line of Lots 570 through 572, inclusive, thence North 20 degrees 33 minutes 35 seconds East, a distance of 158.50 feet to a line that is 17.20 feet, measured at right angles, Southerly and parallel with the Northerly line of said Lot 570; thence South 69 degrees 26 minutes 25 seconds East, along said parallel line, a distance of 103.87 feet to a line that is 130.13 feet, measured at right angles, westerly and parallel with the Easterly line of said Lot 570; thence North 20 degrees 33 minutes 35 seconds East, along said parallel line, a distance of 18.50 feet to a line that is 1.30 feet, measured at right angles, Northerly and parallel with said northerly line of Lot 570; thence South 69 degrees 26 minutes 25 seconds East, along said parallel line, a distance of 130.13 feet to the Easterly line of said Lot 569; thence South 20 degrees 33 minutes 35 seconds West, along said Easterly line of Lots 569 through 572, a distance of 177.00 feet to the point of beginning, containing 93,138.50 S.F. more or less, all being in Valley Creek Unit No. 15, being a resubdivision of Lots 565 and 566 of Valley Creek Unit No. 14, being a subdivision of part of Section 9, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 1015 North Randall Road). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted by William Chesbrough, dated received February 24, 2007. 2. Substantial conformance to the Building Elevation Plan and Floor Plan, prepared by John Y. Kim & Associates, Inc., dated January 24, 2007. 3. Substantial conformance to the Landscape Plan, prepared by All Seasons Landscape, Inc., dated received June 12, 2007. 4. The vehicle use area should be repaired, seal coated and striped prior to the issuance of an occupancy permit. 5. The refuse collection area must meet the requirements of the Elgin Municipal Code prior to the issuance of an occupancy permit. 6. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 7. Compliance with all applicable codes and ordinances. JULY 25, 2007 VOLUME LXXII 529 Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Passed: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 26, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G38-07 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, 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. G38-07 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled, “License Classes; Fees,” to amend subsection J to read as follows: J. Class G: For the retail sale of alcoholic liquors in buildings of golf courses owned by the city in connection with the operation of an established food serving facility during times when food is dispensed for consumption upon the premises. Also for the retail sale and consumption of alcoholic liquor by the city to daily fee VOLUME LXXII JULY 25, 2007 530 customers and pass holders playing golf at the city-owned The Highlands of Elgin and Bowes Creek golf courses and their attendant facilities, notwithstanding the prohibitions regarding the possession and consumption of alcoholic liquors in parks as provided by subsection 6.06.150B of this chapter, subsection 12.08.010I of this code or other provisions of this code. The license fee per year for operation by the city is no fee and operation by independent contractor is one thousand dollars ($1,000.00). Section 2. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled, “License Classes; Fees,” to amend subsection K to read as follows: K. Class H: For the retail sale of alcoholic liquor by churches, schools or not for profit fraternal organizations or corporations on the licensee's premises solely for the promotion of some object other than the sale or consumption of alcoholic liquors; expressly providing, however, that no license shall be issued to any such licensee for more than three (3) consecutive days nor for more than six (6) days total in any calendar year. The term "premises" shall include any adjoining open area utilized in conjunction with the licensee's principal establishment. The license fee for each period is twenty five dollars ($25.00). Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled, “License Classes; Fees,” to amend subsection N to read as follows: N. Class K: For retail sales of alcoholic liquor in conjunction with events at and upon the premises of city-owned property, including without limitation, the Hemmens Auditorium, The Centre of Elgin, the Elgin Sports Complex, Walton Island and Festival Park, or any premises being leased by the city, including without limitation, the Elgin Art Showcase, for consumption on the premises only, notwithstanding the prohibitions regarding the consumption of alcoholic liquor on any public property or park as provided by subsection 6.06.150B of this chapter, subsection 12.08.010I of this code or other provisions of this code. The term "premises" shall include any adjoining open area utilized in conjunction with the licensee's principal establishment. There shall be no annual fee for such license when the city is the licensee. When the licensee is an independent contractor, the annual fee for such license shall be one hundred dollars ($100.00). Section 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled, “License Classes; Fees,” to delete subsection O in its entirety. Section 5. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled, “License Classes; Fees,” to create the following new subsection to read as follows: JULY 25, 2007 VOLUME LXXII 531 Class K-1: For retail sale of alcoholic liquor during special events upon the premises of city-owned property, including without limitation, the Hemmens Auditorium, The Centre of Elgin, the Elgin Sports Complex, Walton Island and Festival Park, or any premises being leased by the city, including without limitation, the Elgin Art Showcase, for consumption on the premises only, notwithstanding the prohibitions regarding the consumption of alcoholic liquor on any public property or park as provided by subsection 6.06.150B of this chapter, subsection 12.08.010I of this code or other provisions of this code. No license shall be issued for any such special event unless the city is serving as the sponsor of the event, a co-sponsor of the event or is otherwise expressly permitting the special event to be conducted upon the premises of city-owned property or any premises being leased by the city. The term "premises" shall include any adjoining open area utilized in conjunction with the licensee's principal area of establishment. The chairman of the local liquor control commission shall have the sole discretion in determining the alcoholic liquor that may be sold at retail during any such special event and may choose to limit the retail sale of alcoholic liquor to beer and wine, or to one additional alcoholic liquor in addition to beer and wine when any such special event constitutes what is commonly referred to as an "ethnic" event and the one additional alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such special ethnic event, provided, the one additional alcoholic liquor being served in addition to beer and wine is being sold at a price not less than fifty percent (50%) greater than the price for the beer being sold at the special ethnic event. The local liquor control commission shall have the sole discretion for determining whether a special event constitutes a special ethnic event within the meaning of this subsection and whether the one additional alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such special ethnic event. No license shall be issued to any individual or corporation for a special event occurring more than ten (10) consecutive days nor for more than twelve (12) hours during any single day. A licensee holding a class K-1 license or the vendor selling alcoholic liquor pursuant to such class K-1 license may sell or permit to be sold alcoholic liquors as designated on the class K-1 license issued by the local liquor control commission and for the hours each day as specified in the class K-1 license as issued. No more than five (5) class K-1 licenses shall be issued to any individual or corporation during any one calendar year. In the event a class K-1 licensee utilizes a vendor who holds a then currently issued and valid class A, AA, A-1, D, E, E-1, E-2, F, F-1, M, N, N-1, O, P, R, S or U liquor license in the city, such vendor shall actually conduct and be responsible for all liquor sales. In the event a class K-1 licensee does not so utilize a vendor then prior to the issuance of any class K-1 license to an individual or corporation, the individual or corporation shall post with the city a bond in the amount of five thousand dollars ($5,000.00) in a form approved by the corporation counsel which shall be in favor of the city. A condition of the obligation of such bond shall be a guarantee that the special event and the sale of alcoholic liquor shall be conducted in compliance with the terms of the class K-1 license issued and all applicable ordinances and other requirements of law. VOLUME LXXII JULY 25, 2007 532 Prior to the issuance of any class K-1 license, the applicant shall submit to the chief of police a security plan which must be approved by the chief of police which includes an acknowledgment from the applicant that any changes to the security plan must be submitted to the chief of police in writing five (5) days before the special event. Such security plan shall include a system of badges, plastic bracelets or other such approved device so as to identify persons legally authorized to purchase and consume alcoholic liquor. The license fee per special event is one hundred dollars ($100.00), however, there shall be no license fee for any special event on the premises of the Elgin Art Showcase. Section 6. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled, “License Classes; Fees,” to amend subsection L to read as follows: L. Class I: For retail sale of alcoholic liquor limited to beer and wine only during special events sponsored by the city or by a not for profit corporation or association registered with the state. One additional alcoholic liquor in addition to beer and wine may be served at a special event sponsored by the city or by a not for profit corporation or association registered with the state provided any such special event constitutes what is commonly referred to as an "ethnic" event; the one additional alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such special ethnic event; and, the one additional alcoholic liquor being served in addition to beer and wine is being sold at a price not less than fifty percent (50%) greater than the price for the beer being sold at the special ethnic event. The local liquor control commission shall have the sole discretion for determining whether a special event constitutes a special ethnic event within the meaning of this subsection and whether the one additional alcoholic liquor being served in addition to beer and wine is traditionally associated with the food of the nationality of such special ethnic event. No license shall be issued for any such not for profit corporation or association for more than four (4) consecutive days nor for more than twelve (12) hours during any single day. A licensee holding a class I license or the vendor selling alcoholic liquor pursuant to such class I license may sell or permit to be sold alcoholic liquors consisting of beer and wine only for the hours each day as specified in the class I license as issued. No more than five (5) class I licenses shall be issued to any not for profit corporation or association during any one calendar year. In the event such a not for profit corporation or association utilizes a vendor who holds a then currently issued and valid class A, AA, A-1, D, E, E-1, E-2, F, F-1, M, N, N-1, O, P, R, S or U liquor license in the city, such vendor shall actually conduct and be responsible for all liquor sales. In the event such not for profit corporation or association does not so utilize a vendor then prior to the issuance of any class I license to a not for profit corporation or association such not for profit corporation or association shall post with the city a bond in the amount of five JULY 25, 2007 VOLUME LXXII 533 thousand dollars ($5,000.00) in a form approved by the corporation counsel which shall be in favor of the city. A condition of the obligation of such bond shall be a guarantee that the special event and the sale of alcoholic liquor shall be conducted in compliance with all applicable ordinances and other requirements of law. Prior to the issuance of any class I license the applicant shall submit to the chief of police a security plan which must be approved by the chief of police which includes an acknowledgment from the applicant that any changes to the security plan must be submitted to the chief of police in writing five (5) days before the event. Such security plan shall include a system of badges, plastic bracelets or other such approved device so as to identify persons legally authorized to purchase and consume alcoholic liquor. The license fee per day is twenty five dollars ($25.00). Section 7. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.058, entitled, “Outside Event Permit,” to read as follows: There is established an outside event permit to allow the retail sale of alcoholic liquor for consumption on the adjoining outside areas of a licensed premises used in conjunction with the licensee's principal establishment for which there is a then currently issued and valid class A, AA, A-1, D, E, E-1, E-2, E-3, F, F-1, I, J, N, O, P, Q or U license. Except as otherwise expressly authorized in this chapter, no alcoholic liquor may be sold, served or consumed at any outside event without first obtaining a permit as provided herein. Any outside event permit shall also be subject to the following: A. No outside event permit shall be issued to any licensee whose establishment is located one hundred feet (100') or closer to any residential zone as measured from the boundary line of such residential zone to the area of the licensed premises proposed to be used for an outside event. B. No outside event permit shall be issued for more than three (3) consecutive days. No more than five (5) outside event permits shall be issued to any licensee during any one calendar year. C. The hours of an outside event shall last no later than twelve o'clock (12:00) midnight. Section 8. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.058, entitled, “Off-Site Special Event Permit,” to read as follows: There is established a special event permit to allow the retail sale of alcoholic liquor for consumption at a special event off the site of a licensed premises for such events as private parties, picnics or other special or theme event. Special event permits shall be issued only to licensees with a currently issued and valid class A, AA, A-1, D, E, E-1, E- VOLUME LXXII JULY 25, 2007 534 2, E-3, F, F-1, K, M, N, O, P, R, R-1 S, or U license. Except as otherwise expressly authorized in this chapter, no alcoholic liquor may be sold, served or consumed at any special event without first obtaining a permit as provided herein. The fee for a special event permit is twenty five dollars ($25.00). Any special event permit shall also be subject to the following: A. Applications for a special event permit shall be executed both by the liquor license holder and the owner of the property at which the special event is proposed to be conducted. B. No special event permit shall be issued for any event proposed to be located one hundred feet (100') or closer to any residential zone as measured from the boundary line of such residential zone to the area of the proposed special event. C. No special event permit shall be issued for more than three (3) consecutive days. No more than five (5) special event permits shall be issued to any licensee during any one calendar year. D. The hours of a special event shall last no later than twelve o'clock (12:00) midnight. E. Proof of dramshop insurance verifying coverage for the special event shall be provided by the licensee prior to the issuance of a special event permit. F. Special events are intended to consist of private gatherings only and no member of the general public shall be allowed to consume alcohol being served in conjunction with the special event. Section 9. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.060, entitled, “Application; Filing; Processing Fee,” to read as follows: Applications shall be directed to and filed with the local liquor control commission. In addition to all other fees imposed the applicant shall also pay a nonrefundable one hundred fifty dollars ($150.00) at the time of filing to cover the cost of processing the application. Prior to the issuance of any license the applicant shall pay to the city clerk the full amount of the annual license fee required to be paid for the kind of license applied for. There shall be no filing fee imposed for any application seeking the issuance of a class G or class K license when the city is the applicant. There shall be no filing fee imposed for any application seeking the issuance of a class H, class I or class K-1 license, nor for any application seeking the issuance of an exterior sales permit, a young adult night permit, an outside event permit or an off-site special event permit. Prior to issuance of a new class B license, the applicant shall deposit the sum of ten thousand dollars ($10,000.00) with the city clerk to be placed in the general fund of the city. Prior to issuance of a new class B-1 license, the applicant shall deposit the sum of JULY 25, 2007 VOLUME LXXII 535 five thousand dollars ($5,000.00) with the city clerk to be placed in the general fund of the city. It shall further be the duty of any licensee under this chapter before the issuance of any license to a new licensee to submit to the commission a bulk sales affidavit or affidavits in compliance with the bulk sales provisions of the uniform commercial code of Illinois or such other applicable statutes governing bulk sales within the state so that the exact amount of indebtedness of the party selling the business is known and such issuance shall not be executed until the commissioner is satisfied that adequate provisions are made for the payment of all obligations relating to the business or license of the seller. Any license issued to a vendee under the provisions of this section shall not be eligible to be surrendered to be issued to another purchaser of the business. Any bond or policy of liability insurance submitted to the local liquor control commission pursuant to the requirements of this section shall be for the entire term of the license period and it shall be a condition of any license issued by the local liquor control commission that the bond or policy of liability insurance shall be in full force and effect throughout the license period as a condition of doing business pursuant to such license. Section 10. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.070, entitled, “Application; Contents,” to amend subsections B and C to read as follows: B. Each license application for an initial license at a premises shall be accompanied by a set of floor and site plans prepared under the seal of an architect or engineer licensed to practice in the state. The plans shall show the dimensions of the premises, its location on and the dimensions of its site; the property lines and their relationship to the building and all parking areas located on the property; and the design and layout for determination of occupancy, including, but not limited to, exiting, seating, dining rooms, bars, game and waiting areas and position of equipment and fixtures therein whether or not an application for a license has or will be submitted. The plans shall show on the face thereof a written computation of proposed occupancy limits, parking requirements and areas which will be reasonably necessary for loading and unloading. The layout of a licensed premises may not be substantially changed without submission of a new set of plans and approval by the liquor commission. The requirements of this subsection shall not apply to any applicant seeking a class G, class H, class I, class K or class K-1 license. C. Each application shall be executed by the applicant seeking the license, shall be under oath stating all material information required in article 7, section 1 of the "act relating to alcoholic liquors". If the applicant is a partnership, all partners shall sign the application. If the applicant is a corporation or club, the president and secretary of the applicant business entity shall sign the application. If the applicant is a limited liability company, the managers of the limited liability company shall sign the application. If the members of the limited liability company do not elect managers, the application shall be signed by the members with interests representing the majority of the book value of the membership VOLUME LXXII JULY 25, 2007 536 interests unless the articles of organization or operating agreement otherwise provide the manner in which members or managers may bind the limited liability company. Each application shall contain at least the following information and statements: 1. The applicant's name, birth date, social security number, driver's license number, address, position and percentage of ownership in the business; and the name, birth date, social security number, driver's license number, address, position and percentage of ownership in the business of every sole owner, partner, corporate officer, director, manager of a limited liability company, manager and any person or member of a limited liability company who owns five percent (5%) or more of the shares of the applicant business entity or parent corporations of the applicant business entity. The articles of incorporation for any corporation shall be attached to the application. 2. The class of license applied for. 3. The nature of the business which the applicant intends to carry out, and in the case of an applicant for a class E or E-1, E-2 or E-3 license, the amount of applicant's anticipated gross monthly revenues from the sale of food and from other sources calculated. 4. The nature of entertainment proposed to be offered within the proposed premises. 5. The length of time the applicant has been a resident of the state, the county and the city, or if a partnership or a limited liability company, the length of time that each partner or member of a limited liability company has been a resident of the state, county and city. 6. The length of time the applicant has been in the business of that character or, in the case of a corporation, the date on which its charter was issued, the state of incorporation, and if a foreign corporation, the date of being qualified to do business under the "business corporation act of 1983", and if a limited liability company, the date on which it was organized in accordance with the "Illinois limited liability company act". 7. The addresses and telephone numbers of the premises, business office if different, manager, and in the case of an original application, a detailed description of the premises and an exterior photograph. In the case of all other applications, the addresses and telephone numbers of the premises, business office if different, and manager, and a statement that the physical premises has not been modified or altered since the prior submission of an application. 8. A list of governmental entities to which the applicant or any shareholder, director or official, member or manager of a limited liability company has JULY 25, 2007 VOLUME LXXII 537 submitted an application for a liquor license, the dates of such application, the disposition of such application, amounts of and reasons for fines imposed, and the dates, reason and length of suspension or revocation of such license, if any. 9. A list of convictions of the applicant for any nontraffic violations of any ordinance or statute of any city, county or state or of the federal government, indicating the names of the offenses and dates of conviction. The applicant shall also execute all necessary documents providing for the applicant's authorization for the city to conduct nonfingerprint criminal history conviction background checks. The costs of such criminal history conviction background checks shall be paid by the applicant. The provisions of this subsection C9 shall not apply to any application in which the city of Elgin is the applicant or for any applicant seeking a class H, class I or class K-1 license. 10. Documentation sufficient to establish that the licensee beneficially owns the premises for which a license is sought or has a lease thereon for the full period for which the license is to be issued and that the licensee has sole or exclusive possession of the premises for which the license is sought. Section 11. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.075, entitled, “Records,” be amended to read as follows: A licensee holding a class E, E-1, E-2 or E-3 license shall keep or cause to be kept, at the licensed premises, records showing all sales such that the licensee can document that fifty percent (50%) or more of the gross revenue in any month from the operation of the licensed premises is derived from the serving of meals. Such records shall, at all times during business hours of the day, be subject to inspection by representatives of the liquor commission and copies thereof shall be produced to the liquor commission within seven (7) days of a written request for same. Such records shall be preserved for a period of two (2) years unless the liquor commission, in writing, authorizes their destruction or disposal at an earlier date. Failure to maintain or produce such records is unlawful and cause for revocation of the license to sell any alcoholic liquor. The information contained in such records shall be held in confidence by the liquor commission unless such records are to be utilized in any hearings on any charges brought against the licensee. Section 12. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.080, entitled, “License; Fee Payment; Renewal,” be amended to read as follows: A. Except for class H, I and K-1 licenses, all license fees shall be due and payable on or before May 1 of each year. The requisite fee shall accompany all original or renewal applications. Class H, I and K-1 license fees shall be due and payable upon application. VOLUME LXXII JULY 25, 2007 538 B. All licenses, other than class H, I and K-1 licenses, shall expire on April 30, day after the date of issue. Class H, and K-1 licenses shall expire at the end of the period for which any such license has issued. C. Failure or neglect to pay the requisite fees in a timely manner shall be cause for denial of issuance or nonrenewal or revocation as the case may be. D. Any applicant whose establishment is located on property involuntarily annexed to Elgin after June 1, 1989, and who, at the time of such annexation, holds a current and valid county liquor license, shall have its initial license fee abated by an amount equal to the fee paid to the county for the license in effect on the date of annexation. Section 13. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.090, entitled, “License; Issuance Limitations,” be amended by amended subsection G to read as follows: G. The issuance limitations set forth in subsections E of this section shall not apply to class H, I and K-1 licenses. Section 14. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.095, entitled, “Application; Meeting; Notice,” be amended by amended subsection G to read as follows: G. The chairman of the local liquor commission may, upon proper application showing conformance with all legal requirements, grant class H, I and K-1 licenses and outside event and special event permits without conducting a public hearing thereof. In the event the chairman of the local liquor commission declines to grant an application for a class H, I or K-1 license or an outside event or special event permit, then such application shall be submitted to the local liquor control commission for a public hearing and consideration provided in this chapter. Section 15. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending subparagraph A of Section 6.06.115, entitled “Basset Training Requirements,” to read as follows: For licenses effective on or after May 1, 1990, the original or renewal application for a Class A, AA, A-1, B, B-1, C, C-1, D, E, E-1, E-2, E-3, F, F-1, G, J, K, M, N, N-1, O, P, R, R-1, S, T and U license shall be accompanied with proof of completion of a State certified “Beverage Alcohol Sellers and Service Education and Training Program” (BASSET) for all persons who serve or sell alcoholic beverages pursuant to that license. JULY 25, 2007 VOLUME LXXII 539 Section 15. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.140, entitled, “Offenses By Licensee,” be amended by amended subsection N to read as follows: N. Permit any person who has not attained the age of twenty one (21) years to remain on the premises of a class A, class A-1, class AA, class R or class R-1 licensee. This subsection shall not apply to: 1. Persons eighteen (18) years of age or older, when such person is on the premises pursuant to employment; or 2. Persons accompanied by his or her parents, legal guardian or spouse; or 3. Food service establishments, except in areas segregated and designated principally for the sale or consumption of alcoholic liquor, or for bowling alleys, except when they are segregated and designated principally for the sale or consumption of alcoholic liquor; Section 16. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.140, entitled, “Offenses By Licensee,” be amended by adding new subsections T and U to read as follows: T. Permit any person who has not attained the age of twenty one (21) years to remain on the premises of a class E, class E-1, class E-2 or class E-3 licensee whenever a full menu, including entrees and appropriate side dishes, is not available for purchase at all times liquor sales are being conducted. This subsection shall not apply to: 1. Persons eighteen (18) years of age or older, when such person is on the premises pursuant to employment; or 2. Persons accompanied by his or her parents, legal guardian or spouse. U. Commit any violation of criminal laws of the state or of the ordinances of the city. Section 17. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 18. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII JULY 25, 2007 540 Presented: July 25, 2007 Passed: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 26, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G39-07 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, 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. G39-07 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 Title 11, Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050O the following: Steele Street - Both - from Owasco to Jerusha Amber Lane - Southeast corner - Between 2479 and 2490 Amber Lane Prairie Street - Southeast corner - Villa Street East of drive exit from the Courier News 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 ten days after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor JULY 25, 2007 VOLUME LXXII 541 Presented: July 25, 2007 Passed: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 26, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S10-07 PASSED GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE STORMWATER MANAGEMENT ORDINANCE PASSED FOR THE PROPERTY COMMONLY KNOWN AS 601 SOUTH STATE STREET (ELGIN SHORES FOREST PRESERVE) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, 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. S10-07 AN ORDINANCE GRANTING A VARIANCE FROM CERTAIN PROVISIONS OF THE STORMWATER MANAGEMENT ORDINANCE FOR THE PROPERTY COMMONLY KNOWN AS 601 SOUTH STATE STREET (ELGIN SHORES FOREST PRESERVE) WHEREAS, the city has adopted a Stormwater Management Ordinance to promote effective, equitable, acceptable and legal stormwater management measures by establishing reasonable rules and regulations for development that include managing and mitigating the effects of urbanization on stormwater drainage through planning, appropriate engineering practices and proper maintenance, and through the promulgation of rules and regulations for protecting the public health and safety and reducing the potential for loss of human life and property from flood damage; and WHEREAS, the Stormwater Management Ordinance is codified in Title 21 of the Elgin Municipal Code and includes standards and procedures for granting variances from the provisions of the Stormwater Management Ordinance when strict compliance with the requirements of the Stormwater Management Ordinance are impracticable; and WHEREAS, the Stormwater Management Ordinance requires new construction to be made at the flood protection elevation (FPE); and VOLUME LXXII JULY 25, 2007 542 WHEREAS, the development 601 South State Street (the “Subject Site”) by the City of Elgin and the Forest Preserve District of Kane County (collectively, the “developer”) contemplates the construction of a recreational area with adjoining off-street parking facilities, a boat launch, a boardwalk, and grading for a detention basin and compensatory storage; and WHEREAS, the development of the subject site is unique because it is located in the Fox River floodplain, and strict compliance with the Stormwater Management Ordinance would require filling the eastern portion of the proposed detention facility for the subject site in order to create a berm two feet above the 100-year floodplain elevation of the Fox River; and WHEREAS, the fill required to create the compensatory storage on the Subject Site required under the Stormwater Management Ordinance will have a greater, negative impact to on the on-site natural wetland and woodland areas on the subject site than the proposed stormwater variations being sought; and WHEREAS, the proposed stormwater variations essentially reduce the volume of the proposed detention basin to a conservative, zero discharge rate due to the detention basin’s location in the floodplain; and WHEREAS, the proximity of the detention basin to the Fox River suggests that the detention basin will reach a peak elevation and access the compensatory storage on the Subject Site before the Fox River reaches maximum crest; and WHEREAS, the stormwater variance being sought for the Subject Site is not for the purpose of increasing impervious area on the site, but rather to reduce floodplain fill, and will not increase the probability of flood damage nor lessen the degree of protection to any structure; and WHEREAS, the Subject Site is not located in the floodway or in a wetland and incorporated Best Management Practices through water quality basins adjacent to impervious areas; and WHEREAS, the developer has applied, pursuant to Petition 12-07, for variances from certain provisions of the of the Stormwater Management Ordinance, such sections being Section 203(i)(b) which governs the construction of storage facilities within the regulatory floodplain; 203(h)(1) which requires a minimum of two fee of freeboard above the base flood elevation around the perimeter of detention facilities; and, 203(h)(12) which sets requirements for maximum allowable water level fluctuation; and WHEREAS, the city’s Planning and Development Commission unanimously recommended approval of the variance request under Petition 12-07 during its April 2, 2007 meeting, the Planning and Development Commission’s finding of facts for Petition 12-07 being incorporated into this ordinance by reference as if set out herein in full. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: JULY 25, 2007 VOLUME LXXII 543 Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this ordinance as if set out herein in full. Section 2. In accordance with the procedures set forth in Article 9 of the Stormwater Management Ordinance, Petition 12-07, seeking a variance from the provisions of Sections 203(i)(b), 203(h)(1) and 203(h)(12) of the Stormwater Management Ordinance, to construct a recreational area with adjoining off-street parking facilities, a boat launch, a boardwalk, and grading for a detention basin and compensatory storage, at 601 South State Street, is hereby granted, subject to the developer’s substantial conformance with the Statement and Purpose and Application for Variance dated November 1, 2006, with revisions dated March 7, 2007, as prepared by Christopher B. Burke Engineering, Ltd., and in substantial conformance with the Development Plans prepared by Christopher B. Burke Engineering, Ltd., last dated April 17, 2007. Section 3. That this ordinance shall be in full force and effect immediately upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Passed: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 26, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G42-07 PASSED AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G25-06 (SPARTAN GREEN SUBDIVISION – 601 SOUTH RANDALL ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, 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 JULY 25, 2007 544 Ordinance No. G42-07 AN ORDINANCE AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G25-06 (Spartan Green Subdivision - 601 South Randall Road) WHEREAS, written application has been made to amend PAB Planned Area Business District Ordinance No. G25-06; 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 June 18, 2007, 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 Ordinance No. G25-06 entitled “An Ordinance Reclassifying Territory from the PRC Planned Residence Conservation District and the PCF Planned Community Facility District to PAB Planned Area Business District (Spartan Green Subdivision),” passed March 22-06, be and is hereby repealed. Section 3. 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: OF THAT PART OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 88 DEGREES 16 MINUTES 35 SECONDS WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21, A DISTANCE OF 474.18 FEET; THENCE NORTH 58 DEGREES 14 MINUTES 37 SECONDS WEST, A DISTANCE OF 235.77 JULY 25, 2007 VOLUME LXXII 545 FEET; THENCE NORTH 32 DEGREES 44 MINUTES 49 SECONDS WEST, A DISTANCE OF 162.03 FEET; THENCE NORTH 09 DEGREES 02 MINUTES 18 SECONDS WEST, A DISTANCE OF 360.85 FEET TO THE INTERSECTION WITH A LINE THAT IS 30.00 FEET, AS MEASURED PERPENDICULAR, SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF PROPERTY PREVIOUSLY OWNED BY THE STATE OF ILLINOIS BY DOCUMENT NO. 498148 FOR THE POINT OF BEGINNING; THENCE SOUTH 09 DEGREES 02 MINUTES 18 SECONDS EAST, A DISTANCE OF 360.85 FEET; THENCE SOUTH 32 DEGREES 44 MINUTES 49 SECONDS EAST, A DISTANCE OF 162.03 FEET; THENCE SOUTH 58 DEGREES 14 MINUTES 37 SECONDS EAST, A DISTANCE OF 235.77 FEET TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE NORTH 88 DEGREES 16 MINUTES 35 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 474.18 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 00 DEGREES 54 MINUTES 53 SECONDS EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21, A DISTANCE OF 7.94 FEET TO THE NORTHWESTERLY LINE OF SPARTAN DRIVE AS DEDICATED; THENCE SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID SPARTAN DRIVE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 635.00 FEET AND A CHORD BEARING OF SOUTH 62 DEGREES 39 MINUTES 27 SECONDS WEST, AN ARC DISTANCE OF 227.84 FEET; THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF SAID SPARTAN DRIVE SOUTH 52 DEGREES 22 MINUTES 43 SECONDS WEST, TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 828.27 FEET; THENCE CONTINUING ALONG THE NORTHWESTERLY LINE OF SAID SPARTAN DRIVE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 478.26 FEET AND A CHORD BEARING OF SOUTH 33 DEGREES 44 MINUTES 28 SECONDS WEST, AN ARC DISTANCE OF 311.14 FEET TO THE NORTH LINE OF PLAT OF SURVEY PREPARED FOR WESTFIELD HOMES OF ILLINOIS, INC., ORDER NO. 95066500, I AND IIA, BY SHEETS SURVEYING SERVICES, INC., DATED OCTOBER 19, 1995 AND REVISED OCTOBER 31, 1995 THENCE SOUTH 88 DEGREES 08 MINUTES 07 SECONDS WEST ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF 252.34 FEET TO THE EASTERLY RIGHT OF WAY OF RANDALL ROAD AS DEDICATED BY DOCUMENT NO. 91K33285; THENCE NORTH 01 DEGREES 51 MINUTES 53 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 256.15 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1612.88 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF 806.59 FEET; THENCE NORTH 30 DEGREES 31 MINUTES 05 SECONDS WEST TANGENT TO THE LAST DESCRIBED CURVE AND VOLUME LXXII JULY 25, 2007 546 ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 831.64 FEET; THENCE SOUTH 57 DEGREES 39 MINUTES 33 SECONDS EAST, A DISTANCE OF 59.19 FEET; THENCE SOUTH 76 DEGREES 25 MINUTES 46 SECONDS EAST, A DISTANCE OF 65.67 FEET; THENCE NORTH 86 DEGREES 45 MINUTES 57 SECONDS EAST, A DISTANCE OF 48.94 FEET; THENCE NORTH 73 DEGREES 29 MINUTES 33 SECONDS EAST, A DISTANCE OF 41.89 FEET; THENCE SOUTH 79 DEGREES 59 MINUTES 57 SECONDS EAST, A DISTANCE OF 150.99 FEET; THENCE SOUTH 66 DEGREES 32 MINUTES 05 SECONDS EAST, A DISTANCE OF 196.17 FEET; THENCE SOUTH 75 DEGREES 28 MINUTES 11 SECONDS EAST, A DISTANCE OF 63.96 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 00 DEGREE 56 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER, A DISTANCE OF 121.57 FEET TO THE INTERSECTION WITH A LINE THAT IS 30.00 FEET, AS MEASURED PERPENDICULAR, SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF PROPERTY PREVIOUSLY OWNED BY THE STATE OF ILLINOIS BY DOCUMENT NO. 498148; THENCE NORTH 88 DEGREES 01 MINUTES 35 SECONDS EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 518.58 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 28.42 ACRES MORE OR LESS. Section 3. That the City Council of the City of Elgin hereby classifies the subject property in this PAB Planned Area Business District in accordance with the following provisions: A. Purpose and Intent. The purpose of this PAB Area Business District is to provide commodities and services to several neighborhood areas, and in some instances to a community wide or regional supporting population, subject to Chapter 19.60. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions of the Elgin Municipal Code, 1976, as amended. JULY 25, 2007 VOLUME LXXII 547 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” [SR] shall be the only land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PAB zoning district: 1. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in this PAB Planned Area Business District: a. Offices Division: Offices [SR] (UNCL). b. Finance, Insurance, and Real Estate Division: Development sales offices [SR] (UNCL). Finance, insurance, and real estate (H), subject to the provision that a maximum total of one bank shall be permitted within the subdivision. c. 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). d. Retail Trade Division: Apparel and accessory stores (56). Building materials, hardware, and garden supply (52). 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, McDonalds, 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 lower volume mid-value fast food restaurants including, but not limited to Portillos or Starbucks. Florists (5992). VOLUME LXXII JULY 25, 2007 548 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, artist 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). News dealers (5994). Optical goods stores (5995). Outdoor eating and drinking facilities [SR] (UNCL). e. Agricultural Division: Dog grooming (0752). Veterinary services for household pets (0742). f. Construction Division: Contractor's office and equipment areas [SR] (UNCL). g. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). h. Transportation, Communication And Utilities Division: Arrangement of passenger transportation (472). 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). Railroad operators' offices (401). Satellite dish antennas [SR] (UNCL). Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves [SR] (UNCL). i. 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. Fences and walls [SR] (UNCL). Firearms sales (5941), exclusively accessory to a sporting goods store or general merchandise store, specifically limited to one principal use established in the entire subdivision. Loading facilities [SR] (UNCL), exclusively accessory [SR] to a JULY 25, 2007 VOLUME LXXII 549 permitted use allowed in this PAB Area Business District, subject to the provisions of Chapter 19.47 of this Title. Outdoor display areas [SR] (UNCL). Package liquor sales establishments [SR] (5921) accessory to a general merchandise store or food store. 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. c. Services Division: Child daycare services (835). Coin-operated amusement establishments (7993). d. Retail Trade Division: Drive-in restaurants (5812). 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 VOLUME LXXII JULY 25, 2007 550 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 fast food/quick service restaurants including, by way of example, but not limited to, McDonalds, 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 lower volume mid-value fast food restaurants including, but not limited to Portillos or Starbucks. 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. F. Site Design. In this PAB zoning district, except as otherwise provided for herein, the use and development of land and structures shall subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. 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 the PAB zoning district, there shall be no minimum required "zoning lot area" [SR]. 3. Lot Width: In the PAB zoning district, there shall be no minimum required "lot width" [SR] for a zoning lot. 4. Setbacks; Generally: In the 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 the 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 Spartan Drive: 40 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. b. Vehicle Use Area Setbacks: JULY 25, 2007 VOLUME LXXII 551 i. Street Setback: The minimum required vehicle use area setback from a "street lot line" [SR] shall be as follows: Randall Road and Spartan Drive: 25 feet. Any Private Street: 6 feet. ii. Interior Setback: For zoning lots with a with a vehicle use area, the minimum required vehicle use area setback from an interior lot line shall be six (6) feet. 6. Accessory Structures and Buildings: In the 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 the 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 the 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. 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. Supplemental Site Design Regulations and Architectural Design. In this PAB zoning district, all site development and buildings shall be also designed, constructed and maintained in substantial conformance to the following development plans and/or regulations: 1. Substantial conformance with the Site Development Plans for Lowe’s of Elgin (Spartan Green Subdivision), prepared by Woolpert, Inc., including: a. C000 Cover Sheet, dated August 2, 2005. b. C100 Existing Conditions/Demo Plan, dated August 2, 2005. c. C200 Site Plan, dated August 2, 2005. d. C201 Site Plan, dated August 2, 2005. e. C202 Site Plan, dated August 2, 2005. VOLUME LXXII JULY 25, 2007 552 f. C300 Grading Plan, dated August 2, 2005. g. C301 Grading Plan, dated August 2, 2005. h. C302 Grading Plan, dated August 2, 2005. i. C400 Utility Plan, dated August 2, 2005. j. C401 Utility Plan, dated August 2, 2005. k. C402 Utility Plan, dated August 2, 2005. l. C600 Landscape Plan, dated August 2, 2005. m. C601 Landscape Plan, dated August 2, 2005. n. C602 Landscape Plan, dated August 2, 2005. o. C800 Lighting Plan, dated August 2, 2005. The Concept Site Plan for Golden Corral Spartan Green, prepared by Woolpert, Inc., dated February 8, 2007. The foregoing list of plans shall be revised as necessary to conform to the final engineering plans as approved by the City Engineer and the final plat of subdivision as approved by the City Engineer. The landscape plans listed above shall incorporate the following design characteristics: a. All rear building elevations, vehicle use areas and service entrances shall be screened from view with landscaping (a combination of shade trees, coniferous trees, ornamental trees, and shrubs) and a solid screening fence. b. The perimeter of stormwater basins shall include landscaping consisting of shade and ornamental trees, and low-maintenance native vegetation. 2. Substantial conformance with the following Building Elevation Drawings: a. Lowe’s Building and Sign Elevation Drawings (Lot 2), prepared by BRR, dated July 29, 2005. b. Retail Building and Sign Elevation Drawings (Lot 3), prepared by OKW Architects, dated July 29, 2005. c. Bank of America Building and Sign Elevation Drawings (Lot 1), prepared by Oculus, Inc., dated August 3, 2005. d. Office Depot and New Retail B, C and D Tenant Facilities Building and Sign Elevation Drawings, prepared by Larson and Darby Group, dated February 19, 2007. e. Golden Corral Building and Sign Elevation Drawings, prepared by Lehmann Mehler Hirst Thorton Associates, dated March 15, 2007. The buildings listed above shall incorporate the following design characteristics: JULY 25, 2007 VOLUME LXXII 553 a. All roof-top mounted fixtures shall be screened from view from neighboring properties and streets. b. All metal bracing supporting architectural façade elements extending above the roofline shall be enclosed or screened from view from neighboring properties and streets. c. All fencing shall be black powder-coated, decorative metal or aluminum fencing (no chain-link fencing shall be allowed). 3. Buildings and building additions other than the Lowe's Building and the Bank of America Building identified in Section 3G2 above 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, pre-manufactured 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. 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. 4. Except as may be approved by the Development Administrator pursuant to E.M.C. 19.60.200, prior to any other or further development of the subject property the owner of the subject property shall be required to submit a development plan for the city for a public hearing and city council VOLUME LXXII JULY 25, 2007 554 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: a. Lowe’s Building and Sign Elevation Drawings (Lot 2), prepared by BRR, dated July 29, 2005. b. Retail Building and Sign Elevation Drawings (Lot 3), prepared by OKW Architects, dated July 29, 2005. c. Bank of America Building and Sign Elevation Drawings (Lot 1), prepared by Oculus, Inc., dated August 3, 2005. d. Office Depot and New Retail B, C, and D Tenant Facilities Sign Elevation Drawings, prepared by Larson and Darby Group, dated February 19, 2007. e. Golden Corral Sign Elevation Drawings, prepared by Lehmann Mehler Hirst Thorton Associates, dated March 15, 2007. 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. JULY 25, 2007 VOLUME LXXII 555 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: July 25, 2007 Passed: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 26, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G43-07 PASSED AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “FIRE DEPARTMENT” Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, 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. G43-07 AN ORDINANCE AMENDING CHAPTER 2.40 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "FIRE DEPARTMENT" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.40.010 of the Elgin Municipal Code, 1976, as amended, entitled "Establishment", be and is hereby further amended to read as follows: "2.40.010 ESTABLISHMENT: There is established an executive department of the city to be known as the fire department. The total authorized strength of the fire department shall hereafter be one hundred twenty-nine (129) members, of which one (1) member shall be chief, no more than two (2) members shall hold VOLUME LXXII JULY 25, 2007 556 the rank of assistant fire chief, no more than three (3) members shall hold the rank of battalion fire chief, no more than one (1) person shall hold the rank of fire marshal, no more than six (6) members shall hold the rank of captain, no more than twenty-seven (27) members shall hold the rank of lieutenant, and the balance of said members shall be of firefighter rank." Section 2. That all ordinance 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 upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Passed: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: July 26, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-192 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE POLICEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT #54 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. Resolution No. 07-192 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE POLICEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT #54 WHEREAS, representatives of the City of Elgin and representatives of the Policemen’s Benevolent and Protective Association, Unit #54 have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and JULY 25, 2007 VOLUME LXXII 557 WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and employees covered by it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the proposed agreement between the City of Elgin and the Policemen’s Benevolent and Protective Association, Unit #54, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute said agreement on behalf of the City of Elgin. s/ Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Adopted: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 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. The Hemmens Cultural Center Advisory Board Minutes for June 14, 2007 Heritage Design Review Subcommittee Minutes for June 26, 2007 Planning and Development Commission Minutes for June 4, 2007 Zoning and Subdivision Hearing Board Minutes for May 2, 2007 Committee of the Whole Minutes for June 27, 2007 City Council Minutes for June 27, 2007 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. VOLUME LXXII JULY 25, 2007 558 ADJOURNMENT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 9:33 p.m. s/Diane Robertson August 8, 2007 Diane Robertson, City Clerk Date Approved