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HomeMy WebLinkAboutu - November 14, 2007 CC751 NOVEMBER 14, 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 November 14, 2007, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:50 p.m. The Invocation was given by Bette Fetter from the Church in the Word and the Pledge of Allegiance was led by Councilmember Gilliam. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE OCTOBER 24, 2007, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve the October 24, 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 Elgin Junior Woman’s Club Presentation to the Fire Department Trisha Cooper and Loretta Ravis, representing the Elgin Junior Woman’s Club, presented ten Linus blankets to the Elgin Fire Department. Chief Jack Henrici accepted the donation and thanked the group for their efforts. November 15th - America Recycles Day Proclamation Mayor Schock read a proclamation recognizing November 15 as “America Recycles Day”. Tish Powell, Public Works Department, and board members of Elgin Proud & Beautiful were present. T-shirts made from recycled pop bottles were passed out to the Council. Ms. Powell introduced the new mascots for recycling, the Dynamic Duo. VOLUME LXXII NOVEMBER 14, 2007 752 RECOGNIZE PERSONS PRESENT Kurt Koszarek, representing the Attainable Housing Alliance, expressed the group’s opposition to the City’s proposal to raise the residential impact fees in 2008. BID 07-112 AWARDED TO ALL SERVICE CONTRACTING CORPORATION FOR THE REMOVAL AND REINSTALLATION OF FILTER MEDIA IN THREE FILTERS LOCATED AT THE RIVERSIDE WATER TREATMENT PLANT Councilmember Kaptain made a motion, seconded by Councilmember Powers, to award the bid to All Service Contracting Corporation in the amount of $109,750. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-117 AWARDED TO KENNETH COMPANY FOR THE DEVELOPMENT OF COLLEGE GREEN AND GRANT SCHOOL PARKS Councilmember Figueroa made a motion, seconded by Councilmember Walters to award the bid to Kenneth Company in the amount of $397,805. Mayor Schock asked when this work would begin and Randy Reopelle answered that it would begin next month. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-121 AWARDED TO LOSURDO, INC. FOR FOOD SERVICE EQUIPMENT FOR THE HIGHLANDS GOLF COURSE CLUBHOUSE Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award the bid to Losurdo, Inc. in the amount of $46,385. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 51-06 APPROVED REQUESTING FINAL PLAT APPROVAL FOR THE TRINITY CHASE SUBDIVISION; PROPERTY LOCATED AT 3150 US ROUTE 20; BY GRAND POINTE HOMES, INC., AS APPLICANT AND OWNER Jerry Deering presented Petition 51-07. The plan includes 146 single family homes, 68 townhome units, and nine acres of commercial area. The Planning and Development Commission has recommended approval of this final plat subject to two conditions. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 51-06 subject to two conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. NOVEMBER 14, 2007 VOLUME LXXII 753 PETITION 04-07 APPROVED REQUESTING FINAL PLAT APPROVAL FOR CEDAR GROVE SUBDIVISION; PROPERTY LOCATED AT 901 CORRON ROAD; BY THE RYLAND GROUP, INC., AS APPLICANT AND OWNER Jerry Deering presented Petition 04-07. The Ryland portion of the development includes 52 single family lots and 78 townhomes. The Planning and Development Commission has recommended approval of this final plat subject to two conditions. Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to approve Petition 04-07 subject to two conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 26-07 APPROVED REQUESTING FINAL PLAT APPROVAL FOR PROVIDENCE SUBDIVISION UNIT 3D; PROPERTY LOCATED AT 3201 WATER ROAD; BY TOWN AND COUNTRY HOMES, AS APPLICANT AND OWNER Jerry Deering presented Petition 26-07. This is the final phase of the townhome development. The Planning and Development Commission has recommended this petition subject to two conditions. Councilmember Walters made a motion, seconded by Councilmember Kaptain, to approve Petition 26-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 54-07 APPROVED REQUESTING FINAL PLAT APPROVAL FOR HIGHLAND WOODS SUBDIVISION -NEIGHBORHOOD “J”; PROPERTY LOCATED AT 3660 HIGHLAND WOODS BOULEVARD; BY PINGREE LLC, AS APPLICANT AND OWNER Jerry Deering presented Petition 54-07. Neighborhood “J” includes 95 single family lots. The Planning and Development Commission has recommended this petition subject to two conditions. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 54-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-274 ADOPTED REGARDING PROPOSED GAMING LEGISLATION Corporation Counsel Cogley presented the proposed resolution regarding gaming legislation. 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 NOVEMBER 14, 2007 754 Resolution No. 07-274 RESOLUTION REGARDING GAMING LEGISLATION BEING CONSIDERED BY THE GENERAL ASSEMBLY WHEREAS, certain gaming proposals are being considered by the General Assembly in conjunction with House Bill 2035; and WHEREAS, House Bill 2035 generally amends the Riverboat Gambling Act to authorize the issuance of two additional licenses to conduct riverboat gambling, and a license to conduct land-based casino gambling in Chicago; and WHEREAS, the City of Elgin is not opposed to the proposed gaming expansion within the city of Chicago—recognizing Chicago’s stature as a first level, “world” city and that the addition of gaming to Chicago’s diverse, international economy will enhance that city’s appeal in the global marketplace; and WHEREAS, the City of Elgin is similarly not opposed to the creation of two additional riverboat gambling licenses in the outlying Chicago metropolitan area, provided the Riverboat Gambling Act’s original spirit and intent to enhance the economically depressed regions of the State is maintained in the new legislation, and provided the new legislation requires the riverboat licenses to be issued in markets that are not adequately being served by an existing riverboat casino; and WHEREAS, maintaining public confidence in the process to expand gaming in Illinois is crucial to the public’s support for whatever plan is eventually passed by the General Assembly, and the City of Elgin supports Speaker Madigan’s proposals to enhance the powers and independence of the Illinois Gaming Board; and WHEREAS, the public has accepted gaming in Illinois as a means to assist economically depressed areas of the state return to stability; and WHEREAS, the introduction of slot machines to race tracks does not serve the overarching purpose of the Riverboat Gambling Act—to enhance the economically depressed regions of the State—but rather confers a substantial benefit on a discrete industry; and WHEREAS, during this session, the Senate has already approved legislation allowing horse racing fans to bet on races in advance online, along with other provisions advantageous to the horse racing industry; and WHEREAS, the Illinois cities and regions with riverboat casinos should not be subject to cannibalization of their markets by race tracks that have been long afforded the privilege of wagering by the State; and NOVEMBER 14, 2007 VOLUME LXXII 755 WHEREAS, local residents and municipalities objecting to slot machines at horse racing tracks—such as the Village of Arlington Heights—should minimally be granted the power to disapprove of slot machines at such horse racing tracks within their corporate limits; and WHEREAS, for the foregoing reasons, the City of Elgin is opposed to any new gaming legislation authorizing slot machines or other new gaming at horse racing tracks. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ELGIN, ILLINOIS: 1. That any new gaming legislation creating additional riverboat casinos should include protections that will require the new riverboat gambling licenses to be issued in depressed economic areas of the State and in markets that are not adequately being served by an existing riverboat casino. 2. That any new gaming legislation creating additional riverboat casinos should incorporate Speaker Madigan’s proposals to enhance the powers and independence of the Illinois Gaming Board. 3. That any new gaming legislation should not authorize slot machines or other new gaming at horse racing tracks. 4. That in the event any new gaming legislation authorizes slot machines or other new gaming at horse racing tracks, such legislation should also grant local residents and municipalities the power to disapprove the placement of slot machines or other new gaming at any horse racing tracks located within their communities. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Adopted: November 14, 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. VOLUME LXXII NOVEMBER 14, 2007 756 PAYEE AMOUNT REASON Motorola Chicago, IL $29,861.79 Fire Engine Components Anderson Animal Shelter South Elgin, IL $14,800.00 Animal Shelter Services for May and June 2007 East Jordan Iron Works Detroit, MI $10,093.58 Sewer frames and lids for State Street Resurfacing Project Suburban Chicago Newspapers Tinley Park, IL $20,150.00 Hemmens advertising for August 2007 Badger Meter Milwaukee, WI $18,355.50 Water meters throughout the City CONSENT AGENDA Councilmember Powers made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G62-07 through G67-07 and adopt Resolution Nos. 07-261 through 07-273 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-261 ADOPTED SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2008 Councilmember Powers 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. 07-261 RESOLUTION SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2008 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the schedule of City Council meetings for 2008 shall be as follows: ELGIN CITY COUNCIL MEETINGS FOR 2008 Committee of the Whole January 9, 2008 6:00 PM City Council January 9, 2008 7:00 PM NOVEMBER 14, 2007 VOLUME LXXII 757 Committee of the Whole January 23, 2008 6:00 PM City Council January 23, 2008 7:00 PM Committee of the Whole February 13, 2008 6:00 PM City Council February 13, 2008 7:00 PM Committee of the Whole February 27, 2008 6:00 PM City Council February 27, 2008 7:00 PM Committee of the Whole March 12, 2008 6:00 PM City Council March 12, 2008 7:00 PM Committee of the Whole March 26, 2008 6:00 PM City Council March 26, 2008 7:00 PM Committee of the Whole April 9, 2008 6:00 PM City Council April 9, 2008 7:00 PM Committee of the Whole April 23, 2008 6:00 PM City Council April 23, 2008 7:00 PM Committee of the Whole May 14, 2008 6:00 PM City Council May 14, 2008 7:00 PM Committee of the Whole May 28, 2008 6:00 PM City Council May 28, 2008 7:00 PM Committee of the Whole June 11, 2008 6:00 PM City Council June 11, 2008 7:00 PM Committee of the Whole June 25, 2008 6:00 PM City Council June 25, 2008 7:00 PM Committee of the Whole July 9, 2008 6:00 PM City Council July 9, 2008 7:00 PM Committee of the Whole July 23, 2008 6:00 PM City Council July 23, 2008 7:00 PM Committee of the Whole August 13, 2008 6:00 PM City Council August 13, 2008 7:00 PM Committee of the Whole August 27, 2008 6:00 PM City Council August 27, 2008 7:00 PM Committee of the Whole September 10, 2008 6:00 PM City Council September 10, 2008 7:00 PM Committee of the Whole September 24, 2008 6:00 PM City Council September 24, 2008 7:00 PM Committee of the Whole October 8, 2008 6:00 PM City Council October 8, 2008 7:00 PM Committee of the Whole October 22, 2008 6:00 PM VOLUME LXXII NOVEMBER 14, 2007 758 City Council October 22, 2008 7:00 PM Committee of the Whole November 5, 2008 6:00 PM City Council November 5, 2008 7:00 PM Committee of the Whole November 19, 2008 6:00 PM City Council November 19, 2008 7:00 PM Committee of the Whole December 3, 2008 6:00 PM City Council December 3, 2008 7:00 PM Committee of the Whole December 17, 2008 6:00 PM City Council December 17, 2008 7:00 PM BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the foregoing City Council meetings shall be held in the City Council Chambers in City Hall at 150 Dexter Court, Elgin, Illinois 60120. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-262 ADOPTED AUTHORIZING EXECUTION OF AN ADOPTION AGREEMENT AND AFFIRMATIVE STATEMENT FOR AMENDMENT OF THE VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION (“ICMA-RC”) Councilmember Powers 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. NOVEMBER 14, 2007 VOLUME LXXII 759 Resolution No. 07-262 RESOLUTION AUTHORIZING EXECUTION OF AN ADOPTION AGREEMENT AND AFFIRMATIVE STATEMENT FOR AMENDMENT OF THE VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION ("ICMA-RC") 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 Affirmative Statement for Amendment of the VantageCare Retirement Health Savings (RHS) Plan with the International City Management Association Retirement Corporation ("ICMA") on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-263 ADOPTED RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (1337 DUNDEE AVENUE) Councilmember Powers 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. 07-263 RESOLUTION RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (1337 Dundee Avenue) 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 Real Estate Sales Contract on behalf of the City of Elgin with Nicholas J. Cartina and Janice M. Cartina, for the purchase of property commonly known as VOLUME LXXII NOVEMBER 14, 2007 760 1337 Dundee Avenue, Elgin, for $450,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-264 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE GRANT AGREEMENT WITH KANE-COOK COUNTY AUTO THEFT TASK FORCE Councilmember Powers 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. 07-264 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE GRANT AGREEMENT WITH KANE-COOK COUNTY AUTO THEFT TASK FORCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute Amendment #1 to the Grant Agreement with the Kane-Cook County Auto Theft Task Force on behalf of the City of Elgin for the 2007 Kane-Cook County Auto Theft Task Force, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor NOVEMBER 14, 2007 VOLUME LXXII 761 Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-265 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT Councilmember Powers 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. 07-265 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Highway Safety Project Grant in the amount of $83,211.90. BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII NOVEMBER 14, 2007 762 RESOLUTION 07-266 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT (SPEED ENFORCEMENT) Councilmember Powers 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. 07-266 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT (SPEED ENFORCEMENT) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Highway Safety Project Grant in the amount of $64,792. BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-267 ADOPTED AUTHORIZING EXECUTION OF A RIDE IN KANE- NEW FREEDOM/JARC SERVICE AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE) Councilmember Powers 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. NOVEMBER 14, 2007 VOLUME LXXII 763 Resolution No. 07-267 RESOLUTION AUTHORIZING EXECUTION OF A RIDE IN KANE-NEW FREEDOM/JARC SERVICE AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY (PACE) 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 Ride in Kane-New Freedom/JARC Service Agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority (PACE) for the Ride In Kane Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-268 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE ENGINEERING SERVICES AGREEMENT WITH BURNS AND MCDONNELL FOR THE BOWES ROAD PUMP STATION Councilmember Powers 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. 07-268 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE ENGINEERING SERVICES AGREEMENT WITH BURNS AND McDONNELL FOR THE BOWES ROAD PUMP STATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute Amendment No. 2 to the engineering services agreement on behalf of the City of Elgin with Burns and McDonnell for engineering services for the Bowes Road Pump Station, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII NOVEMBER 14, 2007 764 Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-269 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH HEY AND ASSOCIATES, INC. FOR ELGIN REGIONAL PARK IMPROVEMENTS Councilmember Powers 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. 07-269 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH HEY AND ASSOCIATES, INC. (Elgin Regional Park Improvements) 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 Hey and Associates, Inc. on behalf of the City of Elgin for the Elgin Regional Park improvements, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk NOVEMBER 14, 2007 VOLUME LXXII 765 RESOLUTION 07-270 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH HOVSTONE PROPERTIES OF ILLINOIS, L.L.C. (SUCCESSOR TO NATIONAL DEVELOPERS, INC., D/B/A TOWN & COUNTRY HOMES) (PROVIDENCE SUBDIVISION-3201 WATER ROAD) Councilmember Powers 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. 07-270 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH HOVSTONE PROPERTIES OF ILLINOIS, L.L.C. (SUCCESSOR TO NATIONAL DEVELOPERS, INC., d/b/a TOWN & COUNTRY HOMES) (Providence Subdivision-3201 Water Road) WHEREAS, the owners of certain property commonly known as Providence Subdivision at 3201 Water Road have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed First Amendment to Annexation Agreement with Hovstone Properties of Illinois, L.L.C. (Successor to National Developers, Inc., d/b/a Town & Country Homes) is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the First Amendment to Annexation Agreement with Hovstone Properties of Illinois, L.L.C., a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII NOVEMBER 14, 2007 766 ORDINANCE G62-07 PASSED AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G31-03 FOR CERTAIN TERRITORY (PROVIDENCE SUBDIVISION UNIT 3D-3201 WATER ROAD) Councilmember Powers 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. G62-07 AN ORDINANCE AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G31-03 FOR CERTAIN TERRITORY (Providence Subdivision Unit 3D – 3201 Water Road) WHEREAS, the territory herein described has been annexed to the City of Elgin and classified in the PMFR Planned Multiple Family Residence District; and WHEREAS, written application has been made to amend PMFR Planned Multiple Family Residence District Ordinance G31-03 to modify the development plan and to allow construction of a new attached single family housing product for certain territory, being Unit 3D of Providence Subdivision; 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 February 19, 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 a development plan for certain territory in the PMFR Planned Multiple Family Residence District, being Unit 3D of Providence Subdivision, which will permit the construction of attached single family housing at 3201 Water Road, and legally described as follows: That part of the Southeast Quarter of Section 19, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at the Northwest Corner of Providence – Unit 3A per Document 2005K069830 (the following three courses are along the boundary line of said Providence – Unit NOVEMBER 14, 2007 VOLUME LXXII 767 3A); Thence South 00 Degrees 07 Minutes 40 Seconds East, 225.00 feet; Thence North 89 Degrees, 54 Minutes, 09 Seconds East, 130.00 feet; Thence South 00 Degrees, 07 Minutes, 40 Seconds East331.42 feet; Thence South 89 Degrees, 52 Minutes, 20 Seconds West along said boundary line of Providence – Unit 3A and Providence – Unit 3B per Document 2005K069831 a distance of 857.13 feet to the Southeast Corner of Providence – Unit 3C per Document No. 2005K069832; Thence North 00 Degrees, 05 Minutes, 09 Seconds West along the Easterly boundary line of said Providence – Unit 3C, 587.87 feet to the Southerly boundary line of Copper Springs per Document 2004K147283; Thence North 89 Degrees, 54 Minutes, 09 Seconds East along said Southerly Line and the Southerly Boundary Line of Providence – Unit 2A per Document 2005K128249 a distance of, 726.70 feet to the Point of Beginning, in the City of Elgin, Kane County, Illinois (property commonly known as 3201 Water Road) Be and is hereby granted subject to the following conditions: 1. Substantial conformance to the planned development plan for Providence – Unit 3D, prepared by Hitchcock Design Group, dated November, 2006; and the building elevation drawings submitted by Town & Country Homes. 2. Conformance with all applicable codes and ordinances. Section 3. That except as amended herein, the use and development of the Subject Property shall be controlled pursuant to the provisions of Ordinance No. G31-03. 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: November 14, 2007 Passed: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 15, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII NOVEMBER 14, 2007 768 ORDINANCE G63-07 PASSED AMENDING ORDINANCE NO. 24-00 CLASSIFYING PROPERTY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT AND GRANTING A CONDITIONAL USE TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION, A DRINKING PLACE AND A NIGHT CLUB, IN THIS PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT 1550 NORTH RANDALL ROAD) Councilmember Powers 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. G63-07 AN ORDINANCE AMENDING ORDINANCE NO G24-00 CLASSIFYING PROPERTY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT AND GRANTING A CONDITIONAL USE TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION, A DRINKING PLACE AND A NIGHT CLUB, IN THIS PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1550 North Randall Road) WHEREAS, written application has been made to amend the PORI Planned Office Research Industrial District Ordinance G24-00; and grant a conditional use to permit the construction of a building addition, a drinking place and a night club in this PORI district and the ARC Arterial Road Corridor Overlay District. WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified; and WHEREAS, the City Council has reviewed the findings and recommendation of the Planning and Development Commission and concurs in such recommendations. 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 20, 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. G13-07 entitled “An Ordinance Granting a Conditional Use” the PORI Planned Office Research Industrial District”, passed February 17, 2007, be and is hereby repealed. NOVEMBER 14, 2007 VOLUME LXXII 769 Section 3. That Ordinance No. G24-00, entitled “An Ordinance Classifying Property in the PORI Planned Office Research Industrial District”, passed May 10, 2000, be and hereby is amended in its entirety as set forth in the following provisions of this ordinance. Section 4. That Chapter 19.08, Section 19.08.020 entitled “Zoning District Map”, of the Elgin Municipal Code, as amended, be the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PORI Planned Office Research Industrial District, the following described property: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 59 MINUTES 41 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER; 558.11 FEET; THENCE SOUTH 0 DEGREES 54 MINUTES 10 SECONDS WEST, 250.01 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0 DEGREES 54 MINUTES 10 SECONDS WEST, 685.32 FEET; THENCE SOUTH 89 DEGREES 42 MINUTES 41 SECONDS EAST, 440.20 FEET; THENCE NORTH 0 DEGREES 30 MINUTES 56 SECONDS EAST, 28.40 FEET; THENCE SOUTH 89 DEGREES 43 MINUTES 05 SECONDS EAST, 124.58 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 0 DEGREES 28 MINUTES 53 SECONDS EAST ALONG SAID EAST LINE, 659.69 FEET;THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, 559.94 FEET TO THE POINT OF BEGINNING (EXCEPT THE EAST 62.0 FEET TAKEN FOR HIGHWAY PURPOSES), IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS (PROPERTY IS COMMONLY KNOWN AS 1550 NORTH RANDALL ROAD) A. Purpose and Intent. The purpose of the PORI Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19.60, Planned Developments. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI 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, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. VOLUME LXXII NOVEMBER 14, 2007 770 C. General Provisions. In this PORI 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, as amended. D. Zoning Districts. - Generally. In this PORI 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, as amended. E. Land Use. In this PORI 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, as amended. The following enumerated “land uses” (SR) shall be the only land uses allowed as a “permitted use” (SR) as a “conditional use” (SR), or as a “similar use” (SR) in this PORI district. Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PORT zoning district: Municipal Services Division. 1. Public parks, recreation, open space (UNCL) on a zoning lot” [SR] containing less than two acres of land. Offices Division. 2 . “Offices” [ (IJNCL) Finance, Insurance, and Real Estate Division. 3. ‘Development sales offices” [ SR] (UNCL) 4. Finance, insurance, and real estate (H). Services Division. 5. Automatic teller machine. 6. Bakeries (5461) 7. Banks, savings and loans and other savings and financial institutions (H) - 8. Barber shops (7241) 9. Beauty shops (7231) 10. “Car washes’ (SR), subject to the provision of Section F. of this ordinance. 11. Conference facility (UNCL) 12. Convention center (UNCL) 13. Child day care facilities (8351) 14. Dry cleaning facility (7215) 15. Exhibition center (7999) 16. Membership sports and recreation clubs (7997) 17. Offices (UNCL) 18. Physical fitness centers (7991) 19. Sports and recreation facility (7997) 20. Advertising (731) 21. “Bed and breakfast inns” [SR] (7011) 22. Carpet and upholstery cleaning agents without plants on the premises (7217) 23. Commercial, economic, sociological, and educational research (8732) NOVEMBER 14, 2007 VOLUME LXXII 771 24. Commercial physical and biological research (8731) 25. Computer programming, data processing, and other computer related services (737) 26. Computer rental and leasing (7377) 27. Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732) 28. Detective and guard services (7381) 29. Electrical and electronic repair shops (7629) 30. Engineering, accounting, research, management, and related services (87) 31. Home health care services (808) 32. “Hotels and motels” [SR] (701). 33. Job training and vocational rehabilitation services (833) 34. Legal services (811). 35. Libraries (823) 36. Linen supply (7213) 37. Mailing, reproduction, commercial art and photography, and stenographic services (733) 38. Management and public relations services (874) 39. Medical and dental laboratories (807) 40. Membership organizations (86) 41. Motion picture distribution and allied services (782) 42. Motion picture production and allied services (781). 43. News syndicates (7383) 44. Noncommercial research organizations (8733) 45. Offices and clinics of dentists (802) 46. Offices and clinics of doctors of medicine (801). 47. Offices and clinics of doctors of osteopathy (803). 48. Offices and clinics of other health practitioners (804) 49. Other schools and educational services (829) 50. Outdoor advertising services (7312) 51. Personnel supply services (736) 52. Photofinishing laboratories (7384) 53. Physical fitness facilities (7991). 54. Professional sports operators and promoters (7941) 55. Refrigerator and air conditioning service and repair (7623) 56. Reupholstery and furniture repair (764) 57. Security systems services (7382) 58. Tax return preparation services (7291) 59. Testing laboratories (8734) 60. Theatrical producers (792) 61. Vocational schools (824) 62. Watch, clock, and jewelry repair (763) Retail Trade Division. 63. Bookstores (5942). 64. Carry-out restaurants (5812), subject to the provisions of Section F. of this ordinance. 65. Coffee stands (5812) VOLUME LXXII NOVEMBER 14, 2007 772 66. Convenience stores (5411), subject to the provisions of Section F. of this ordinance. 67. Drug stores (5912) 68. Eating Places (5812), subject to the provisions of Section F. of this ordinance. 69. Florists (5992) 70. Gift/card shop (5947) 71. ‘Motor vehicle service station” (SR), subject to the provisions of Section F. of this ordinance. 72. Newsstand (5994). 73. News dealers (5994). 74. Outdoor eating and drinking facilities (5813) 75. Tobacco stores (5993) 76. Automatic merchandising machine operators (5962) 77. Catalog and mail order houses (5961) 78. Direct selling establishments (5963) Agricultural Division. 79. Crop services (072) 80. Farm labor and management services (076) 81. Landscape counseling and planning (0781) 82. Soil preparation services (071). Construction Division. 83. ‘Contractor’s office and equipment areas” [SR] (UNCL) Manufacturing Division. 84. Apparel and other finished products made from fabrics and similar materials (23) 85. Computer and office equipment (357) 86. Electronic and other electrical equipment and components (36) 87. Fabricated metal products (34) 88. Furniture and fixtures (25) 89. Industrial and commercial machinery and equipment (35) 90. Leather and leather products (31) 91. Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; and watches and clocks (38) 92. Primary metal industries (33) 93. Printing, publishing, and allied industries (27). 94. Stone, clay, glass and concrete products (32) 95. Tobacco products (21) 96. Transportation equipment (37) Wholesale Trade Division. 97. Apparel piece goods and notions (513) 98. Beer, wine and distilled alcoholic beverages (518) 99. Drugs, drug proprietaries and druggists’ sundries (512) 100. Chemicals and allied products (516) 101. Electrical goods (506) 102. Farm product raw materials (515). 103. Furniture and home furnishings (502). NOVEMBER 14, 2007 VOLUME LXXII 773 104. Groceries and related products (514) 105. Hardware, and plumbing and heating equipment and supplies (507) 106. Lumber and other construction materials (503) 107. Machinery, equipment, and supplies (508) 108. Metals and minerals, except petroleum (505) 109. Intentionally omitted. 110. Paper and paper products (511) 111. Petroleum and petroleum products (517) 112. Professional and commercial equipment and supplies (504) Transportation, Communication and Utilities Division. 113. “Amateur radio antennas” [SR] (UNCL) 114. Arrangement of passenger transportation (472). 115. Arrangement of transportation of freight and cargo (473) 116. Branch United States post offices (4311) 117. Bus charter service operators offices (414) 118. Cable and other pay television services (484) 119. Communication services not elsewhere classified (489) 120. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL) 121. “Commercial Antenna Tower” [SR] (UNCL) 122. Courier services (4215). 123. Freight forwarding in general (4731). 124. Intercity and rural bus transportation operators’ offices (413) 125. Local and suburban passenger transportation operators’ offices (411) 126. Natural gas transmission and distribution (4922) (4924) 127. Packing and crating (4783) 128. “Radio and television antennas” [SR] (UNCL) 129. Radio and television broadcasting stations (483). 130. Railroad operators’ offices (401) 131. “Satellite dish antennas” [SR] (LTNCL) 132. School bus operators’ offices (415). 133. Taxicab operators’ offices (412). 134. Telegraph and other message communications (482) 135. Telephone communications (481) 136. “Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains and valves” [SR] (UNCL) Miscellaneous Uses Division. Miscellaneous Uses Division. 137. Drive through facilities [SR], subject to the provisions of Chapter 19.45, Off Street Parking. 138. “Fences and walls” [SR] (UNCL) 139. “Loading facilities” [SR] (UNCL) , exclusively “accessory” [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.47, Off Street Loading. VOLUME LXXII NOVEMBER 14, 2007 774 140. “Parking lots” [SR] (UNCL) , exclusively “accessory” [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.45, Off Street Parking. 141. “Parking structures” [SR] (UNCL) / exclusively “accessory” [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.45, Off Street Parking. 142. “Refuse collection area” [SR] 143. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 144. “Storage Tanks” [SR] (UNCL) 145. “Temporary uses” [SR] (UNCL) 146. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 147. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PORI zoning district: Municipal Services Division. 1. “Municipal facilities” [ (TJNCL) on a zoning lot containing less than two acres of land. Public Administration Division. 2. Public administration (J) on a zoning lot containing less than two acres of land. Services Division. 3. Armored car service (7381). 4. Carpet or rug cleaning, dying, or repairing plants (7217) 5. Child day care services (835) 6. Dry cleaning plants (7216) 7. Individual and family social services (832) 8. Industrial launderers (7218) 9. Power laundries (7211) 10. Truck route laundry and dry cleaning not operated by laundries or cleaners (7212) Retail Trade Division. 11. Drinking places (alcoholic beverages) (5813). 12. “Outdoor eating and drinking facilities” [SR] (UNCL) Mining Division. 13. “Temporary mining” [SR] (UNCL) Manufacturing Division. 14. Chemicals and allied products (28) 15. Food and kindred products (20) 16. Lumber and wood products (24) 17. Paper and allied products (26) 18. Petroleum refining and related industries (29) 19. Rubber and miscellaneous plastics products (30). 20. Textile mill products (22). NOVEMBER 14, 2007 VOLUME LXXII 775 Transportation, Communication and Utilities Division. 21. “Conditional commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL) 22. “Conditional Commercial Antenna Tower” [SR] (UNCL) 23. Heliports (458) 24. Natural gas storage. 25. “Other radio and television antennas” [SR] (UNCL) 26. “Other satellite dish antennas” [ (UI 27. Pipelines, except natural gas (461) 28. Public warehousing and storage (422) 29. Railroad tracks (401). 30. ‘Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL) 31. Water transportation (44). Miscellaneous Uses Division. 32. “Commercial operations yard” [SR] (UNCL) 33. “Master signage plan” [SR] subject to the provisions of Chapter 19.50, Signs. 34. “Parking lots” [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 35. “Parking structures” [SR], subject to the provisions of Chapter 19.45, Off- Street Parking. 36. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 37. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 38. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.10.400, Component Land Uses. 39. “Accessory package liquor sales establishment” [SR] (UNCL) Similar Uses. The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the PORI Office Research Industrial District or in a less restrictive zoning district, pursuant to Section 19.10.400 H. Classification of Land Uses: Services Division. 1. Business services not elsewhere classified (7389) 2. Laundry and garment services not elsewhere classified (7219) 3. Miscellaneous health and allied services not elsewhere classified (809) 4. Miscellaneous personal services not elsewhere classified (7299) 5. Miscellaneous repair shops and related services (769) 6. Services not elsewhere classified (899) 7. Social services not elsewhere classified (839) Manufacturing Division. 8. Miscellaneous manufacturing industries (39). Transportation, Communication and Utilities Division. VOLUME LXXII NOVEMBER 14, 2007 776 9. Transportation services not elsewhere classified (4789) F. Special Limitations as to Certain Uses. In modification to the provisions of Section E of this ordinance: 1. There shall be a maximum of one motor vehicle service station, which may be located on Lot 1 only. The general layout of the mini-mart on Lot 1 as shown on the Site Plan entitled Paul Commerce Center, prepared by CE Design, Ltd., and dated November 24, 1998 (revision date of 01-26- 00) is for illustration purposes only. The motor vehicle service station may have a convenience store (“mini-mart”) or a car wash (attached or detached) incorporated on Lot 1. No car wash shall be established without a motor vehicle service station. 2. There shall be a maximum of one freestanding “fastfood” restaurant. An additional fast food’ restaurant shall also be allowed within the same structure containing a so-called “mini-mart’ service station/or convenience store. “Fast food” shall have its customary and traditional meaning, encompassing restaurants such as Taco Bell, Wand’s McDonald” Kentucky Fried Chicken, etc. 3. The design of any “mini-mart” motor vehicle service station or of any freestanding “fast food” restaurant shall be subject to staff design review and approval by a “Design Review Committee” composed of the City’s Community Development Manager, its Code Administration Director, and its Economic Development Director, which approval: (a) shall not be unreasonably withheld, conditioned or delayed; (b) shall be guided by the principles as follows: To the extent practicable and feasible, the main buildings composing such facilities shall be of masonry construction. The colors of the building and other structures shall not be such as to constitute attention-getting devices, but shall, instead, be compatible with the nearby “corporate facilities” located to the north along the east and west sides of Randall Road in order not to detract from the “corporate” image along this thoroughfare. Attention-getting colors shall be limited to permitted signage. In applying these standards, the Design Review Committee (and the Elgin City Council) shall take into consideration designs for such facilities which have been accepted or utilized by national petroleum marketing companies and national fast-food chains elsewhere in the mid-west United States. It is the intention of the parties that the Design Review Committee shall not, without Applicants consent, require a design which is not in usage by such a facilities elsewhere in the mid-west United States. At the request of the owner, the decision of the Design Review Committee shall be subject to appeal to the City Council. NOVEMBER 14, 2007 VOLUME LXXII 777 G. Site Design. In this PORI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Municipal Code, as amended, except as may be otherwise provided in this section. In this PORI zoning district, the site design regulations shall be in substantial conformance with the standard regulations of the ORI Office Research Industrial District except as follows: 1. The building and vehicle use area setbacks shall be in substantial conformance with the setbacks indicated on the Site Plan entitled Paul Commerce Center, prepared by CE Design, Ltd., and dated November 24, 1998 (revision date of 01-26-00) , except for a “mini-mart” motor vehicle service station. 2. In the event that a mini-mart” motor vehicle service station is to be established on Lot 1, as shown on the Site Plan entitled Paul Commerce Center, prepared by CE Design, Ltd., and dated November 24, 1998 (revision date of 01-26-00) / (a) the vehicle use set back shall be reduced from 37 feet to 30 feet along the Randall Road right-of- way, but compensatory landscaping shall be installed within said reduced setback; and (b) the setbacks applicable to the pumps and canopy shall be reduced to 30 feet along the Randall Road right-of- way; 3. The design of any “mini-mart” motor vehicle service station or of any freestanding “fast food” restaurant shall be subject to staff design review and approval by a “Design Review Committee” composed of the City’s Community Development Manager, its Code Administration Director, and its Economic Development Director, pursuant to the provisions of Section F. 3. 4. There shall be no building setbacks or vehicle use setbacks with respect to the common boundaries between any of the lots of record within the subdivision. The intent is to allow the entire property subject to this ordinance to be developed as a single zoning lot. 5. A single, private access to and from the Subject Property to Randall Road shall be permitted as shown on the Approved Site Plan. Additionally, upon the construction of Capital Drive adjacent to the westerly boundary of the Subject Property, not less than two (2) curb- cuts shall be permitted to service the Subject Property. 6. At the time a building permit is sought for the development of any lot, a landscape plan and signage plan conforming to the requirements of the City shall be submitted. The following supplementary site design conditions shall also apply to the use and development of the Sports Barn and Grill within this PORI zoning district: 1. Substantial conformance to the Statement of Purpose and Conformance dated August 4, 2006. VOLUME LXXII NOVEMBER 14, 2007 778 2. Substantial conformance to the proposed Site and Building Improvements for the Sports Barn and Grill, encompassing the Site Plan (Sheet C1, dated April 27, 2007); Building Elevations (Sheets A1, A2, A3, and A4, revised July 30, 2007); First, Second and Third Floor Plans (Sheets A3, A4, and A5, dated November 30, 2006; Directional Sign (dated June 15, 2007); Photometric Plan (prepared by KSA, dated June 5, 2007), prepared by William M. Brown and Associates, with revisions as required by the Community Development Group. 3. Substantial conformance to the proposed Landscape Plan, prepared by Trinity Landscape, dated May 2, 2007, with revisions as required by the Community Development Group. 4. Compliance with all other applicable codes and ordinances. H. Off Street Parking. In this PORI zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as may be amended. I. Off Street Loading. In this PORI zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as may be amended. J. Signs. In this PORI zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, as may be amended. K. Nonconforming Uses and Structures. In this PORI zoning district, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52, Nonconforming Uses and Structures, of the Elgin Municipal Code, as may be amended. L. Planned Developments. This PORI zoning district shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, as may be amended. A conditional use for a planned development may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. M. Conditional Uses. In this PORI zoning district, conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, as may be amended. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied, subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as NOVEMBER 14, 2007 VOLUME LXXII 779 may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI 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 provision of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, as may be amended. Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Passed: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 15, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G64-07 PASSED AMENDING ORDINANCE NO. G51-07 ESTABLISHING A PAY PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN Councilmember Powers 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. G64-07 AN ORDINANCE AMENDING ORDINANCE NO. G51-07 ESTABLISHING A PAY PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 1 of Ordinance G51-07 be and is hereby amended by adding the following additional listing under Pay Grade 819: “Assignment of Assistant to Police Chief for Office of Professional Standards.” VOLUME LXXII NOVEMBER 14, 2007 780 Section 2. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect as of August 15, 2007. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Passed: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 15, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-271 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH TERRACON CONSULTING ENGINEERS & SCIENTISTS, INC. FOR PROFESSIONAL SERVICES IN THE NORTH GROVE RESIDENTIAL REDEVELOPMENT AREA AT 40 ANN STREET Councilmember Powers 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. 07-271 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TERRACON CONSULTING ENGINEERS & SCIENTISTS, INC. FOR PROFESSIONAL SERVICES IN THE NORTH GROVE RESIDENTIAL REDEVELOPMENT AREA AT 40 ANN STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Terracon Consultants, Inc. for professional services in conjunction with the City’s environmental analysis and remediation of property in the North NOVEMBER 14, 2007 VOLUME LXXII 781 Grove Redevelopment Area at 40 Ann Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-272 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH TERRACON CONSULTING ENGINEERS & SCIENTISTS, INC. FOR PROFESSIONAL SERVICES IN THE NORTH GROVE RESIDENTIAL REDEVELOPMENT AREA AT 20 JEFFERSON AVENUE AND 464 MCBRIDE STREET Councilmember Powers 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. 07-272 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TERRACON CONSULTING ENGINEERS & SCIENTISTS, INC. FOR PROFESSIONAL SERVICES IN THE NORTH GROVE RESIDENTIAL REDEVELOPMENT AREA AT 20 JEFFERSON AVENUE AND 464 McBRIDE STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Terracon Consultants, Inc. for professional services in conjunction with the City’s environmental analysis and remediation of property in the North VOLUME LXXII NOVEMBER 14, 2007 782 Grove Redevelopment Area at 20 Jefferson Avenue and 464 McBride Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G65-07 PASSED AMENDING ORDINANCE G115-04 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED SINGLE FAMILY RESIDENCE DISTRICT-WILLIAMS SOUTH PARCEL (HPI-L.L.C., EAST ASSEMBLAGE – 3750 AND 3751 WEST HIGHLAND AVENUE) Councilmember Powers 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. G65-07 AN ORDINANCE AMENDING ORDINANCE G115-04 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED SINGLE FAMILY RESIDENCE DISTRICT Williams South Parcel (HPI – L.L.C, East Assemblage – 3750 and 3751 West Highland Avenue) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to amend Ordinance No. G115-04, entitled “An Ordinance Classifying Newly Annexed Territory in the PSFR2 Planned Single Family Residence District”; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and NOVEMBER 14, 2007 VOLUME LXXII 783 WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and 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 PCF Planned Community Facility District, the following described property: Those areas on the attached zoning map for Highland Woods, prepared by Cemcon, Ltd., dated November 5, 2007, and designated in the PCF Planned Single Family Residence District. Section 2. That the development of this PCF Planned Community Facility District as described in Section 1 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or on a not for profit basis. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. D. Zoning Districts -Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, VOLUME LXXII NOVEMBER 14, 2007 784 but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PCF zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Community Facility District: Municipal Services Division. 1. "Municipal facilities" [SR] (UNCL). 2. "Public parks, recreation, open space" [SR] (UNCL). Public Administration Division. 3. Public administration (J). 4. Justice, public order, and safety (92). Finance, Insurance, and Real Estate Division. 5. "Development sales office" [SR] (UNCL). Construction Division. 6. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 7. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 8. "Radio and television antennas" [SR] (UNCL). 9. "Satellite dish antennas" [SR] (UNCL). 10. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 11. "Fences and walls" [SR] (UNCL). 12. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 13. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 14. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 15. "Refuse collection area" [SR]. 16. "Storage Tanks" [SR] (UNCL). 17. "Street Graphics" [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics. 18. "Temporary uses" [SR] (UNCL). 19. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. NOVEMBER 14, 2007 VOLUME LXXII 785 20. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Mining Division. 1. "Temporary mining" [SR] (UNCL). Transportation, Communication and Utilities Division. 2. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 3. "Conditional Commercial Antenna Tower" [SR] (UNCL). 4. "Other radio and television antennas" [SR] (UNCL). 5. "Other satellite dish antennas" [SR] (UNCL). 6. Pipelines, except natural gas (461). 7. Refuse systems (4953). 8. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 9. "Program for graphics" [SR], subject to the provisions of Chapter 19.50, Signs. 10. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 11. "Parking structures" [SR] (UNCL). 12. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 13. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 14. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PCF district, the use and development of land and structures located on the publicly owned park sites shall be subject to the following conditions: 1. Zoning Lots - Generally. In this PCF zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots Clarifications and Exceptions. VOLUME LXXII NOVEMBER 14, 2007 786 2. Lot Area. In this PCF zoning district, the minimum required "zoning lot area" [SR] shall be 20,000 square feet. 3. Lot Width. In this PCF zoning district, the minimum required "lot width" [SR] for a zoning lot shall be 125 linear feet. 4. Setbacks - Generally. In this PCF zoning district, "setbacks" [SR] shall be subject to the provisions of Section 19.12.400, Setbacks Clarifications and Exceptions. 5. Setbacks by Lot Line. In this PCF zoning district, all existing setbacks located on the park site shall be considered lawful conforming setbacks. Any new structure shall be developed in conformance with the following requirements: a. Building Setbacks. 1. Street Setback. The minimum required building setback from a "street lot line" [SR] shall be calculated as follows: Street setback (StS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000019428; the product plus 25 linear feet. Minimum street setback can be expressed by the following formula: StS = [(ZLA 20,000) x .000019428] + 25. 2. Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be calculated as follows: Interior setback (IS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000015542; the product plus five linear feet. Minimum interior setback can be expressed by the following formula: IS = [(ZLA 20,000) x .000015542] + 5. 3. Transition Setback. The minimum required building setback from a "transition lot line" [SR] shall be calculated as follows: Transition setback (TS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000038856; the product plus 50 linear feet. Minimum transition setback can be expressed by the following formula: TS = [(ZLA 20,000) x .000038856] + 50. b. Vehicle Use Area Setbacks. 1. Street Setback. For zoning lots with a "vehicle use area" [SR], the minimum required vehicle use area setback from a street lot line shall be calculated as follows: Vehicle use area street setback (VUAStS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .000013211; the product plus eight linear feet. Minimum vehicle use area setback can be expressed by the following formula: VUAStS = [(ZLA 20,000) x .000013211] + 8. NOVEMBER 14, 2007 VOLUME LXXII 787 2. Interior Setback. For zoning lots with a vehicle use area, the minimum required vehicle use area setback from an interior lot line shall be six linear feet. 6. Accessory Structures and Buildings. In this PCF zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 7. Yards - Generally. In this PCF zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] or a "transition landscape yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards. 8. Landscape Yards. In this PCF zoning district, landscape yards shall be as follows: a. Transition Landscape Yards. A "transition landscape yard" [SR] shall be provided adjoining the entire length of a transition lot line. Transition landscape yards shall be subject to the provisions of Section 19.12.700, Landscaping. The depth of the transition landscape yard shall be one half of the required transition setback calculated in Section 19.30.135, E., c. Transition Setback. b. Vehicle Use Area Landscape Yards. The yards established by vehicle use area setbacks from a street lot line and from an interior lot line shall be used as "vehicle use area landscape yards" [SR] with the exception of access driveways as provided in Section 19.45.100, Access Driveways to a Public Right of Way and Section 19.45.110, Size of Driveways. Vehicle use area landscape yards shall be subject to the provisions of Section 19.12.700, Landscaping. c. Interior Landscape Yards. "Interior landscape yards" [SR] shall be installed on a zoning lot featuring a "vehicle use area" [SR], which exceeds 5,000 square feet in area, subject to the provisions of Section 19.12.700, Landscaping. 9. Floor Area. In this PCF zoning district, the maximum "floor area" [SR] for a zoning lot shall be calculated as follows: Floor area (FA) in square feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .4985; the product plus 12,000 square feet. Maximum floor area can be expressed by the following formula: FA = [(ZLA 20,000) x .4985] + 12,000. 10. Building Coverage. In this PCF zoning district, the maximum "building coverage" (SR) for a zoning lot shall be calculated as follows: Building coverage (BC) in square feet shall equal the area of a zoning lot (ZLA) in square feet minus 20,000 square feet; the difference times .4016; the product plus 6,000 square feet. Maximum building coverage can be expressed by the following formula: BC = [(ZLA 20,000) x .4016] + 6,000. 11. Landscaping. In this PCF zoning district, the use and development of land and structures shall be subject to substantial conformance to the VOLUME LXXII NOVEMBER 14, 2007 788 Community Thematics representations for parks, and open space and trails in the Highland Woods, Crown Community Development binder, no date. 12. Supplementary Conditions. In this PCF zoning district, the use and development of land and structures shall also be subject to substantial conformance to the Highland Woods, Crown Community Development binder, no date, encompassing the following documents: a. Community Thematics, no date. b. Preliminary Plat of Highland Woods Williams Property/Neighborhood “J”, prepared by Cemcon, Ltd., dated July 7, 2006. c. Preliminary Engineering Plan of Highland Woods Williams Property/Neighborhood “J”, prepared by Cemcon, Ltd., dated July 7, 2006 e. Declaration of Covenants and Restrictions for Highland Woods Homeowners Association, to be recorded for the subject property, no date. H. Off-Street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-Street Loading. In this PCF zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. Until the developer has sold all homes within the subject development, the developer shall be allowed to maintain a uniformly designed system of onsite directional and informational signs located on parkways within public rights-of-way, within the development, to provide directions and information on model homes and neighborhood amenities. One billboard type sign no more than twelve (12) feet in height and containing no more than one hundred twenty-eight (128) square feet per side shall be allowed along each of the Highland Avenue, Coombs Road and Route 20 frontages of the development, located outside of any public right-of- way. Design and placement of the signs shall be subject to the review and approval of the city’s development administrator. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. In this PCF zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned NOVEMBER 14, 2007 VOLUME LXXII 789 Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation 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 in this PCF zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII NOVEMBER 14, 2007 790 Presented: November 14, 2007 Passed: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 15, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G66-07 PASSED AMENDING ORDINANCE G115-04 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT-WILLIAMS SOUTH PARCEL (HPI-L.L.C., EAST ASSEMBLAGE – 3750 AND 3751 WEST HIGHLAND AVENUE) Councilmember Powers 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. G66-07 AN ORDINANCE AMENDING ORDINANCE G115-04 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT Williams South Parcel (HPI – L.L.C, East Assemblage – 3750 and 3751 West Highland Avenue) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to amend Ordinance No. G115-04, entitled “An Ordinance Classifying Newly Annexed Territory in the PSFR2 Planned Single Family Residence District”; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing 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: NOVEMBER 14, 2007 VOLUME LXXII 791 Section 1. 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 PSFR2 Planned Single Family Residence District, the following described property: Those areas on the attached zoning map for Highland Woods, prepared by Cemcon, Ltd., dated November 5, 2007, and designated in the PSFR2 Planned Single Family Residence District. Section 2. That the development of this PSFR2 Planned Single Family Residence District as described in Section 1 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential 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 PSFR2 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 PSFR2 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 PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 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 PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal VOLUME LXXII NOVEMBER 14, 2007 792 Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). 14. “Street Graphics” [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 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 “conditional use” [SR] in this PSFR2 zoning district: Residences Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. NOVEMBER 14, 2007 VOLUME LXXII 793 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Amateur radio antennas” [SR] (UNCL). 4. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. “Commercial antenna tower” [SR] (UNCL) 6. “Other radio and television antennas” [SR] (UNCL). 7. “Other satellite dish antennas” [SR] (UNCL). 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Program for Graphics” [SR], subject to the provisions of Chapter 19.50, Street Graphics. 12. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 13. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 14. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the following conditions: 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions, of the Elgin Zoning Ordinance. 2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be 12,000 square feet per dwelling unit. The minimum required lot area for a zoning lot shall be 12,000 square feet for all “through lots” [SR] and for all “corner lots” [SR]. 3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall be eighty (80) linear feet. The minimum required “lot width” [SR] for a zoning lot shall be ninety-five (95) linear feet for “corner lots” [SR]. 4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR] shall be subject to the provisions of the Elgin Zoning Ordinance, Section 19.12.400, Setbacks - Clarifications and Exceptions VOLUME LXXII NOVEMBER 14, 2007 794 5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Local Street Setback. Where a zoning lot has frontage on a local street, the minimum required setback for a building from a street lot line shall be twenty-five (25) linear feet. b. Side Setback. The minimum required building setback from a “side lot line” [SR] shall be seven and one-half (7½) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than fifteen (15) linear feet. c. Interior Setback. The minimum required building setback from an “interior lot line” [SR] shall be seven and one-half (7½) linear feet. d. Rear Setback. The minimum required building setback from a “rear lot line” [SR] shall be thirty (30) linear feet. 6. Accessory Structures and Buildings. In this PSFR2 zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance. 8. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.40 (40%). 9. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.10 (10%). 10. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand four hundred (1,400) square feet. 11. Landscaping. In this PSFR2 zoning district, each zoning lot shall be developed in substantial conformance to the landscape plans specified in the Highland Woods Design Guidelines which mandate installation of live plant material costing at least 1.5 percent of the combined home and lot price. 12. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to substantial conformance to the Highland Woods, Crown Community Development binder, no date, encompassing the following documents: a. Community Thematics, no date. b. Representative Home Styles, Single Family Detached no date. c. Preliminary Plat of Highland Woods Williams Property/Neighborhood “J”, prepared by Cemcon, Ltd., dated July 7, 2006. NOVEMBER 14, 2007 VOLUME LXXII 795 d. Preliminary Engineering Plan of Highland Woods Williams Property/Neighborhood “J”, prepared by Cemcon, Ltd., dated July 7, 2006 e. Declaration of Covenants and Restrictions for Highland Woods Homeowners Association, to be recorded for the subject property, no date. f. Single Family Detached Design Guidelines for Highland Woods, prepared by Crown Community Development, and dated February 6, 2004. g. Exterior Insulation and Finish Systems (EIFS) (e.g. dryvit) shall be an acceptable exterior building material on all or part of all four elevations, provided, however, not more than twenty (20%) percent of the homes to be constructed within this PSFR2 district shall have EIFS as the dominant building material on all building elevations. h. Single story dwelling units shall contain a minimum of 1,700 square feet of living space and two-story dwelling units shall contain a minimum of 2,000 square feet of living space so long as the Comprehensive Plan home pricing targets are achieved. H. Off-Street Parking. In this PSFR2 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 PSFR2 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 PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. Until the developer has sold all homes within the subject development, the developer shall be allowed to maintain a uniformly designed system of onsite directional and informational signs located on parkways within public rights-of-way, within the development, to provide directions and information on model homes and neighborhood amenities. One billboard type sign no more than twelve (12) feet in height and containing no more than one hundred twenty-eight (128) square feet per side shall be allowed along each of the Highland Avenue, Coombs Road and Route 20 frontages of the development, located outside of any public right-of- way. Design and placement of the signs shall be subject to the review and approval of the city’s development administrator. K. Amendments. In this PSFR2 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 VOLUME LXXII NOVEMBER 14, 2007 796 for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. NOVEMBER 14, 2007 VOLUME LXXII 797 Section 3. That this ordinance shall be full force and effect after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 14, 2007 Passed: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 15, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-273 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT AND SETTLEMENT AGREEMENT BETWEEN THE CITY OF ELGIN AND THE RUTLAND AND DUNDEE TOWNSHIPS FIRE PROTECTION DISTRICT REGARDING THE ANNEXATION AND DISCONNECTION OF PROPERTIES Councilmember Powers 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. 07-273 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT AND SETTLEMENT AGREEMENT BETWEEN THE CITY OF ELGIN AND THE RUTLAND AND DUNDEE TOWNSHIPS FIRE PROTECTION DISTRICT REGARDING THE ANNEXATION AND DISCONNECTION OF PROPERTIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement and Settlement Agreement on behalf of the City of Elgin and Rutland and Dundee Townships Fire Protection District regarding the Annexation and Disconnection of Properties, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII NOVEMBER 14, 2007 798 Presented: November 14, 2007 Adopted: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G67-07 PASSED AMENDING ORDINANCE NO. G51-00 CLASSIFYING PROPERTY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (335 LOCUST STREET) Councilmember Powers 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. G67-07 AN ORDINANCE AMENDING ORDINANCE NO. G51-00 CLASSIFYING PROPERTY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (335 Locust Street-St. Edward High School) WHEREAS, written application has been made to amend the PCF Planned Community Facility District Ordinance No. G51-00 to allow for night sports events at the existing sports field at the property located at 335 Locust Street; and WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation; and WHEREAS, the City Council of the City has reviewed the findings and recommendation 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 September 17, 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 G51-00, entitled “An Ordinance Reclassifying Property from the RC3 Residence Conservation District and the CF Community Facility District to PCF Planned Community Facility District”, passed August 9, 2000, be and hereby is amended in its entirely as set forth in the following provisions of this ordinance. NOVEMBER 14, 2007 VOLUME LXXII 799 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 hereinafter laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from the CF Community Facility District and RC3 Residence Conservation District and including in the PCF Planned Community Facility District, the following described property: THAT PART OF LOTS 11 AND 15 OF WILLIAM C. KIMBALL'S ADDITION TO ELGIN, LOT 1 OF CONRAD BECKLINGER'S ADDITION TO ELGIN, KANE CO, ILL, AND LOTS 2 THROUGH 6 INCLUSIVE AND VACATED CROSBY STREET IN L.C. BECKLINGER'S SUBDIVISION ALL ABOVE BEING A SUBDIVISION OF PART OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF AFORESAID LOT 11; THENCE WESTERLY, ALONG THE NORTHERLY LINE OF SAID LOT 11 ALSO BEING THE SOUTHERLY LINE OF LOCUST STREET, A DEED DISTANCE OF 459.3 6 FEET; THENCE SOUTHERLY, PARALLEL TO THE EAST LINE OF SAID LOT 11, A DEED DISTANCE OF 219.08 FEET FOR THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHEASTERLY CORNER OF LAND DESCRIBED IN WARRANTY DEED TO ANDREW FOHD BY DEED DATED NOVEMBER 22, 1865 IN BOOK 85 PAGE 226 IN THE RECORDERS OFFICE OF KANE COUNTY, THENCE NORTHEASTERLY ALONG THE NORTHEASTERLY EXTENSION OF THE SOUTH LINE OF SAID ANDREW FOHD LANDS TO A POINT 396.36 FEET WESTERLY (AS MEASURED AT RIGHT ANGLES THERETO) THE EASTERLY LINE OF SAID LOT 11;THENCE SOUTHERLY PARALLEL TO THE EAST LINE OF SAID LOT 11 TO THE SOUTH LINE OF SAID LOT 11 AND THE NORTH LINE OF AFORESAID LOT ;15; THENCE NORTH 67 DEGREES 24 MINUTES 57 SECONDS EAST ALONG SAID NORTH LINE TO THE NORTHEASTERLY CORNER OF SAID LOT 15; THENCE SOUTH 22 DEGREES 41 MINUTES 17 SECONDS EAST, ALONG THE EASTERLY LINE OF SAID LOT 15, A DISTANCE OF 418.88 FEET TO THE NORTHERLY LINE OF LOT 1 IN B-B- RAYMONDS 2ND ADDITION TO ELGIN, IN THE ABOVE SAID SECTION 14; THENCE NORTH 89 DEGREES 56 MINUTES 56 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 518.69 FEET TO THE SOUTHWEST CORNER OF LOT 6 IN AFORESAID L.C. BECKLINGER'S SUBDIVISION; THENCE NORTH 22 DEGREES 43 MINUTES 02 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID L.C. BECKLINGER'S SUBDIVISION, ALSO BEING THE EASTERLY LINE OF ELM STREET, A DISTANCE OF 310.85 FEET TO THE NORTHWESTERLY CORNER OF LOT 2 IN SAID L.C. BECKLINGER'S SUBDIVISION; THENCE NORTH 67 DEGREES 16 VOLUME LXXII NOVEMBER 14, 2007 800 MINUTES 58 SECONDS EAST, ALONG THE NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 116.75 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 2; THENCE NORTH 22 DEGREES 43 MINUTES 02 SECONDS WEST, ALONG THE EASTERLY LINE OF LOT 1 IN SAID L.C. BECKLINGER'S SUBDIVISION, ALSO BEING THE WESTERLY LINE OF LOT 1 IN AFORESAID CONRAD BECKLINGER'S ADDITION TO ELGIN, KANE CO, ILL, A DISTANCE OF 94.55 FEET TO A POINT ON SAID LINE THAT IS 77.58 FEET SOUTHEASTERLY FROM THE SOUTHERLY LINE OF LOT 2 IN SAID CONRAD BECKLINGER'S ADDITION TO ELGIN; THENCE NORTH 70 DEGREES 41 MINUTES 47 SECONDS EAST, A DISTANCE OF 65.01 FEET TO A POINT OF THE EASTERLY LINE OF SAID LOT 1 THAT IS 213.30 FEET, AS MEASURED ALONG SAID EASTERLY LINE, SOUTHERLY OF THE NORTHEASTERLY CORNER OF SAID LOT 1;THENCE NORTH 70 DEGREES 41 MINUTES 47 SECONDS EAST, ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 48.00 FEET; THENCE SOUTH 22 DEGREES 43 MINUTES 02 SECONDS EAST, PARALLEL WITH THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 3.03 FEET TO THE SOUTHERLY LINE OF THE AFORESAID WARRANTY DEED TO ANDREW FOHD; THENCE NORTH 67 DEGREES 24 MINUTES 57 SECONDS EAST, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 116.89 FEET TO THE POINT OF BEGINNING. SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 4.94 ACRES MORE OR LESS. ALSO THAT PART OF SAMUEL KIMBALL'S ADDITION TO ELGIN, J.C. & W.H. KIMBALL'S PLAT OF THEIR ADDITION TO ELGIN AND CHISHOLM'S ADDITION TO ELGIN, ALL ABOVE BEING A SUBDIVISION OF PART OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 IN BLOCK 2 OF AFORESAID CHISHOLM'S ADDITION TO ELGIN; THENCE NORTH 89 DEGREES 56 MINUTES 48 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 144.27 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH 00DEGREES 0 MINUTES 50 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 3, A DISTANCE OF 10.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREE 08 MINUTES 50 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 3 AND LOT 2 IN BLOCK 2 OF SAID CHISHOLM'S ADDITION TO ELGIN, A DISTANCE OF 84.07 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN BLOCK 1 AFORESAID J.C. & W.H. KIMBALL'S PLAT OF THEIR ADDITION TO ELGIN; THENCE SOUTH 87 DEGREES 52 MINUTES 38 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 107.34 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1;THENCE NORTH 06 DEGREES 15 MINUTES 11 SECONDS WEST, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 154.73 FEET TO THE NORTHWEST CORNER OF SAID NOVEMBER 14, 2007 VOLUME LXXII 801 LOT 1; THENCE NORTH 67 DEGREES 10 MINUTES 11 SECONDS EAST, ALONG THE NORTHERLY LINE OF LOT 1, ALSO BEING THE SOUTHERLY LINE O LOCUST STREET, A DISTANCE OF 60.18 FEET TO THE NORTHEASTERL CORNER OF SAID LOT 1; THENCE NORTH 23 DEGREES 32 MINUTES 4 SECONDS WEST, ALONG THE WESTERLY LINE OF LOT 17 IN AFORESAID SAMUEL L. KIMBALL'S ADDITION TO ELGIN, A DISTANCE OF 15.28 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT 17; THENCE NORTH 67 DEGREES 24 MINUTES 57 SECONDS EAST, ALONG THE NORTHERLY LINE OF SAID LOT 17 AND LOT 18 OF SAID SAMUEL L. KIMBALL'S ADDITION T ELGIN, ALSO BEING THE SOUTHERLY LINE OF SAID LOCUST STREET, A DISTANC OF 140.75 FEET TO THE WESTERLY LINE OF PERRY STREET AS PLATTED IN AFORESAID CHISHOLM'S ADDITION TO ELGIN; THENCE SOUTH 23 DEGREES 32 MINUTES 43 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 222.45 FEET TO AN ANGLE POINT ALONG SAID WESTERLY LINE OF SAID PERRY STREET, A DISTANCE OF 111.52 FEET TO THE INTERSECTION WITH PARALLEL LINE THAT IS 10.00 FEET NORTHERLY, AS MEASURED PERPENDICULAR, OF THE AFORESAID SOUTH LINE OF SAID LOT 3 ; THENCE NORTH 89 DEGREES 56 MINUTES 48 SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 144.24 FEET TO THE POINT OF BEGINNING. SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 1.326 ACRES MORE OR LESS. ALSO THAT PART OF LOTS 19, 20 AND 21 IN SAMUEL L. KIMBALL'S ADDITION TO ELGIN AND ALL OF LOTS 1 AND 2 IN BLOCK 1 OF CHISHOLM'S ADDITION TO ELGIN, BEING A SUBDIVISION OF PART OF SECTION 14 TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF AFORESAID LOT 2 IN BLOCK 1 OF CHISHOLM'S ADDITION TO ELGIN; THENCE SOUTH 89 DEGREES 47 MINUTES 34 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 2, ALSO BEING THE NORTHERLY LINE OF CROSBY STREET, A DISTANCE OF 216.61 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE NORTH 11 DEGREES 28 MINUTES 04 SECONDS WEST, ALON THE WESTERLY LINE OF SAID LOT 2, ALSO BEING THE EASTERLY LINE OF PERRY STREET, A DISTANCE OF 55.05 FEET TO THE NORTHWEST CORNER OF SAID LOT 2 ALSO, BEING THE SOUTHWEST CORNER OF AFORESAID LOT 1; THENCE NORTH 23 DEGREES 32 MINUTES 43 SECONDS WEST, ALONG SAID WESTERLY LINE OF SAID LOT 1, ALSO BEING THE EASTERLY LINE OF PERRY STREET, A DISTANCE OF 243.51 FEET TO THE NORTHERLY LINE OF AFORESAID LOT 19 OF SAMUEL J. KIMBALL'S ADDITION TO ELGIN; THENCE NORTH 67 DEGREES 24 MINUTES 57 SECONDS EAST, ALONG SAID NORTHERLY LINE OF LOT 19 AND THE NORTHERLY LINE OF VOLUME LXXII NOVEMBER 14, 2007 802 AFORESAID LOT20, ALSO BEING THE SOUTHERLY LINE OF LOCUST STREET, A DISTANCE OF 189.78 FEET TO THE WESTERLY LINE OF ELM STREET; THENCE SOUTH 23 DEGREES 32 MINUTES 43 SECONDS EAST, ALONG THE WESTERLY LINE OF ELM STREET AND EASTERLY LINE OF AFORESAID LOT 1 IN BLOCK 1 OF CHISHOLM'S ADDITION TO ELGIN, A DISTANCE OF 243.50 FEET TO THE NORTHEAST CORNER OF AFORESAID LOT 2 IN BLOCK 1 OF CHISHOLM'S ADDITION TO ELGIN; THENCE SOUTH 22 DEGREES 32 MINUTES 43 SECOND EAST ALONG THE EASTERLY LINE OF SAID LOT 2 AND THE WESTERLY LINE OF PERRY STREET, A DISTANCE 136.49 FEET TO THE POINT OF BEGINNING. SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 1.49 ACRES MORE OR LESS (COMMONLY KNOWN AS 335 LOCUST STREET). Section 4. That the City Council hereby grants the rezoning from RC3 Residence Conservation District and Community Facility District to PCF Community Facility District at 335 Locust Street, subject to the following conditions: 1. Purpose and Intent. The purpose of this PCF Planned Community Facility District is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60, Planned Developments. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or on a not for profit basis. 2. 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, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. 3. General Provisions. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, as may be amended from time to time, unless a departure has been granted by City Council. 4. Zoning Districts - Generally. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 Zoning Districts, as may be amended from time to time. 5. Location and Size of District. CF Planned Community Facility Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF 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. No departure from the required minimum size of a PCF Planned Community Facility District shall be granted by the City Council. NOVEMBER 14, 2007 VOLUME LXXII 803 6. Land Use. In this PCF Planned Community Facility 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, as amended. The following land uses shall be the only land uses allowed as a permitted use in this PCF zoning district: Services Division. 1. "Elementary and Secondary Schools (821). Miscellaneous Uses Division. 2. "Fences and walls" [SR] (UNCL). 3. "Loading facilities" [SR] (UNCL), exclusively “accessory” [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 4. "Parking lots" [SRI (UNCL), exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 5. "Parking structures [SR] (UNCL), exclusively “accessory” [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 6. “Refuse collection area” [SR]. 7. “Storage tanks” [SR] (UNCL). 8. "Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50 Signs. 9. "Temporary uses” [SR] (UNCL). 10. “Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Planned Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 11. “Accessory use” [SRI (UNCL) to the permitted uses allowed in this PCF Planned Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. 8. Site Design. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, as may be amended from time to time. 9. Other Conditions. In this PCF Planned Community Facility District, the following conditions will apply: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Richard Sanders, and dated May 26, 2000. 2. Substantial conformance to the Site Plan, Elevation Drawings, and Landscape Plans for St. Edward Catholic High School, prepared by Landmark Engineering Group, and Emma and Vasilion Architects, dated May 26, 2000. 3. The City of Elgin and the applicant agree that the applicant will not demolish any additional residential structures without seeking an amendment to this planned development and City Council approval. VOLUME LXXII NOVEMBER 14, 2007 804 4. The City of Elgin and the applicant agree that any future expansion of the campus will be in an easterly direction. 5. The applicant must make a long term commitment to the provision of adequate off street parking. This plan must be submitted and implemented with any future zoning changes. 6. Compliance with all other applicable codes and ordinances. 7. Final transitional landscape yards between the project and the adjoining residential properties to the west and the south are subject to approval by the Community Development Group. 10. Additional Conditions. In this PCF Planned Community Facility District, the following conditions will apply with respect to the installation of permanent lighting and the conduct of nighttime events at the exterior athletic fields: 1. Substantial conformance to the Petitioner’s Statement of Purpose and Conformance, submitted with the development application prepared and signed by Father Edward Seisser of Saint Edward Central High School, dated August 27, 2007. 2. The total number of nighttime events shall be limited to (10) ten events per calendar year. 3. All main lights will be turned off by 10:30 P.M. 4. All trash and litter on adjoining streets and neighboring yards will be cleaned up by the property owner at its cost on the night of and the morning following each nighttime event. 5. The property owner must submit a parking plan for nighttime events to the Chief of Police for approval prior to the issuance of any building permits for the permanent lighting system. Such parking plan for nighttime events shall include, among other matters, (1) the use of the St. Laurence Church parking facilities providing for 81 offstreet parking spaces, (2) the use of the First Presbyterian Church parking facilities providing for 35 offstreet parking spaces, (3) a requirement that football players and coaches be required to park at the St. Laurence Church parking facility and that volunteer workers be required to park at the First Presbyterian Church parking facility, (4) signs shall be posted at the parking lot of the subject property providing directions to the St. Laurence Church and First Presbyterian Church parking facilities, (5) public address announcements shall also be made during nighttime events advising the public that illegally parked vehicles will be ticketed and towed and (6) the property owner shall install trash receptacles around the exterior fields and at all exits of the onsite parking areas. 6. The property owner shall be required to hire at its cost special duty police officers(s) as determined by the Chief of Police to be present during all nighttime events scheduled by the property owner. The property owner shall comply with any traffic control plans as directed by the Chief of Police or such special duty police officers. 7. Compliance with all other applicable codes and ordinances. NOVEMBER 14, 2007 VOLUME LXXII 805 11. Off Street Parking. In this PCF Planned Community Facility District, the location and design of driveways and off street parking facilities shall be subject to the provisions of Chapter 19.45, Off-Street Parking, as may be amended from time to time. 12. Off Street Loading. In this PCF Planned Community Facility District, off street loading shall be subject to the provisions of Chapter 19.47, Off -Street Loading, as may be amended from time to time. 13. Signs. In this PCF Planned Community Facility District, signs shall be subject to the provisions of Chapter 19.50, Signs, as may be amended from time to time. 14. Planned Developments. In this PCF Planned Community Facility 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. 15. Conditional Uses. In this PCF Planned Community Facility 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. 16. Variations. In this PCF Planned Community Facility District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. 17. 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, as may be amended from time to time Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII NOVEMBER 14, 2007 806 Presented: November 14, 2007 Passed: November 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: November 15, 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. Sales Tax for July 2007 Hotel/Motel Tax for September 2007 Centre Advisory Board Meeting Minutes for April 12, 2007 and May 10, 2007 Elgin Cultural Arts Commission Meeting Minutes for July 9, 2007, August 13, 2007, & September 10, 2007 Elgin Emergency Telephone System Board Meeting Minutes for September 20, 2007 Golf Leadership Team Meeting Minutes for March 22, 2007 Elgin Heritage Commission Meeting Minutes for November 7, 2006, June 5, 2007, & September 11, 2007 Parks and Recreation Advisory Board Meeting Minutes for August 28, 2007 Veterans Memorial Park Committee Meeting Minutes for September 19, 2007 Committee of the Whole Minutes for October 10, 2007 City Council Minutes for October 10, 2007 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. NOVEMBER 14, 2007 VOLUME LXXII 807 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 8:10 p.m. s/Diane Robertson November 28, 2007 Diane Robertson, City Clerk Date Approved