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HomeMy WebLinkAboutq - September 12, 2007 CC637 SEPTEMBER 12, 2007 VOLUME LXXII 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 September 12, 2007, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:05 p.m. The Invocation was given by Chris Rodriguez, from the Family Life Church and the Pledge of Allegiance was led by members of the Hispanic Heritage Coalition. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE AUGUST 22, 2007, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve the August 22, 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 Proclamation for National Hispanic Heritage Month Mayor Schock read a proclamation recognizing National Hispanic Heritage Month. Maria Alvarez accepted the proclamation and other members of the Hispanic Heritage Coalition handed out t-shirts to the Council. RECOGNIZE PERSONS PRESENT Dan Miller thanked the City for all of its support during the recent Historic House Tour. Gary Joy expressed concerns about the permanent lights to be installed at St. Ed’s football field. John Collins expressed concerns about the flooding that took place in the area of Cooper and Preston Avenue. VOLUME LXXII SEPTEMBER 12, 2007 638 Micah Shadowen, on behalf of Judson College, thanked the City for its help during the recent flood, and for the support of the entire community as Judson transitioned from a college to a university. BID 07-082 AWARDED TO MEADOW EQUIPMENT SALES AND SERVICE FOR NECESSARY REPAIRS TO DEEP WELL #6 Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve a contract with Meadow Equipment Sales and Service in the amount of $177,990 for repairs to Deep Well #6. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-084 AWARDED TO RIEKE OFFICE INTERIORS FOR THE PURCHASE OF OFFICE FURNITURE FOR THE CITY MANAGER’S DEPARTMENT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve a purchase agreement with Rieke Office Interiors in the amount of $14,085 for office furniture for the City Manager’s office. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-090 AWARDED TO CSR ROOFING CONTRACTORS INC. FOR ROOF REPLACEMENT ON VARIOUS CITY BUILDINGS Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve a contract with CSR roofing Contractors Inc. in the amount of $1,385,547 for the roof replacement on various City buildings. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-091 AWARDED TO MARTAM CONSTRUCTION FOR SPARTAN DRIVE EXTENSION – SECTION II PROJECT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to authorize a contract with Martam Construction in the amount of $3,782,605 for the Spartan Drive Extension – Section II Project. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. SEPTEMBER 12, 2007 VOLUME LXXII 639 BID 07-092 AWARDED TO OMEGA DEMOLITION CORPORATION FOR THE DEMOLITION OF VARIOUS BUILDINGS Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to award a contract to Omega Demolition Corporation in the amount of $271,855 for the demolition of various City owned buildings. Councilmember Kaptain asked if the neighborhood groups could look at the houses to see if there was anything salvageable. City Manager Folarin said this would be okay. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-093 AWARDED TO DAVIES WATER SERVICES FOR THE PURPOSE OF FIRE HYDRANT RE-PAINTING Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Davies Water Services in the amount of $70,250 for the purpose of fire hydrant re- painting within the City. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. HEARING DATE SET FOR A PROPOSED ANNEXATION AGREEMENT FOR PROPERTY LOCATED AT 3300 ENCOUNTER LANE AND 3170 ROUTE 20, BY WEST RIDGE CHRISTIAN CHURCH, AS APPLICANT, AND WEST RIDGE CHRISTIAN CHURCH AND GREG LEISURE AS OWNERS (PETITION 57-07) Community Development Director Deering stated the applicants are asking to add another building to the project and would like to set a hearing date for October 10, 2007. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to set a hearing date of October 10, 2007, for the proposed second amendment to the annexation agreement for the above listed property. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 58-06 APPROVED REQUESTING A MAP AMENDMENT FROM GI GENERAL INDUSTRIAL DISTRICT TO PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT, PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT, AND PRELIMINARY PLAT APPROVAL; PROPERTY LOCATED AT 1501 WEST BARTLETT ROAD, BY CASANOVA BUILDERS L.L.C., AS APPLICANT AND GAETANO CONSOLE, AS OWNER. Community Development Director Deering stated this is a unique, mixed use, residential/commercial project located on approximately 40 acres of land, located on the southeast corner of Elgin’s city limits. There will be 169 row homes ranging up to $419,000 and 225 condominium units located in 5 mid-rise buildings ranging up to $370,000. The Planning VOLUME LXXII SEPTEMBER 12, 2007 640 and Development has recommended approval of this project subject to the six conditions outlined in their memorandum. Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve Petition 58-06 subject to the six conditions. Mayor Schock asked Mr. Deering what the prospects are of attracting other high quality, ORI development to this location. Mr. Deering replied that due to the tax situation in Cook County, the City would only attract marginal industrial uses within the Cook County portion of Elgin. Councilmember Kaptain expressed concerns about where the children will play. Paul Shadell, attorney for the applicant, introduced Rob Kirk, one of the architects, who indicated that a series of pocket parks, green areas, a stocked pond, and bike and jogging trails were included in the plans. Councilmember Kaptain asked if the development would be 100% owner-occupied. Both Mr. Kirk and Mr. Shadell indicated that was the developer’s intent. Councilmember Steffen also stated his concern about rental vs. ownership. Councilmember Gilliam asked if the developer would agree to a covenant requiring 100% ownership. Councilmember Figueroa asked if any of our development agreements had any rental restrictions. Corporation Counsel Cogley stated that several of the agreements do and that he believed the percentage was no more than 30% rentals allowed. Councilmember Powers asked if the homeowners’ association enforces this and Corporation Counsel Cogley stated that they did. The City normally would not get involved, but it does reserve the right to do so. Mr. Shadell stated that the intent of the developer is for 100% owner occupancy, but that he may agree to a 30% cap on rentals if that was the will of the Council. Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to amend Petition 58-06 to place a 30% rental restriction. On a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, and Walters. Nays: Mayor Schock. Upon a roll call vote to approve the original motion as amended: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 42-07 APPROVED REQUESTING AN AMENDMENT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NUMBER G24-00, TO PERMIT THE ESTABLISHMENT OF A RESTAURANT AND A BUILDING ADDITION IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, AND REQUESTING CONDITIONAL USE APPROVAL FOR A DRINKING PLACE AND A NIGHT CLUB; PROPERTY LOCATED AT 1550 NORTH RANDALL ROAD BY JIM & SHANNON ELLIS, AS APPLICANTS, AND JOHN PAUL, AS OWNER Community Development Director Deering stated that this project was originally approved in 2006, and that the Planning and Development Commission has recommended approval of the revised application subject to the four conditions outlined in the memorandum. Councilmember SEPTEMBER 12, 2007 VOLUME LXXII 641 Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 42-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 48-07 APPROVED REQUESTING A CONDITIONAL USE FOR A DRINKING PLACE AND OUTDOOR EATING AND DRINKING FACILITIES IN THE CC1 CENTER CITY DISTRICT, TO PERMIT THE ESTABLISHMENT OF A RESTAURANT; PROPERTY LOCATED AT 56-58 SOUTH GROVE AVENUE; BY MAD MAGGIE’S INC., AS APPLICANT, AND TST BUILDINGS LLC., AS OWNER Community Development Director Deering stated the applicant is requesting permission to remodel an existing building and convert it to a restaurant and bar with banquet facilities. It will feature live entertainment and outdoor seating overlooking the Fox River. The Zoning and Subdivision Hearing Board has recommended the approval of this application subject to the four conditions outlined in the memorandum. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 48-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. ORDINANCE G54-07 PASSED GRANTING A CONDITIONAL USE FOR A DRINKING PLACE AND AN OUTDOOR EATING AND DRINKING FACILITY (56-58 SOUTH GROVE AVENUE) 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. G54-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A DRINKING PLACE AND AN OUTDOOR EATING AND DRINKING FACILITY (56-58 South Grove Avenue) WHEREAS, written application has been made for a conditional use for a drinking place and an outdoor eating and drinking facility in the CC1 Center City District at 56-58 South Grove Avenue; 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. VOLUME LXXII SEPTEMBER 12, 2007 642 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 August 15, 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 for a drinking place and an outdoor eating and drinking facility in the CC1 Center City District at 56-58 South Grove Avenue and legally described as follows: The Southerly 22 Feet of Lot 8 and the Northerly 22 Feet Lot 9 (except that Part lying Westerly of the Easterly line of Riverside Avenue) in Block 21 of the Original Town of Elgin on the East Side of the Fox River, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 56-58 South Grove Avenue). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Petitioner’s Statement of Purpose and Conformance, submitted with the development application prepared by Sean Davis, dated June 29, 2007. 2. Substantial conformance to the Site and Floor Plans prepared by Dahlquist and Lutzow Architects, Ltd. and dated August 15, 2007. 3. Substantial conformance to the Building Elevations (Sheets 1-3) prepared Dahlquist and Lutzow Architects, Ltd. and dated August 15, 2007. 4. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor SEPTEMBER 12, 2007 VOLUME LXXII 643 Presented: September 12, 2007 Passed: September 12, 2007 Vote: Yeas: 7 Nays: 0 Recorded: September 13, 2007 Published: 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 State Treasurer Chicago, IL $10,999.80 Workers Compensation Assessment January 1, 2007 through June 30, 2007 Badger Meter Milwaukee, WI $18,000 Water meter replacement throughout the City CONSENT AGENDA By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G52-07 and G53-07, and adopt Resolution Nos. 07-221 through 07-230 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-221 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO AGREEMENT WITH FGM ARCHITECTS ENGINEERS, INC. FOR DESIGN SERVICES FOR FIRE STATION 7 Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII SEPTEMBER 12, 2007 644 Resolution No. 07-221 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AGREEMENT WITH FGM ARCHITECTS ENGINEERS, INC. FOR DESIGN SERVICES FOR FIRE STATION 7 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 Amendment to Agreement with FGM Architects Engineers, Inc. for design services for Fire Station 7, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-222 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT TO THE ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS CORPORATION FOR THE LARKIN/AIRLITE/FOOTHILL INTERSECTION IMPROVEMENT PROJECT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-222 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT TO THE ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS CORPORATION FOR THE LARKIN/AIRLITE/FOOTHILL INTERSECTION IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager and Diane Robertson, City Clerk, be and are hereby SEPTEMBER 12, 2007 VOLUME LXXII 645 authorized and directed to execute a First Amendment Agreement to the engineering services agreement with TranSystems Corporation for the Larkin/Airlite/Foothill Intersection Project, copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-223 ADOPTED AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH ACME REFINING, INC. FOR THE HEMMENS 2007-2008 PERFORMING ARTS SEASON Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-223 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH ACME REFINING, 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 Acme Refining, Inc. for the 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 VOLUME LXXII SEPTEMBER 12, 2007 646 Presented: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-224 ADOPTED AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH ELGIN COURIER NEWS FOR THE HEMMENS 2007-2008 PERFORMING ARTS SEASON Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-224 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH ELGIN COURIER NEWS 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 the Elgin Courier News, for the 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 Presented: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk SEPTEMBER 12, 2007 VOLUME LXXII 647 RESOLUTION 07-225 ADOPTED AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH NEWSWEB RADIO GROUP FOR THE HEMMENS 2007-2008 PERFORMING ARTS SEASON Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-225 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH NEWSWEB RADIO GROUP 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 Newsweb Radio Group, for the 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 Presented: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-226 ADOPTED AUTHORIZING EXECUTION OF HIGHWAY PERMITS WITH THE KANE COUNTY DIVISION OF TRANSPORTATION FOR TRAFFIC SIGNALS AT LONGCOMMON PARKWAY AND BOWES ROAD Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII SEPTEMBER 12, 2007 648 Resolution No. 07-226 RESOLUTION AUTHORIZING EXECUTION OF HIGHWAY PERMITS WITH THE KANE COUNTY DIVISION OF TRANSPORTATION FOR TRAFFIC SIGNALS AT LONGCOMMON PARKWAY AND BOWES ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute highway permits on behalf of the City of Elgin with the Kane County Division of Transportation for the installation of traffic signals at Longcommon Parkway and Bowes Road, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-227 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-227 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Suzanne Smith be and is hereby appointed as a member of the Centre Advisory Board, for a term to expire July 1, 2009. BE IT FURTHER RESOLVED that Charles Horton III be and is hereby appointed as a member of the Centre Advisory Board, for a term to expire July 1, 2009. BE IT FURTHER RESOLVED that Jackie Tredup be and is hereby appointed as a member of the Economic Development Council, for a term to expire December 31, 2008. SEPTEMBER 12, 2007 VOLUME LXXII 649 BE IT FURTHER RESOLVED that Alfred Fulton be and is hereby appointed as a member of the Board of Fire and Police Commissioners, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that J. Patrick Hudgens be and is hereby reappointed as a member of the Building Commission, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Jim Biewer be and is hereby reappointed as a member of the Building Commission – HVAC Committee, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that David Teas be and is hereby reappointed as a member of the Building Commission – Plumbing Committee, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Juan Figueroa be and is hereby reappointed as a member of the Centre Advisory Board, for a term to expire July 1, 2009. BE IT FURTHER RESOLVED that Katy McMullin be and is hereby reappointed as a member of the Civil Service Commission, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Robert Gilliam be and is hereby reappointed as a member of the Elgin Area Convention & Visitors Bureau, for a term to expire December 31, 2008. BE IT FURTHER RESOLVED that Thomas “Pat” Crawford be and is hereby reappointed as a member of the Elgin Emergency Telephone System Board, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Timothy Michaels be and is hereby reappointed as a member of the Elgin Emergency Telephone System Board, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Evelyn Chapman be and is hereby reappointed as a member of the Elgin Heritage Commission, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Kathy Skaggs be and is hereby reappointed as a member of the Elgin Heritage Commission, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Patricia Miller be and is hereby reappointed as a member of the Elgin Heritage Commission – Design Review Subcommittee, for a term to expire June 30, 2008. BE IT FURTHER RESOLVED that Dennis Roxworthy be and is hereby reappointed as a member of the Elgin Heritage Commission – Design Review Subcommittee, for a term to expire June 30, 2008. VOLUME LXXII SEPTEMBER 12, 2007 650 BE IT FURTHER RESOLVED that Steven Stroud be and is hereby reappointed as a member of the Elgin Heritage Commission – Design Review Subcommittee, for a term to expire June 30, 2008. BE IT FURTHER RESOLVED that Jennifer Fritz-Williams be and is hereby reappointed as a member of the Elgin Heritage Commission – Design Review Subcommittee, for a term to expire June 30, 2008. BE IT FURTHER RESOLVED that Danise Habun be and is hereby reappointed as a member of the Human Relations Commission, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Joseph Greitzer be and is hereby reappointed as a member of the Image Advisory commission, for a term to expire May 1, 2009. BE IT FURTHER RESOLVED that John Atkins be and is hereby reappointed as a member of the Image Advisory Commission, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Matt Iverson be and is hereby reappointed as a member of the Image Advisory Commission, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Loretta Revesz be and is hereby reappointed as a member of the Image Advisory Commission, for a term to expire May 1, 2010. BE IT FURTHER RESOLVED that Ed Schock be and is hereby reappointed as a member of the Liquor Commission, for a term to expire April 30, 2009. BE IT FURTHER RESOLVED that John Walters be and is hereby reappointed as a member of the Liquor Commission, for a term to expire April 30, 2009. BE IT FURTHER RESOLVED that Bruce Corn be and is hereby reappointed as a member of the Property Maintenance Appeals Board, for a term to expire May 1, 2012. BE IT FURTHER RESOLVED that Patrick Hines be and is hereby reappointed as a member of the Property Maintenance appeals Board, for a term to expire May 1, 2012. BE IT FURTHER RESOLVED that Ann Stewart be and is hereby reappointed as a member of the Property Maintenance Appeals Board, for a term to expire May 1, 2012. BE IT FURTHER RESOLVED that Cristina Castro be and is hereby reappointed as a member of the Zoning & Subdivision Hearing Board, for a term to expire July 1, 2010. s/ Ed Schock Ed Schock, Mayor SEPTEMBER 12, 2007 VOLUME LXXII 651 Presented: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-228 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT WITH SYLVIA S. SCANDORA AS TRUSTEE OF TRUST B CREATED UNDER THE ANTHONY E. SCANDORA TRUST DATED APRIL 30, 2003, AS TO AN UNDIVIDED ONE-HALF INTEREST, AND SYLVIA S. SCANDORA, AS TRUSTEE UNDER THE PROVISIONS OF A DECLARATION OF TRUST DATED APRIL 30, 2003, AND KNOWN AS THE SYLVIA S. SCANDORA TRUST, AS TO AN UNDIVIDED ONE-HALF INTEREST (1080 EAST CHICAGO STREET) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-228 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (1080 East Chicago Street) 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 Real Estate Sales Contract on behalf of the City of Elgin with Sylvia S. Scandora as Trustee of Trust B created under the Anthony E. Scandora Trust dated April 30, 2003, as to an undivided ½ interest, and Sylvia S. Scandora, as Trustee under the provisions of a Declaration of Trust dated April 30, 2003, and known as the Sylvia S. Scandora Trust, as to an undivided ½ interest for the purchase of property commonly known as 1080 East Chicago Street, Elgin, for $1,375,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII SEPTEMBER 12, 2007 652 Presented: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-229 ADOPTED RATIFYING THE EXECUTION OF A SERVICES AGREEMENT WITH JACK HENRICI Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-229 RESOLUTION RATIFYING THE EXECUTION OF A SERVICES AGREEMENT WITH JACK HENRICI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Services Agreement with Jack Henrici by Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, for services as the Interim Director of Fire and Emergency Medical Services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk SEPTEMBER 12, 2007 VOLUME LXXII 653 RESOLUTION 07-230 ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH NORTHWEST CONTRACTORS, INC. FOR CONSTRUCTION OF THE HIGHLANDS OF ELGIN CLUBHOUSE Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-230 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH NORTHWEST CONTRACTORS, INC. FOR CONSTRUCTION OF THE HIGHLANDS OF ELGIN CLUBHOUSE WHEREAS, the City of Elgin has heretofore entered into a contract with Northwest Contractors, Inc. for construction of The Highlands of Elgin Clubhouse; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII SEPTEMBER 12, 2007 654 ORDINANCE G52-07 PASSED AMENDING CHAPTERS 7.04, 9.32 AND 14.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO CONFORM WITH U.S. EPA AND ILLINOIS EPA COMBINED SEWER OVERFLOW (CSO) CONTROL POLICY 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. G52-07 AN ORDINANCE AMENDING CHAPTERS 7.04, 9.32 AND 14.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO CONFORM WITH U.S. EPA AND ILLINOIS EPA COMBINED SEWER OVERFLOW (CSO) CONTROL POLICY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 7.04 of the Elgin Municipal Code, 1976, as amended, entitled “Dogs and Cats,” be and is hereby amended by amending Section 7.04.010, entitled, “Definitions,” to add the following new definition to read as follows: PREMISES: Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks, parkways, tree banks and parking strips. Section 2. That Chapter 9.32 of the Elgin Municipal Code, 1976, as amended, entitled “Water Pollution,” be and is hereby amended by creating Section 9.32.005, entitled “Definitions,” to read as follows: BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs shall also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. HAZARDOUS MATERIALS: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT: A permit issued by the United States Environmental Protection Agency, or by the Illinois Environmental Protection Agency SEPTEMBER 12, 2007 VOLUME LXXII 655 State under authority delegated pursuant to 33 USC § 1342(b), as amended, authorizing the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. NON-STORMWATER DISCHARGE: Any discharge to the storm drain system that is not composed entirely of stormwater. PERSON: Any individual, partnership, corporation, trust, firm, company, estate, association or other entity. POLLUTANT: Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. PREMISES: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks, parkways, treebanks and parking strips. PROHIBITED DISCHARGE: Any direct or indirect non-stormwater discharge to the storm drain system, except those non-stormwater discharges expressly exempted in Section 9.32.010 B.1. of this chapter, as amended. PROHIBITED CONNECTION: Either of the following drains or conveyances: A. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or B. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. STORM DRAINAGE SYSTEM: The city-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. VOLUME LXXII SEPTEMBER 12, 2007 656 STORM WATER: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Section 3. That Chapter 9.32 of the Elgin Municipal Code, 1976, as amended, entitled “Water Pollution,” be and is hereby amended by amending Section 9.32.010, entitled “Deposit of Wastes Prohibited,” to read as follows: A. No person shall discharge or cause to be discharged any materials, directly or indirectly, into the city’s storm drainage system or watercourses, including but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. B. The commencement, conduct or continuance of any prohibited discharge to the storm drainage system is prohibited except as described as follows: 1. The following discharges are exempt from the discharge prohibitions established by this chapter: Water line flushing or other potable water sources; landscape irrigation or lawn watering; diverted stream flows; rising ground water; ground water infiltration to storm drains; uncontaminated pumped ground water; foundation or footing drains (not including active groundwater dewatering systems); crawl space pumps; air conditioning condensation; springs; non-commercial washing of vehicles; natural riparian habitat or wetland flows; swimming pools (when dechlorinated, i.e., less than one PPM chlorine); fire fighting activities; and any other water source not containing pollutants. 2. Discharges specified in writing by the city as being necessary to protect public health and safety. 3. Dye testing, provided after the city first receives written notification prior to the commencement of the test. C. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. D. It is unlawful for any person, firm, or corporation, individually or by its agent, employee or servant, to cast, throw, sweep, sift or deposit in any manner in or upon the waters of the Fox River or public water or receiving basin within the jurisdiction of the city any kind of dirt, rubbish, waste, article, thing or substance whatsoever whether liquid or solid. Nor shall any such person or corporation cast, throw, sweep, sift or deposit any of the aforementioned items anywhere within the SEPTEMBER 12, 2007 VOLUME LXXII 657 jurisdiction of the city in such a manner that it may be carried or deposited in whole or in part by the action of the sun, wind, rain or snow, into the aforementioned Fox River or public watercourse; provided that this section shall not apply to the deposit of material under a permit authorized by the State or authorized by any ordinance of the city, nor shall the same apply to articles or things deposited in or conducted into the city sewer system through lawful drains and in accordance with the ordinances of the city relating thereto. Section 4. That Chapter 9.32 of the Elgin Municipal Code, 1976, as amended, entitled “Water Pollution,” be and is hereby amended by creating Section 9.32.035, entitled “Watercourse Protection,” to read as follows: A. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. B. Whenever the city finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the storm drain system, or Waters of the United States, the city may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of this chapter. C. The city may require by written notice of requirement that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges, and/or non-stormwater discharges to the storm drain system or waters of the United States, to undertake at said person’s expense such monitoring and analyses and furnish such reports to the city as deemed necessary to determine compliance with this Article. Section 5. That Chapter 9.32 of the Elgin Municipal Code, 1976, as amended, entitled “Water Pollution,” be and is hereby amended by creating Section 9.32.037, entitled “Notification of Spills and Enforcement,” to read as follows: A. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or VOLUME LXXII SEPTEMBER 12, 2007 658 operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or Waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release of non-hazardous materials, said person shall notify the city in person or by phone or facsimile no later than by 5:00 p.m. of the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city manager within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. B. Whenever the city finds that a person has violated a prohibition or failed to meet a requirement of this Article, the city may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: 1. The performance of monitoring, analyses, and reporting; 2. The elimination of illicit connections or discharges; 3. That violating discharges, practices, or operations shall cease and desist; 4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; and 5. Payment of a fine to cover administrative and remediation costs; and 6. The implementation of source control or treatment BMPs. C. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violating party fail to remediate or restore within the established deadline, the work will be completed by the city or a contractor and the expense thereof shall be charged to the violating party at the cost of the work plus administrative costs. D. If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, the city shall be authorized to enter upon the subject private property and shall be authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow city SEPTEMBER 12, 2007 VOLUME LXXII 659 officials or the city’s designated contractor to enter upon the premises for the purposes set forth in this section. E. The city reserves the right to discontinue water service, sanitary sewer service or provide access to storm sewers (by plugging or turning off the storm sewers) to any violator when non-compliance occurs. F. Within 30 days after the city’s abatement of the violation, the owner of the property shall be notified of the actual cost of abatement, plus the city’s administrative costs. The property owner may file a written protest objecting to the amount of the assessment within fifteen (15) days of the receipt of the city’s notification of the actual abatement costs and administrative costs. If the amount due is not paid within thirty days from the date of the city’s notification of the actual abatement costs and administrative costs, or at such time as determined by the decision of the city manager or his or her designee in response to a written protest, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The notice of lien of the cost and expense thereof incurred by the city shall be recorded in the following manner: The city may file notice of lien in the office of the recorder of deeds in the county in which said real estate is located or in the office of the registrar of titles of such county if the real estate affected is registered under the Torrens system. The notice of lien shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable for the service, and the date or dates when said cost and expense was incurred by the city, and shall be filed within sixty (60) days after the cost and expense is incurred. Upon the filing of a notice of lien as provided herein, the city shall have a lien upon the land described therein and upon which the illicit discharge mitigation or other service have been made to secure cost and expenses thereof and nine percent (9%) interest per year on the amount, which interest shall begin accruing sixty (60) days after the cost is incurred. G. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, city may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. H. In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the city may choose to impose alternative compensatory actions upon a violator, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, or other similar activities. VOLUME LXXII SEPTEMBER 12, 2007 660 I. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. J. Any person who has violated or continues to violate this chapter shall be liable to shall be subject to fines of not less than $1000.00 dollars per violation for each day the violation continues to exist, for a period of time not to exceed ten (10) days. K. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the city to seek cumulative remedies. Section 6. That Chapter 9.32 of the Elgin Municipal Code, 1976, as amended, entitled “Water Pollution,” be and is hereby amended by amending Section 9.32.110, entitled “Definitions,” to add the following new definitions to read as follows: PERSON: Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. PREMISES: Any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks, parkways, tree banks and parking strips. WASTEWATER: Any water or other liquid, other than uncontaminated stormwater, discharged from a facility. Section 7. That Chapter 9.32 of the Elgin Municipal Code, 1976, as amended, entitled “Water Pollution,” be and is hereby amended by creating “Article IV. Good Housekeeping Requirements,” with its attendant new sections, to read as follows: 9.32.200: DEFINITIONS: BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. INDUSTRIAL ACTIVITY: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14), as amended. SEPTEMBER 12, 2007 VOLUME LXXII 661 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT: A permit issued by the United States Environmental Protection Agency, or by the Illinois Environmental Protection Agency State under authority delegated pursuant to 33 USC § 1342(b), as amended, authorizing the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. STORMWATER POLLUTION PREVENTION PLAN (SWPP): A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. 9.32.210: REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES: A. The city shall adopt requirements identifying BMPs for any activity, operation, or facility that may cause or contribute to pollution or contamination of stormwater, the storm drain system, or waters of the United States The owner or operator of a commercial or industrial establishment shall provide, at its own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non- structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. B. The city may adopt requirements identifying appropriate BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport, and discharge of pollutants. The city shall incorporate such requirements in any land use entitlement and construction or building-related permit to be issued relative to such development or redevelopment. The owner and developer shall comply with the terms, provisions, and conditions of such land use entitlements and building permits as required in this chapter. C. Notwithstanding the presence or absence of requirements promulgated pursuant to subsections A and B of this section, any person engaged in activities or operations, or owning facilities or property which will or may result in pollutants VOLUME LXXII SEPTEMBER 12, 2007 662 entering stormwater, the storm drain system, or waters of the United States shall implement BMPs to the extent they are technologically achievable to prevent and reduce such pollutants. The owner or operator of a commercial or industrial establishment shall provide reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses. Facilities to prevent accidental discharge of prohibited materials or other wastes shall be provided and maintained at the owner’s or operator’s expense. 9.32.250: REQUIREMENTS FOR REDUCTION OF URBAN RUNOFF AT EXISTING PROPERTIES: The following good housekeeping requirements for the reduction of urban runoff shall be adhered to by all persons within the city. A. Collection, Storage and Minimization of Runoff. 1. Water used for irrigation purposes shall not be allowed to run off the premises on which the irrigation is occurring. In addition, washing down paved areas shall be prohibited unless necessary for health or safety purposes and not in violation of any other provision of this Code. 2. The uncovered outdoor storage of unsealed containers of building materials containing hazardous substances shall be prohibited in areas susceptible to runoff. B. Maintenance of Equipment. 1. Objects such as vehicle motor parts containing grease, oil or other hazardous substances, and unsealed receptacles containing hazardous materials, shall not be stored in areas susceptible to runoff. 2. Any machine which is to be repaired or maintained in an uncovered outdoor area shall be placed on a pad of absorbent material to contain leaks, spills or small discharges. 3. Machinery and equipment, including motor vehicles, which are leaking significant amounts of oil or fluid shall be repaired. C. Removal of Debris and Residue. 1. All parking lots susceptible to runoff that are used for motor vehicle parking shall be swept, at minimum, on a monthly basis to remove debris. Lots with more than ten parking spaces and all public parking facilities shall be vacuum swept, at minimum, on a quarterly basis, to remove chemical residue. However, lots are not required to be vacuum swept for one month following a day when precipitation of one-half inch or more occurs. SEPTEMBER 12, 2007 VOLUME LXXII 663 2. Fuel and chemical residue or other types of potentially harmful material, such as animal waste, garbage or batteries, which is located in an area susceptible to runoff, shall be removed immediately and disposed of properly. Household hazardous waste may be disposed of at the city's household hazardous waste collection facility or at any other appropriate disposal site and shall not be placed in a trash container. D. Prohibition on Use of Pesticides and Fungicides Banned from Manufacture. Use of any pesticide, herbicide or fungicide, the manufacture of which has been either voluntarily discontinued or prohibited by the United States Environmental Protection Agency, shall be prohibited. Section 8. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled “Sewer System,” be and is hereby amended by creating Section 14.08.005, entitled “Definitions,” to read as follows: BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. A measure used to control the adverse stormwater related effects of development, and includes structural devices (including, but not limited to, swales, filter strips, infiltration trenches, and site runoff storage basins) designed to remove pollutants, reduce runoff rates and volumes, and protect aquatic habitats, and nonstructural approaches, such as public education efforts to prevent the dumping of household chemicals into storm drains. CONSTRUCTION ACTIVITY: Activities subject to NPDES construction permits. These include construction projects resulting in land disturbance of five (5) acres or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. ENGINEER: The City Engineer of Elgin or his or her authorized representative. HAZARDOUS MATERIAL: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. PROHIBITED CONNECTION: Either of the following drains or conveyances: VOLUME LXXII SEPTEMBER 12, 2007 664 A. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or B. Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. INDUSTRIAL ACTIVITY: Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14), as amended. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): Any method of conveying surface water, including streets, gutters, ditches, swales, or any other manmade structure that alters and/or directs stormwater runoff. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT: A permit issued by the United States Environmental Protection Agency, or by the Illinois Environmental Protection Agency State under authority delegated pursuant to 33 USC § 1342(b), as amended, authorizing the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. PERSON: Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. An individual, partnership, corporation, limited liability company, unincorporated association, trust, municipal corporation, unit of local government or other government agency or authority, or any combination of any for the foregoing. POLLUTANT: Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. PROHIBITED DISCHARGE: Any direct or indirect non-stormwater discharge to the storm drain system, except those non-stormwater discharges expressly exempted in Section 9.32.010 B.1. of this chapter, as amended. SEPTEMBER 12, 2007 VOLUME LXXII 665 PREMISES: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. STORM DRAINAGE SYSTEM: Publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. STORMWATER: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. STORMWATER POLLUTION PREVENTION PLAN (SWPP): A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. WASTEWATER: Any water or other liquid, other than uncontaminated stormwater, discharged from a facility. Section 9. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled “Sewer System,” be and is hereby amended by creating Section 14.08.025, entitled “Prohibited Connections,” to read as follows: A. The construction, use, maintenance or continued existence of prohibited connections to the storm drain system is prohibited. B. This prohibition expressly includes, without limitation, prohibited connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. C. A person shall be in violation of this chapter if the person connects a line conveying sewage to the storm sewer system, or allows such a connection to continue. Section 10. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled “Sewer System,” be and is hereby amended by amending Section 14.08.030, entitled “Storm or Sanitary Sewer; Connection Permit Applications,” to read as follows: All applications for permits to connect with either the sanitary sewer or stormwater sewers shall be filed with the Public Works Director. All permits for such connections shall be in writing, signed by the Public Works Director. A record of such applications shall be kept in the office of the Public Works Director and he shall cause to be made and filed either in his office or in the office of the City Engineer an adequate and complete report of the location of such connection. VOLUME LXXII SEPTEMBER 12, 2007 666 Any person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the Director of Public Works prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan; upon inspection of the facility; during any enforcement proceeding or action; or for any other reasonable cause. Section 11. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled “Sewer System,” be and is hereby amended by creating Section 14.08.175, entitled “Suspension of Storm Sewer System Access,” to read as follows: A. The city may, without prior notice, suspend Municipal Separate Storm Sewer System (MS4) discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If that person fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. B. Any person discharging to the MS4 in violation of this chapter may have his or her MS4 access terminated if such termination would abate or reduce a prohibited discharge. The authorized enforcement agency will notify such person of the proposed termination of its MS4 access. That person may petition the authorized enforcement agency for a reconsideration and hearing. C. No person shall reinstate MS4 access to any premises terminated pursuant to this chapter without the prior approval of the authorized enforcement agency. D. The city shall be permitted to enter and inspect facilities of any person subject to regulation of this chapter to determine compliance with the provisions of this chapter. If such person has security measures in force that require proper identification and clearance before entry into its premises, that person shall make the necessary arrangements to allow access to city officials or their designated agents. 1. Facility operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law. 2. The city shall have the right to establish and maintain on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's stormwater discharge. SEPTEMBER 12, 2007 VOLUME LXXII 667 3. The city may require a facility operator to install monitoring equipment on the premises as necessary. The sampling and monitoring equipment installed at the facility shall be maintained at all times in a safe and proper operating condition by the facility operator at his or her own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. 4. Any temporary or permanent obstruction to safe and easy access to the facility at which the discharge is to be inspected and/or sampled shall be promptly removed by the facility operator at the written or oral request of the city and shall not be replaced. The costs of clearing such access shall be borne by the facility operator. 5. Any unreasonable delays in granting the city access to a permitted facility shall be a violation of the stormwater discharge permit and of this chapter. Any person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense when that person denies the city or authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter. 6. If the city has been refused access to any part of the premises from which stormwater is discharged and is able to demonstrate a reasonable basis to believe that there may be a violation of this chapter or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the city may seek the issuance of an administrative search warrant for such purposes from any court of competent jurisdiction. Section 12. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled “Sewer System,” be and is hereby amended by creating Section 14.08.177, entitled “Stormwater Discharges Associated With Industrial Activity; Construction Activity,” to read as follows: A. Any person who discharges, or causes to be discharged, stormwater associated with industrial activity without first having obtained a NPDES permit to do so, shall be guilty of an offense under this chapter. B. The operator of any facility, including construction sites, that is required to have a NPDES permit to discharge stormwater associated with industrial activity shall submit a copy of the Notice of Intent (NOI) to the city at the same time the operator submits the original Notice of Intent to the EPA, as applicable. C. The copy of the Notice of Intent may be delivered to the city in care of the Development Administrator either in person or by mailing it to: Development Administrator, Community Development Department, City of Elgin, 150 Dexter Court, Elgin, IL 60120 VOLUME LXXII SEPTEMBER 12, 2007 668 D. Any person who operates a facility that is discharging storm water associated with industrial activity without having submitted a copy of the Notice of Intent pursuant to this chapter to do so to the city shall be guilty of an offense under this chapter. E. A facility shall be operated in strict compliance with the requirements of its NPDES permit in the discharge of any stormwater associated with industrial activity. F. Any person operating a facility in violation of a requirement of the facility's NPDES permit to discharge stormwater associated with industrial activity shall be guilty of an offense under this chapter. G. The city may require any operator of a facility to modify the facility's stormwater pollution prevention plan if in the best professional judgment of the city, the SWPPP does not comply with the requirements of the facility's NPDES permit to discharge storm water associated with industrial activity. H. Any deficiencies in a facility's SWPPP shall be presented in writing to the facility operator, and the city shall give the facility operator a reasonable amount of time, not to exceed thirty (30) days, to make the necessary changes in the SWPPP. Section 13. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled “Sewer System,” be and is hereby amended by amending Section 14.08.180, entitled “Prohibited Substances,” to read as follows: It shall be unlawful for any person to leave, maintain, keep, place, throw or deposit or cause to be left, maintain, kept, thrown, placed or deposited in or upon any public or private property, driveway, parking area, alley, sidewalk, or any component of said sanitary sewer, stormwater sewer, Waters of the United States, drains, catch basins, inlets, manholes, or their connections, appurtenances or accessories, in any part thereof, any rubbish, litter, or other discarded or abandoned objects, articles, accumulations, wood, earth, stones, metal, garbage, refuse (other than sanitary matter herein permitted), dead animals or waste products of factories, stores and meat markets (except liquids herein permitted in sanitary sewers that will not injure or obstruct the same), pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater, or to discharge steam therein or permit the same to be discharged into such sewers or part thereof, so that the same may cause or contribute to pollution or break, mar or injure any such sewer or part thereof. Waste deposited in streets in proper waste receptacles for the purpose of collection shall be exempted from this prohibition. Section 14. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled “Sewer System,” be and is hereby amended by creating Section 14.08.185, entitled “Requirement to Eliminate or Secure Approval for Prohibited Connections and Prohibited Discharges,” to read as follows: SEPTEMBER 12, 2007 VOLUME LXXII 669 A. The city may require by written notice that a person responsible for a prohibited discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future prohibited discharges. B. The city manager or his designee shall report to the city council annually on the status of implementation of BMPs, the pollutants of concern to be addresses the next year, and any new BMPs to be developed. BMPs developed under this program shall be included in the city’s SWPP. C. The city may require by written notice that a person responsible for an prohibited connection to the storm drain system comply with the requirements of this chapter to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection on discharges to it had been established or approved prior to the effective date of this chapter. D. If, subsequent to eliminating a connection found to be in violation of this chapter, the responsible person can demonstrate that a prohibited discharge will no longer occur, said person may request city approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person’s expense. Section 15. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled “Sewer System,” be and is hereby amended by amending Section 14.08.210, entitled “Private Disposal System Allowed When,” to read as follows: A. Where a public sanitary or combined sewer is not available under the provisions of section 14.08.200 of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the provisions of this chapter. B. The following procedures, standards, and enforcement shall be used to manage any residential premises containing an Onsite Water and Sewage Disposal System (OWSDS) in order to promote the safety, health and general welfare of the community by ensuring the adequate disposal of sewage from homes served by an Onsite Sewage Disposal System (OSDS). It is not the intent of this regulation to cause existing systems that are currently functioning, but do not otherwise meet existing construction standards, to be brought into compliance with such standards. C. Limitations on Sale or Transfer of Property. There shall be no sale, transfer or conveyance of a parcel containing an OWSDS until the following conditions are met: 1. The grantor files an evaluation report by a Licensed Environmental Health Professional (LEHP) certified inspector; VOLUME LXXII SEPTEMBER 12, 2007 670 2. The LEHP determines, based upon such report, that the OWSDS is acceptable, or any necessary remediation is completed, or assured and accepted; and D. Evaluations 1. Each OWSDS shall be inspected and evaluated prior to the sale, transfer or conveyance of property upon which an OWSDS is located. The following transfers shall be exempt from such inspections: a. Conveyances or transfers from a spouse. b. A change in ownership initiated solely to exclude a spouse. c. Transfer or conveyance subject to life lease or life estate (until the life lease or life estate expires). d. Transfer or conveyance to effect foreclosure or forfeiture of real property. e. Transfer or conveyance by redemption from a tax sale. f. Transfer or conveyance creating or ending joint ownership if at least one person is an original owner of the property or his or her spouse. g. Transfer or conveyance to establish or release a security interest. h. Premises built within the previous twenty-four (24) months prior to date of property transfer. i. Premises that shall be demolished and shall not be occupied after the property transfer. j. New homes that have not been occupied. 2. The owner of the premises containing an OWSDS shall have the system evaluated by a certified inspector as approved by the city. After the evaluation has been completed, a report to the owner or the owner’s designated representative and any prospective purchaser shall be provided describing the functional status of the OWSDS. E. Reports of evaluations shall include, but are not limited to: 1. The address of the site. 2. The name of the owner or owner’s agent. 3. The location of the system(s). SEPTEMBER 12, 2007 VOLUME LXXII 671 4. A description of the current operational or functional status of the system(s). 5. Identification of any necessary repairs or replacement of all or portions of the system(s). 6. The results of a bacteria and nitrate drinking water test, and other water quality parameters. 7. Other relevant or unusual observations related to the system(s). 8. Recommendations to extend the life of the system(s) and to prevent the premature failure of the sewage system(s). 9. Educational material(s) about system(s) maintenance that have been approved by the Division. F. Performance Standards 1. The evaluation shall determine whether the system(s) adversely affects the public health and environment or violates any other applicable rules or regulations. 2. The evaluation shall determine whether the OSDS structure and its operational status are in substantial conformance with the standards of this Regulation. G. Registration and Certification All inspectors performing evaluations under this chapter must be LEHP or state- licensed contractors that have been certified and registered. No evaluation reports shall be accepted from and individual who is not so certified and/or licensed. H. Responsibilities of Various Parties 1. Property owners shall be responsible for hiring certified and/or licensed inspectors to perform inspections under this chapter prior to the sale of any premises that he or she owns. Property owners shall be responsible for maintaining the OWSDS on their property and shall notify the city if the inspector's evaluation report or septic tank cleaner's report indicates a failure of the system or the owner observes a failure of the system. 2. The city manager shall designate the city department or departments that shall be responsible for: a. Administering and enforcing this chapter; VOLUME LXXII SEPTEMBER 12, 2007 672 b. Maintaining the most current OWSDS evaluation report during the time period the property is being served by an OWSDS and for three (3) years thereafter; c. Maintaining a list of certified and/or inspectors qualified to perform inspections under this chapter; d. Requiring remediation by Kane County and Cook County, as applicable, where there is evidence of a system failure. e. Creating and maintaining the “street file” database of systems inspected, evaluated and remediated as well as newly installed systems. f. Establishing criteria for the inspection of OWSDS and the certification of inspectors and make such criteria and related forms available to the public. g. Requiring risers, observation ports and other features to facilitate evaluations when issuing permits that meet minimum Illinois Department of Public Heath (IDPH) requirements for installation of OWSDS. h. Issuing authorizations for sale, transfer or conveyance of property. I. Fees may be imposed by the city to cover expenses, including but not limited to overhead, labor, storage, and training. Any such fees shall be paid when inspection reports are filed with the city. All fees shall be paid before the property is transferred and before the issuance of the city’s real estate transfer stamp. J. When an OWSDS fails, the property owner, agent or other responsible party shall contact the city, the and Kane County Health Department or Cook County Health Department, depending on the county in which the affected property is located, and shall complete all repairs as required by the city and the Kane County Health Department or Cook County Health Department, as applicable. Section 16. 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 17. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. SEPTEMBER 12, 2007 VOLUME LXXII 673 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 Presented: September 12, 2007 Passed: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 13, 2007 Published: September 13, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G53-07 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE ADAPTIVE REUSE OF AN EXISTING BUILDING WITH FOUR MULTIPLE FAMILY DWELLING UNITS IN THE RC2 RESIDENTIAL CONSERVATION DISTRICT (1000 NORTH PRESTON AVENUE) 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. G53-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE ADAPTIVE REUSE OF AN EXISTING BUILDING WITH FOUR MULTIPLE FAMILY DWELLING UNITS IN THE RC2 RESIDENTIAL CONSERVATION DISTRICT (1000 North Preston Avenue) WHEREAS, written application has been made for a conditional use for a planned development which will allow the adaptive reuse of an exiting building with four multiple family dwelling units in the RC2 Residential Conservation 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. VOLUME LXXII SEPTEMBER 12, 2007 674 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 18, 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 for a planned development which will allow for the adaptive reuse of an exiting building with four condominium multiple family dwelling units in the RC2 Residential Conservation District at 1000 North Preston Avenue and legally described as follows: Lots 21 and 22 in Block 10 of the Ludlow Addition to Elgin, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 1000 North Preston Avenue). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Petitioner’s Statement of Purpose and Conformance, submitted with the development application prepared by Keith Farnham, dated June 14, 2007. 2. Substantial conformance to the Site and Floor Plans (Sheets No. T1 and A1) prepared by Christus Design Group Architects and dated March 14, 2007 (revised August 7, 2007). 3. Substantial conformance to the Building Elevations (Sheet No A3) prepared by Christus Design Group Architects and dated March 14, 2007 (revised August 7, 2007). 4. Substantial conformance to the Utility Floor Plan (Sheet No. U1) prepared by Christus Design Group Architects and dated March 14, 2007 (revised August 7, 2007). 5. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within two years from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor SEPTEMBER 12, 2007 VOLUME LXXII 675 Presented: September 12, 2007 Passed: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 13, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Hotel/Motel Tax for July, 2007 City of Elgin Sales Tax for May 2007 City of Elgin Telecommunications Tax for May 2007 Elgin Cultural Arts Commission Meeting Minutes for July 9, 2007 Human Relations Commission Meeting Minutes for May 1, 2007 and June 5, 2007 Planning and Development Commission Meeting Minutes for August 6, 2007 Zoning and Subdivision Hearing Board Meeting Minutes for July 18, 2007 Committee of the Whole Minutes for August 8, 2007 City Council Minutes for August 8, 2007 ANNOUNCEMENTS Mayor Schock issued an invitation for the community to attend Fiesta Salsa, recognized the beginning of Yom Kippur, and made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, 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 7:55 p.m. s/Diane Robertson September 26, 2007 Diane Robertson, City Clerk Date Approved