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HomeMy WebLinkAboutx - December 19, 2007 CC891 DECEMBER 19, 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 December19, 2007, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:03 p.m. The Invocation was given by Armida Dominguez from Highland Fellowship Church and the Pledge of Allegiance was led by Councilmember John Walters. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE DECEMBER 5, 2007, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the December 5, 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 Mayor Schock congratulated Art and Eleanor Richoz on their 65th wedding anniversary. RECOGNIZE PERSONS PRESENT John Collins expressed his concerns about flooding problems at 1000 Prescott. Kyle Bault issued a request for volunteers to work with the Downtown Neighborhood Association 4th of July Parade committee. VOLUME LXXII DECEMBER 19, 2007 892 BID 07-114 AWARDED TO CINTAS CORPORATION FOR UNIFORM RENTAL AND FLOOR MAT SERVICE FOR THE GENERAL SERVICES UNIT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Cintas Corporation in an annual amount not to exceed $23,200 for a term of two years with two options for a two year renewal for uniform rental and floor mat service for the General Services Unit. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-115A AWARDED TO CRESCENT ELECTRIC FOR THE PURCHASE OF STREET LIGHT REPAIR AND REPLACEMENT MATERIALS FOR 2007 Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to award a contract to Crescent Electric in the amount of $110,201.88 for the purchase of street light repair and replacement materials. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-118A AWARDED TO BURGER KING TO PROVIDE FOOD FOR PRISONERS IN THE CITY JAIL Councilmember Kaptain made a motion, seconded by Councilmember Powers, to award a contract to Burger King in the amount of $15,000 fro one year with two one year options to renew for the purchase of food for prisoners in the City jail. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-124 AWARDED TO WEST SIDE TRACTOR SALES FOR THE PURCHASE OF ONE REPLACEMENT 4-WHEEL DRIVE LOADER FOR THE PUBLIC WORKS DEPARTMENT Councilmember Walters made a motion, seconded by Councilmember Gilliam, to award a contract to West Side Tractor Sales in the amount of $119,500 for the purchase of one replacement 4-wheel drive wheel loader for the Public Works Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. DECEMBER 19, 2007 VOLUME LXXII 893 BID 07-127 AWARDED TO MCCANN INDUSTRIES FOR THE PURCHASE OF ONE SKID STEER LOADER AND TWO SNOW BLOWER ATTACHMENTS FOR THE PUBLIC WORKS DEPARTMENT Councilmember Steffen made a motion, seconded by Councilmember Figueroa, to award a contract to McCann Industries in the amount of $51,233.42 for a skid steer loader and two snow blower attachments for the Public Works Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-129 AWARDED TO TRUGOLF FOR THE PURCHASE OF A GOLF SIMULATOR FOR THE PROGRAM ROOM AT THE HIGHLANDS OF ELGIN CLUBHOUSE Councilmember Walters made a motion, seconded by Councilmember Gilliam, to award a contract to TruGolf in the amount of $39,950 for the purchase of a golf simulator for the program room located at the Highlands of Elgin clubhouse. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING FOR THE 2008 PROPOSED CITY OF ELGIN BUDGET Mayor Schock declared the public hearing open. Assistant City Manager Stegall presented the 2008 budget for approval. The budget totals $301,152,190 and includes appropriations for seven fund types and forty-five individual funds. Councilmember Kaptain voiced his concerns about future revenue sources, public works staffing, fire response time, leaf pick-up, and snow removal. He asked that staff look at alternative forms of funding for 2009. No one else chose to speak, and Mayor Schock declared the public hearing closed. ORDINANCE T37-07 PASSED ADOPTING THE 2008 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII DECEMBER 19, 2007 894 Ordinance No. T37-07 AN ORDINANCE ADOPTING THE 2008 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Elgin has provided for the preparation and adoption of an annual budget in lieu of passage of an appropriation ordinance for the fiscal year 2008; and WHEREAS, a tentative annual budget has been prepared, notice given and a tentative annual budget made available for inspection for at least seven days; and WHEREAS, the City Council of the City of Elgin, Illinois, has examined said annual budget and has heard all persons appearing and desiring to be heard concerning said annual budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the tentative annual budget heretofore prepared by the budget officer and placed on file as required by statutes of the State of Illinois is hereby adopted in lieu of the passage of an appropriation ordinance for the fiscal year 2008 and is attached hereto. Section 2. That the budget officer is hereby authorized and directed to cause to be prepared and published the 2008 annual budget. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 20, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 19, 2007 VOLUME LXXII 895 ORDINANCE T38-07 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 2007 AND ENDING DECEMBER 31, 2007 Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. T38-07 ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2007 AND ENDING DECEMBER 31, 2007 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS WHEREAS, the City Council of the City of Elgin in the counties of Kane and Cook, in the State of Illinois, did on the 19th of December, 2007 after notice of publication and public hearing adopt a budget in lieu of an annual appropriation ordinance for said City for the fiscal year beginning January 1, 2008, the amount of which is ascertained to be the aggregate sum of $301,152,190. WHEREAS, the Constitution of the State of Illinois, 1970, grants the City of Elgin as a Home Rule Unit the power to “... exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection for the public health, safety, morals and welfare; to license; to tax; and to incur debt.” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ELGIN, ILLINOIS: Section 1. That there be and there is hereby levied upon all taxable property within the corporate limits of said City, subject to taxation for the year 2007, the total sum of $44,338,500 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current fiscal year and in the specific amounts levied for the various purposes heretofore named being included herein by being placed in a separate column under the heading “To Be Raised By Taxation” which appears over the same, the tax so levied for the current fiscal year of said City for the certain appropriations specified herein to be collected from said tax levy, the total of which has been ascertained as aforesaid and being summarized as follows: VOLUME LXXII DECEMBER 19, 2007 896 GENERAL CORPORATE PURPOSES In Accordance with Provisions of the 1970 Constitution of Illinois, Article 7 Amount Appropriated Estimated Receipts From Other Sources To Be Raised By Taxation 01 Mayor & City Council 249,160 249,160 02 City Clerk 241,790 241,790 03 Office of the City Manager 1,618,430 1,618,430 05 Legal 882,880 882,880 06 Human Resources 1,048,040 1,048,040 15 Planning & Neighborhood Services 1,064,990 1,064,990 16 Code Administration & Development Services 3,746,270 3,746,270 17 Business Services - Economic Development 380,540 380,540 19 Boards & Commissions 487,050 487,050 20 Finance 2,006,900 2,006,900 21 MIS 1,091,240 1,091,240 22 Purchasing & Risk Management 484,370 484,370 23 Police Department 31,115,650 11,404,171 19,711,479 24 Civil Defense - Emergency Operations 202,670 202,670 28 Fire Department 16,420,730 6,018,348 10,402,382 33 Public Works 17,250,420 17,250,420 37 Building Maintenance 1,929,590 1,929,590 69 Non-Departmental 8,716,030 8,716,030 TOTAL – GENERAL CORPORATE PURPOSES $88,936,750 $58,822,889 $30,113,861 Add: 1% for Loss of Collection 301,139 TOTAL AMOUNT TO BE RAISED BY TAXATION - GENERAL CORPORATE PURPOSE $30,415,000 SPECIAL CORPORATE PURPOSES 201 Public Benefit Fund $316,150 $316,150 $0 Add: 1% for Loss of Collection 0 TOTAL AMOUNT TO BE RAISED BY TAXATION - PUBLIC BENEFIT $0 220 Emergency Telephone System (E911) $1,666,510 $1,666,510 230 Community Dev. Grant 1,566,930 1,566,930 240 Spring St Parking Dist. 154,640 154,640 250 Drug Asset Forfeiture Fund 334,990 334,990 251 Auto Theft Task Force 807,580 807,580 260 S. Grove Special Tax Allocation Fund 1,207,050 1,207,050 261 Dundee Special Tax Allocation Fund 328,900 328,900 262 Central Area Tax Allocation Fund 5,911,050 5,911,050 263 U.S. Rte. 20 Tax Allocation Fund 148,790 148,790 275 Elgin Riverboat Fund 49,660,970 49,660,970 276 Elgin Riverboat Lease 17,613,000 17,613,000 DECEMBER 19, 2007 VOLUME LXXII 897 280 Illinois Municipal Retirement Fund 10,419,890 6,261,474 $4,158,416 Add: 1% for Loss of Collection 41,584 TOTAL AMOUNT TO BE RAISED BY TAXATION – IMRF $4,200,000 290 Motor Fuel Tax Fund 2,880,000 2,880,000 294 Cemetery Operating 473,630 473,630 296 Elgin Recreation 10,437,400 10,437,400 301 Corporate Bond Fund 14,455,340 8,466,231 $5,989,109 Add: 1% for Loss of Collection 59,891 TOTAL AMOUNT TO BE RAISED BY TAXATION – CORPORATE BOND FUND $6,049,000 Capital Improvement Funds 340 Park Development Fund 4,332,190 4,332,190 378 Tyler Creek 962,750 962,750 396 1996 GO Bond Proj. Fund 122,000 122,000 399 1999 GO Bond Proj. Fund 171,500 171,500 380 2000 GO Bond Proj. Fund 459,000 459,000 381 2001 GO Bond Proj. Fund 189,000 189,000 382 2002 GO Bond Proj. Fund 21,000 21,000 383 2003 GO Bond Proj. Fund 639,500 639,500 384 2004 GO Bond Proj. Fund 986,500 986,500 365 2005 GO Bond Proj. Fund 1,751,000 1,751,000 366 2006 GO Bond Proj. Fund 4,379,500 4,379,500 367 2007 GO Bond Proj. Fund 3,071,680 3,071,680 385 Capital Improvement Fund 2,966,750 2,966,750 Enterprise Funds 401 Water Operating Fund 20,494,110 20,494,110 420 Water Development Fund 8,859,900 8,859,900 430 Sewer Operating Fund 4,768,850 4,768,850 440 Sewer Development Fund 9,539,730 9,539,730 540 Golf Operating Fund 2,017,180 2,017,180 Internal Service Funds 601 Equipment Replacement 4,651,170 4,651,170 630 Risk Management Fund 3,110,000 3,110,000 635 Medical Insurance 11,467,760 11,467,760 Trust and Agency Funds 520 Cemetery Perpetual Care Fund 85,000 85,000 701 Police Pension Fund 4,919,600 3,117,620 $1,801,980 Add: 1% for Loss of Collections 18,020 TOTAL AMOUNT TO BE RAISED BY TAXATION - POLICE PENSION $1,820,000 711 Fire Pension Fund 3,866,950 2,030,811 $1,836,139 Add: 1% for Loss of Collections 18,361 TOTAL AMOUNT TO BE RAISED BY TAXATION - FIRE PENSION $1,854,500 VOLUME LXXII DECEMBER 19, 2007 898 TOTAL SPECIAL CORPORATE PURPOSES $212,215,440 $198,429,796 $13,785,644 Add: 1% for Loss of Collections 137,856 TOTAL AMOUNT TO BE RAISED BY TAXATION FOR SPECIAL CORPORATE PURPOSES $13,923,500 GRAND TOTAL – APPROPRIATION ALL PURPOSES $301,152,190 TOTAL RECEIPTS FROM SOURCES OTHER THAN TAXATION $257,252,685 TOTAL TO BE RAISED BY TAXATION $43,899,505 Add: 1% for Loss of Collections 438,995 TOTAL AMOUNT TO BE RAISED BY TAXATION $44,338,500 The total amount of $44,338,500 levied by this ordinance for all funds. Section 2. This ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Section 3. That the City Clerk be and she is hereby directed to file with the County Clerk of Kane County and the County Clerk of Cook County a certified copy of this ordinance. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 20, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 19, 2007 VOLUME LXXII 899 ORDINANCE T39-07 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2007 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. T39-07 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2007 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Findings: That the City of Elgin Special Service Area Number Two has been created by an ordinance entitled “An Ordinance Establishing Special Service Area Number Two in the City of Elgin” passed and effective on September 7, 1977; that the corporate authorities of the City of Elgin, acting as the governing board of the City of Elgin Special Service Area Number Two are authorized to levy taxes for special services in said special service area. Section 2. That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Two, subject to taxation for the year 2007, the sum total of $73,150 for the following purposes. Estimated Receipts From Sources To Be 2008 Other Than Raised By Appropriation Taxation Taxation Debt Services - repayment of Loan from City of Elgin for the construction of parking facility $154,640 $78,650 $75,990 Total appropriation $154,640 Total revenues from sources other than Taxation $78,650 Amount to be raised by taxation $75,990 Add: 1% for loss of collection 760 Total amount to be raised by taxation for Special Service Area Number Two purposes $76,750 VOLUME LXXII DECEMBER 19, 2007 900 Section 3. The tax levied herein is pursuant to the provision of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to 35 ILCS 200/27-5 et. seq., as amended, and to an ordinance establishing City of Elgin Special Service Area Number Two. Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois the sum aforesaid, which total amount City of Elgin Special Service Area Number Two requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby ordered and directed to file with the County Clerk of the County of Kane on or before the time required by the law a certified copy of this ordinance. Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 20, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-315 ADOPTED APPROVING THE FIVE-YEAR FINANCIAL PLAN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-315 RESOLUTION ADOPTING THE FIVE-YEAR FINANCIAL PLAN WHEREAS, the City of Elgin has conducted an extensive dialogue with the community in drafting a Five-Year Financial Plan (2008-2012); and WHEREAS, the Elgin City Council and staff engaged in a strategic planning session on November 14, 2007 and November 28, 2007; and DECEMBER 19, 2007 VOLUME LXXII 901 WHEREAS, strategic goals for the community were formulated from extensive dialogue and incorporated into the 2008 Budget and 2008-2012 Financial Plan; and WHEREAS, the City Council has conducted extensive budget reviews and policy discussions throughout the months of November and December; and WHEREAS, the Proposed 2008 Budget and 2008-2012 Financial Plan have been placed on file for public review with the City Clerk and at the Gail Borden Public Library. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Five-Year Financial Plan is hereby adopted as a policy document of the city to guide strategic planning and operations. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk PUBLIC HEARING CONTINUED REGARDING A SECOND AMENDMENT TO AN ANNEXATION AGREEMENT; PROPERTY LOCATED AT 1300 AND 1301 US ROUTE 20; BY PINGREE CREEK, LLC, AS APPLICANT AND OWNER (PETITION 28-07) Community Development Director Deering stated that Pingree Creek, LLC has requested the public hearing be continued to January 9, 2008. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to continue the public hearing regarding Petition 28-07 to the next City Council meeting to be held on January 9, 2008. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII DECEMBER 19, 2007 902 PETITION 64-07 APPROVED REQUESTING A CONDITIONAL USE IN THE CC2 CENTER CITY DISTRICT, TO PERMIT THE ESTABLISHMENT OF A CHURCH; PROPERTY LOCATED AT 263 DUPAGE STREET, BY IGLESIA PRINCIPE DE PAZ, AS APPLICANT, AND GEORGE GARCIA, RAUL PADILLA, RONALD FLORES, AND IGLESIA PRINCIPE DE PAZ AS OWNERS Community Development Director Deering stated the property is improved with an historically significant church. The Zoning and Subdivision Hearing Board has recommended approval of this petition with conditions. Mayor Schock commended the applicants for their outreach to the community in offering the building to be also used for tours and meetings and for their commitment to restore the building in a manner in keeping with the historic landmark designation. Both Councilmembers Steffen and Kaptain concurred and stated they were pleased that the building was staying as a church and adhering to the historic district guidelines. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 64-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. MOTION TO CONSIDER AGENDA ITEMS O-8 THROUGH O-12 IN ONE MOTION Councilmember Walters made a motion, seconded by Councilmember Gilliam, to consolidate Other Business Agenda Items 8 through 12 (Ordinance Nos. S13-07, G99-07, and G100-07, and Resolution Nos. 07-316 and 07-317) in one motion. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass Ordinance Nos. S13-07, G99-07, and G100-07, and adopt Resolution Nos. 07-316 and 07-317. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-316 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (WESEMANN PROPERTY-955 MARSHALL ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. DECEMBER 19, 2007 VOLUME LXXII 903 Resolution No. 07-316 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Wesemann Property-955 Marshall Road) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII DECEMBER 19, 2007 904 ORDINANCE S13-07 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (WESEMANN PROPERTY-955 MARSHALL ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Walters, 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. S13-07 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Wesemann Property-955 Marshall Road) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: PARCEL 1: THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART LYING NORTHERLY OF THE CENTERLINE OF ILLINOIS STATE HIGHWAY NUMBER 5) IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. ALSO EXCEPTING THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, 484.6 FEET TO THE SOUTHWESTERLY LINE OF U.S. ROUTE 20; THENCE SOUTH 52 DEGREES 01 MINUTE EAST ALONG SAID SOUTHWESTERLY LINE 179.0 FEET FOR THE PLACE OF BEGINNING; DECEMBER 19, 2007 VOLUME LXXII 905 THENCE SOUTH 37 DEGREES 59 MINUTES WEST 140.0 FEET; THENCE SOUTH 52 DEGREES 01 MINUTE EAST 179.0 FEET; THENCE NORTH 37 DEGREES 59 MINUTES EAST 143.5 FEET TO THE SOUTHERLY LINE OF U.S. ROUTE 20; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE, 179.0 FEET TO THE PLACE OF BEGINNING, BEING SITUATED IN KANE COUNTY, ILLINOIS. ALSO EXCEPTING THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH QUARTER, 484.64 FEET TO THE SOUTHWESTERLY LINE PLACE OF BEGINNING; THENCE SOUTH 37 DEGREES 59 THENCE SOUTH 52 DEGREES 01 MINUTE EAST PARALLEL LINE OF U.S. ROUTE 20, 179.0 FEET; THENCE NORTH EAST 140.0 FEET TO THE SOUTHWESTERLY LINE OF U.S. ROUTE 20; THENCE NORTH 52 DEGREES 01 MINUTE WEST ALONG SAID SOUTHWESTERLY LINE, 179.0 FEET TO THE PLACE OF BEGINNING, BEING SITUATED IN KANE COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM THAT PART OF PARCEL 1 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH 88 DEGREES 17 MINUTES 27 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 549.01 FEET TO THE CENTERLINE OF U.S. ROUTE 20; THENCE SOUTH 53 DEGREES 22 MINUTES 34 SECONDS EAST ALONG SAID CENTERLINE 237.78 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE NORTHEAST, BEING SAID CENTERLINE OF U.S. ROUTE 20, HAVING A RADIUS OF 554.75 FEET, HAVING A CHORD BEARING SOUTH 64 DEGREES 03 MINUTES 56 SECONDS EAST FOR A DISTANCE OF 206.99 FEET; THENCE SOUTH 01 DEGREE 31 MINUTES 00 SECONDS EAST 814.70 FEET; THENCE SOUTH 89 DEGREES 27 MINUTES 02 SECONDS WEST 936.31 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 32 MINUTES 58 SECONDS WEST 1038.91 FEET TO THE PLACE OF LINE OF SAID SOUTHWEST OF U.S. ROUTE 20 FOR THE MINUTES WEST 140.0 FEET; WITH THE SOUTHWESTERLY 37 DEGREES 59 MINUTES BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF DESCRIBED IN PARTIAL RELEASE OF TRUST DEED RECORDED SEPTEMBER 22, 1954 AS DOCUMENT NO. 7630785), ALL IN KANE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE NORTH HALF OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH ALONG THE WEST LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER 200 FEET VOLUME LXXII DECEMBER 19, 2007 906 TO THE CENTERLINE OF THE DRAINAGE DITCH; THENCE EAST ALONG THE CENTERLINE OF THE DRAINAGE DITCH TO THE EAST LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER, SAID POINT BEING 200 FEET SOUTH OF THE NORTH LINE OF SAID SECTION; THENCE CONTINUING SOUTHEASTERLY ALONG THE CENTERLINE OF SAID DRAINAGE DITCH TO A POINT OF INTERSECTION OF SAID CENTERLINE AND THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 10, SAID POINT BEING 975 FEET SOUTH OF THE NORTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER; THENCE NORTH ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 10 TO THE PLACE OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF US ROUTE 20 LYING NORTH OF AND ADJACENT TO THE ABOVE DESCRIBED PARCEL 1, AND THAT PART OF MARSHALL ROAD LYING WEST OF AND ADJACENT TO THE ABOVE DESCRIBED PARCELS 1 AND 2.) Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 19, 2007 VOLUME LXXII 907 ORDINANCE G99-07 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (WESEMANN PROPERTY-955 MARSHALL ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Walters, 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. G99-07 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (Wesemann Property – 955 Marshall Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory 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: 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 plat, prepared by JEN Land Design, Inc., dated January 24, 2007, 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: VOLUME LXXII DECEMBER 19, 2007 908 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. 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 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). DECEMBER 19, 2007 VOLUME LXXII 909 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. 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. “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. 12. “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. VOLUME LXXII DECEMBER 19, 2007 910 13. “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, and in the Annexation Agreement. In this PSFR2 zoning district, the site design regulations shall be as follows: 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 10,000 square feet per dwelling unit for an interior lot, and 12,000 square feet for a corner lot. 3. Lot Width. In this PSFR2 zoning district, the minimum required "lot width" [SR] for a zoning lot shall be 75 linear feet for an interior lot, and 90 linear feet for a corner lot. 4. Setbacks - Generally. In this PSFR2 zoning district, the minimum required "setbacks" [SR] shall be subject to the provisions of Section 19.12.400 of the Elgin Zoning Ordinance. 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. Street Setback: 30 feet. b. Side/Interior Setback: 10 feet. c. Rear Setback: 40 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. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall be subject to the provisions of Section 19.25.335 (H), Residential Floor Area, of the Elgin Zoning Ordinance. 9. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall be subject to the provisions of Section 19.25.335 (I), Building Coverage, of the Elgin Zoning Ordinance. 10. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning DECEMBER 19, 2007 VOLUME LXXII 911 lot shall be subject to the provisions of Section 19.25.335 (J), Accessory Building Coverage, of the Elgin Zoning Ordinance. 11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be subject to the provisions of Section 19.25.335 (K), Vehicle Use Area, of the Elgin Zoning Ordinance. 12. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: A. Substantial conformance to the Petitioner’s Statement and Development Plans contained within the Wesemann Property Binder, submitted by HPI Elgin, LLC, subject to revisions recommended by the Community Development Group, Engineering Division, Fire Department, Legal Department, and Water Department, inclusive of: 1. Preliminary Plat for Wesemann Property, prepared by JEN Land Design, Inc., last revised October 10, 2007. 2. Preliminary Engineering Plans for Wesemann Property, prepared by Manhard Consulting, Ltd., last revised June 27, 2007. 3. Easement Exhibit for Sanitary Sewer and Water Main Extensions, prepared by Cowhey Gudmundson Leder, Ltd., dated September 28, 2005. 4. Preliminary Landscape Plan, prepared by David R. McCallum Associates, Inc., dated January 22, 2007. B. Within this PSFR2 zoning district, the architecture, design and construction and maintenance of dwelling units shall also be as follows: 1. Single story dwellings shall contain a minimum of 2,000 square feet in floor area, excluding garages, basements, cellars, walk-outs or other similar spaces. 2. Dwellings having two or more stories shall contain a minimum of 2,400 square feet of floor area, excluding garages, basements, cellars, attics, walk-outs or other similar spaces. 3. All roofs shall be pitched, either gable or hip style. The minimum roof pitch shall be 4/12. Flat roofs are specifically prohibited. 4. Street facing walls shall be entirely constructed of wood, stone, brick, or cement fiberboard (aka hardyboard). All other wall surfaces shall include a minimum of 50% wood, stone, brick or cement fiberboard (aka hardyboard). Aluminum and vinyl siding shall be a heavy gauge. This provision shall not be construed to prohibit light-gauge vinyl clad or aluminum for soffits, facia, second floor peaks, gutters and downspouts. VOLUME LXXII DECEMBER 19, 2007 912 5. Light gauge vinyl siding, light gauge aluminum siding, masonite, glazed brick, non-overlapping cedar siding, imitation stone, imitation brick, exposed concrete, or exposed cinder block are not permitted to be used as exterior wall siding. 6. No two (2) homes of like exterior design may be constructed on the same side of the street unless such buildings are separated by four (4) or more buildings, building sites, or combination thereof, of completely dissimilar design. Buildings of like exterior design may not be erected directly across the street from each other. All buildings shall be considered to be of "like exterior design" unless they have substantially different floor plans, elevations and are substantially different in exterior appearance. 7. All gutters will be in neutral colors so as to be inconspicuous. 8. Each house will have at least a two (2) car garage. Garages shall be designed in accordance with the following provisions adopted within the Far West Planning Area Development and Design Guidelines (Ordinance No. G6-01). a. Street Facing Garages. Street facing garages shall be recessed a minimum of 10 feet behind the main residential façade. However, residences with street-facing garages recessed less than 10 feet, but not less than 2 feet behind the main residential façade, shall be allowed if the residence includes a front porch or portico; or if the garage includes one or more of the following features designed to complement the architectural style of the residence: individual garage does accessing each parking bay, gable end of the garage roof line facing the street, a roof peak centered over a double wide garage door, or proportionately designed dormers. b. Side Entry Garages. Side entry garages shall feature gable ends, roof lines, window and door fenestration, and other architectural elements which match or complement those same design elements on the residence. Side entry garages shall be designed and oriented to provide access to parking bays via a side or rear entry, with driveway access to the garage crosses in front of the main entrance, the following provisions shall apply: (1) the lot shall contain a minimum of 20,000 square feet of lot area, (2) the garage shall be set back a minimum of 40 feet from the street lot line, and (3) at least one third of the garage width shall be located behind the front façade of the residence. 9. All chimneys must be constructed of brick or other natural materials (wood, stone, or stucco) if the chimney is visible from the front, and otherwise may be constructed of any of the material that would have been permitted on the side or real exterior walls of the structure (as set forth in subparagraph 4 above) DECEMBER 19, 2007 VOLUME LXXII 913 10. Each dwelling constructed on a lot of record shall be fully landscaped prior to its initial occupancy. If inclement weather does not permit installation of landscape materials, then a cash bond in the amount of 150% of the estimated cost of work shall be submitted to the City as monetary assurance for the unfinished work. The minimum required landscaping for a lot of record to be considered fully landscaped shall be: a. Front and side yards shall be sodded. b. Rear yards shall be seeded. c. Sufficient foundation plantings to screen the building's foundation developed in conformance with a landscape plan as approved by the City. d. All plant material shall be appropriate to the climate of the area. 11. In the event of any conflict between the provisions of this subparagraph 2G12B and the preceding subparagraph 2G12A, the provisions of this subparagraph 2G12B shall control. C. Conformance with all applicable codes and ordinances. 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. Street Graphics. In this PSFR2 zoning district, street graphics 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. 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 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 VOLUME LXXII DECEMBER 19, 2007 914 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, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor DECEMBER 19, 2007 VOLUME LXXII 915 Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G100-07 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (WESEMANN PROPERTY-955 MARSHALL ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Walters, 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.G100-07 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (Wesemann Property – 955 Marshall Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PCF Planned Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property: VOLUME LXXII DECEMBER 19, 2007 916 “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:” Those areas on the attached zoning plat, prepared by JEN Land Design, Inc., dated January 24, 2007, designated in the PCF Planned Community Facility District. Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or on a not for profit basis. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. D. Zoning Districts - Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use of land and structures shall be 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: DECEMBER 19, 2007 VOLUME LXXII 917 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). Finance, Insurance, and Real Estate Division. 3. "Development sales office" [SR] (UNCL). Construction Division. 4. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 5. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 6. "Radio and television antennas" [SR] (UNCL). 7. "Satellite dish antennas" [SR] (UNCL). 8. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 9. "Fences and walls" [SR] (UNCL). 10. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 11. "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. 12. "Refuse collection area" [SR]. 13. "Street Graphics" [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics. 14. "Temporary uses" [SR] (UNCL). 15. "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. 16. "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: 1. INTENTIONALLY OMITTED 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). VOLUME LXXII DECEMBER 19, 2007 918 8. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 9. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 10. "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. 11. "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. 12. "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. 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: DECEMBER 19, 2007 VOLUME LXXII 919 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. 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. VOLUME LXXII DECEMBER 19, 2007 920 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 DECEMBER 19, 2007 VOLUME LXXII 921 expressed by the following formula: BC = [(ZLA 20,000) x .4016] + 6,000. 11. Landscaping. In this PCF zoning district, landscaping shall be installed in substantial conformance with the Preliminary Landscape Plan, prepared by David R. McCallum Associates, Inc., dated January 22, 2007. 12. Supplementary Conditions. In this PCF zoning district, the use and development of land and structures shall also be subject to the following conditions: B. Substantial conformance to the Petitioner’s Statement and Development Plans contained within the Wesemann Property Binder, submitted by HPI Elgin, LLC, inclusive of: 5. Preliminary Plat for Wesemann Property, prepared by JEN Land Design, Inc., last revised October 10, 2007. 6. Preliminary Engineering Plans for Wesemann Property, prepared by Manhard Consulting, Ltd., last revised June 27, 2007. 7. Preliminary Landscape Plan, prepared by David R. McCallum Associates, Inc., dated January 22, 2007. B. Conformance with all applicable codes and ordinances. H. Off-street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PCF zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Street Graphics. In this PCF zoning district, street graphics shall be subject to the provisions of Chapter 19.50, Street Graphics of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A VOLUME LXXII DECEMBER 19, 2007 922 conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. 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 immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor DECEMBER 19, 2007 VOLUME LXXII 923 Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-317 ADOPTED APPROVING PRELIMINARY PLAT FOR WESEMANN PROPERTY-955 MARSHALL ROAD Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-317 RESOLUTION APPROVING PRELIMINARY PLAT FOR WESEMANN PROPERTY 955 MARSHALL ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by JEN Land Design dated December 18, 2006, last revised October 10, 2007 for the Wesemann Property, 955 Marshall Road. The approval granted by this resolution is tentative in nature, involving the general acceptability of the layout as submitted, and shall not qualify the plat for recording. Application for final approval shall be made not later than one year after the date of this resolution and must be supported by such drawings, specifications and monetary assurance as may be necessary to demonstrate compliance with applicable statutes and ordinances. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII DECEMBER 19, 2007 924 MOTION TO CONSIDER AGENDA ITEMS O-13 THROUGH O-16 IN ONE MOTION Councilmember Walters made a motion, seconded by Councilmember Kaptain, to c Other Business Agenda Items 13 through 16 (Ordinance Nos. S14-07, G102-07, and G103-07, and Resolution No. 07-320) in one motion. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. S14-07, G102-07, and G103-07, and Resolution No. 07-320. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. ORDINANCE S14-07 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (HPI-ELGIN, L.L.C.-WEST ASSEMBLAGE-SOUTH PORTION) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. S14-07 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (HPI-Elgin, L.L.C.-West Assemblage-South Portion) WHEREAS, a petition signed by all the owners of record of certain territory and by at least 51% of the electors residing at such territory has been filed with the City Clerk requesting the annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath that at least 51% of the electors residing on such territory have joined in the petition; and WHEREAS, said territory which consists of the HPI-Elgin, LLC-West Assemblage- South Portion is not within the corporate limits of any municipality but is contiguous to the corporate limits of the City of Elgin; and WHEREAS, legal notices of the intent of the City of Elgin to annex the subject property have previously been forwarded to all public bodies required to receive said notice in the manner provided by law; and WHEREAS, on December 15, 2004, the City Council of the City of Elgin authorized the execution of an annexation agreement which would provide for the annexation of the subject property (hereinafter referred to as "the Subject Annexation Agreement"); and DECEMBER 19, 2007 VOLUME LXXII 925 WHEREAS, the Subject Annexation Agreement provides in part that by agreement of the parties the subject property may be annexed into the City of Elgin in phases; and WHEREAS, the City of Elgin and the owners of the subject property have determined that it is in their best interests to provide for the annexation of the subject property in phases; and WHEREAS, the North Portion of the subject Property was previously annexed into the City of Elgin pursuant to Ordinance No. S6-06 adopted by the City Council on March 22, 2006; and WHEREAS, the South Portion of the Subject Property has become contiguous to the corporate limits of the City of Elgin and the City of Elgin and the owners of the subject property have determine that it is in their best interests to provide for the annexation of the South Portion of the subject property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are hereby annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin the following described territory: Tract One Parcel One: The South 445.5 feet of the West half of the Southwest Quarter of Section 3 and the South 445.5 feet of the East half of the Southeast Quarter of Section 4, all in Township 41 North, Range 7 East of the Third Principal Meridian, in Plato Township, Kane County, Illinois. Also: that part of Marshall Road lying Easterly of and adjacent to the above described Tract One Parcel One. Parcel Two: The West half of the Southeast Quarter (except the South 454.78 feet of the West 670.75 feet thereof) of Section 4, Township 41 North, Range 7 East of the Third Principal Meridian, in Plato Township, Kane County, Illinois. Tract Two: Parcel One: The North 445.5 feet of the South 891 feet of the West half of the Southwest Quarter of Section 3 and the North 445.5 feet of the South 891 feet of the East Half of the Southeast Quarter of Section 4, all in Township 41 North, Range 7 East of the Third Principal Meridian, in Plato Township, Kane County, Illinois. VOLUME LXXII DECEMBER 19, 2007 926 Also: That part of Marshall Road lying easterly of and adjacent to the above described Tract Two Parcel One. Parcel Two: The West half of the Southwest quarter of Section 3 (except the North 1000 feet and except the South 891 feet, as measured along the east and west lines thereof) and the East half of the Southeast Quarter of Section 4 (except the North 1000 feet and except the South 891 feet, as measured along the East and West lines thereof), all in Township 41 North, Range 7 East of the Third Principal Meridian, in Plato Township, Kane County, Illinois. Also: That part of Marshall Road lying Easterly of and adjacent to the above described Tract Two Parcel Two. Tract Three: The Southwest Quarter of Section 4, Township 41 North, Range 7 East of the Third Principal Meridian, in Plato Township, Kane County, Illinois. Also: That part of Barr Road lying Easterly of and adjacent to the above described Tract Three. Also, that part of U.S. Route 20 lying Northeasterly of and adjacent to the above described parcel. Section 2. That a certified copy of this ordinance together with an accurate map of said territory shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 19, 2007 VOLUME LXXII 927 ORDINANCE G102-07 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT-STANDARD SINGLE FAMILY LOT NEIGHBORHOODS 2,3,4,5,6 AND 7 (HPI-ELGIN, L.L.C., WEST ASSEMBLAGE–1101 MARSHALL ROAD) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G102-07 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT Standard Single Family Lot Neighborhoods 2, 3, 4, 5, 6 and 7 (HPI-ELGIN– L.L.C, West Assemblage – 1101 Marshall Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory 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: 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, prepared by JEN Land Design, Inc., dated June 10, 2004, with a final revision date of December 3, 2004, designated in the PSFR2 Planned Single Family Residence District, and identified as Neighborhoods 2, 3, 4, 5, 6 and 7, on the Preliminary PUD Plan, prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of August 26, 2004 (page 1). VOLUME LXXII DECEMBER 19, 2007 928 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 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. DECEMBER 19, 2007 VOLUME LXXII 929 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. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, 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. 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. VOLUME LXXII DECEMBER 19, 2007 930 11. “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. 12. “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. 13. “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 site design regulations shall be as follows: 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, subject to the standards set forth below in subsections 2, 3, and 4. 2. Lot Area and Lot Width. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] and “lot width” [SR] shall be in substantial conformance with the following documents: a. Concept Plan for HPI – Elgin (identified as sheet 1 of 3), West Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004, with a final revision date of August 26, 2004. b. Preliminary PUD Plan for HPI – Elgin, West Assemblage, Sheets 2 and 3, prepared by JEN Land Design, Ltd., dated June 15, 2004, with a final revision date of September 10, 2004. c. Preliminary Engineering Improvement Plans for HPI Elgin Assemblage – West, sheets 100, 200, 201, 202, and 203, prepared by Cowhey Gudmonson Leder, Ltd., dated June 11, 2004, with a final revision date of December 4, 2004, with modifications thereto in conformance with Exhibit G of the annexation agreement and the December 3, 2004 letter from Cowhey Gudmonson Leder, Ltd., regarding preliminary submittal commentary. 3. 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, except as set forth below in subsection 4. 4. 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. DECEMBER 19, 2007 VOLUME LXXII 931 b. Side Setback. The minimum required building setback from a “side lot line” [SR] shall be seven (7) linear feet. The combined width of the side setbacks from the side lot lines shall not be less than fourteen (14) linear feet. c. Interior Setback. The minimum required building setback from an “interior lot line” [SR] shall be seven (7) linear feet. d. Rear Setback. The minimum required building setback from a “rear lot line” [SR] shall be thirty (30) linear feet 5. 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. 6. 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, except to the extent that the same conflicts with the standards set forth above. 7. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.40 (40%). 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 following landscape plans, prepared by JEN Land Design, dated June 15, 2004, and revised on September 10, 2004 (unless otherwise noted): a. Substantial conformance to the Typical Foundation Planting Plans Single Family, for HPI Elgin, L.L.C., prepared by Landworks Ltd., and dated June 25, 2004. b. Landscape Guidelines for the West Assemblage, the Entry Landscape Concept – Plan View. c. Neighborhood Three/Plank Road Estates Landscape Buffer Section – West Assemblage. d. Typical Buffer Section along Residential Collector Road – West Assemblage (referencing Single Family Neighborhoods 2, 3, 4, 5, 6, & 7). e. Typical Buffer Section Residential Collector Road – West Assemblage (referencing Townhome Neighborhood 8). VOLUME LXXII DECEMBER 19, 2007 932 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 following documents: a. Concept Plan for HPI – Elgin (identified as sheet 1 of 3), West Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004, with a final revision date of August 26, 2004. b. Preliminary PUD Plan for HPI – Elgin, West Assemblage, Sheets 2 and 3, prepared by JEN Land Design, Ltd., dated June 15, 2004, with a final revision date of September 10, 2004. c. Preliminary Engineering Improvement Plans for HPI Elgin Assemblage – West, sheets 100, 200, 201, 202, and 203, prepared by Cowhey Gudmonson Leder, Ltd., dated June 11, 2004, with a final revision date of December 4, 2004, with modifications thereto in conformance with Exhibit G of the annexation agreement and the December 3, 2004 letter from Cowhey Gudmonson Leder, Ltd., regarding preliminary submittal commentary. d. Substantial conformance to the HPI Pingree Grove, L.L.C., Residential Images – Single Family Detached, prepared by HPI – Elgin, L.L.C, identified as Exhibit 14 in the City Council Binder . e. Architectural Standards for Single Family Detached and Single Family Attached Dwellings, revised on December 3, 2004. f. Substantial conformance to the Draft Declaration of Covenants, Conditions, and Restrictions for Homeowners Association, prepared by HPI – Elgin, L.L.C., dated June 11, 2004, and last revised December 3, 2004. g. Specific building elevations plans for all residential structures proposed to be constructed in this PSFR2 Planned Single Family Residence District shall be submitted to the city’s Community Development Director for review and approval. The standards for such review and approval shall be the terms of this ordinance and other applicable ordinances and other requirements of law. h. Notwithstanding any of the above conditions, the minimum floor area for a detached single family dwelling unit shall be 2,000 square feet for a single story dwelling, and 2,400 square feet for a two-story dwelling. Floor area shall be calculated as defined by EMC Chapter 19, Zoning. Where this provision conflicts with any of the above conditions, this condition shall take precedent. i. Additions to any residential structures on the Subject Property shall only be permitted to the rear elevations of such structures and no additions shall be permitted to the front and/or side elevations on any such residential structures. 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. DECEMBER 19, 2007 VOLUME LXXII 933 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, Signs, of the Elgin Municipal Code, 1976, as amended. All signs shall also be subject to paragraph G., Site Design, of this ordinance, subject to review and approval by the Community Development Group, and substantial conformance to the HPI Pingree Grove, L.L.C., - Community Images – Entry Way and Signage exhibit, prepared by HPI – Elgin, L.L.C., with the following exception: all signs must be monument style signs and shall conform to the surface area requirements of the sign ordinance. 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 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 VOLUME LXXII DECEMBER 19, 2007 934 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 Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G103-07 PASSED CLASSIFYING PCF PLANNED COMMUNITY FACILITY DISTRICT-OPEN SPACE AND PARK PARCELS F, G, H, I, J, K, L, M, N, O AND P (HPI-ELGIN, L.L.C., WEST ASSEMBLAGE-1101 MARSHALL ROAD) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. DECEMBER 19, 2007 VOLUME LXXII 935 Ordinance No. G103-07 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT Open Space and Park Parcels F, G, H, I, J, K, L, M, N, O and P (HPI-Elgin, L.L.C. West Assemblage – South Portion) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PCF Planned Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property: The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property (parcel numbers as referenced are as indicated on the Preliminary Subdivision Plat):” Those areas on the attached zoning map, prepared by JEN Land Design, Inc., dated June 15, 2004, with a final revision date of December 3, 2004, designated in the PCF Planned Community Facility District, and identified as “Open Space” and Park Parcels F, G, H, I, J, K, L, M, N, O and P, on the Preliminary PUD Plan, prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of August 26, 2004 (page 1), said areas being located within the property legally described as follows: Tract One Parcel One: The South 445.5 feet of the West half of the Southwest Quarter of Section 3 and the South 445.5 feet of the East half of the Southeast Quarter of Section 4, all in Township 41 North, Range 7 East of VOLUME LXXII DECEMBER 19, 2007 936 the Third Principal Meridian, in Plato Township, Kane County, Illinois. Also: that part of Marshall Road lying Easterly of and adjacent to the above described Tract One Parcel One. Parcel Two: The West half of the Southeast Quarter (except the South 454.78 feet of the West 670.75 feet thereof) of Section 4, Township 41 North, Range 7 East of the Third Principal Meridian, in Plato Township, Kane County, Illinois. Tract Two: Parcel One: The North 445.5 feet of the South 891 feet of the West half of the Southwest Quarter of Section 3 and the North 445.5 feet of the South 891 feet of the East Half of the Southeast Quarter of Section 4, all in Township 41 North, Range 7 East of the Third Principal Meridian, in Plato Township, Kane County, Illinois. Also: That part of Marshall Road lying easterly of and adjacent to the above described Tract Two Parcel One. Parcel Two: The West half of the Southwest quarter of Section 3 (except the North 1000 feet and except the South 891 feet, as measured along the east and west lines thereof) and the East half of the Southeast Quarter of Section 4 (except the North 1000 feet and except the South 891 feet, as measured along the East and West lines thereof), all in Township 41 North, Range 7 East of the Third Principal Meridian, in Plato Township, Kane County, Illinois. Also: That part of Marshall Road lying Easterly of and adjacent to the above described Tract Two Parcel Two. Tract Three: The Southwest Quarter of Section 4, Township 41 North, Range 7 East of the Third Principal Meridian, in Plato Township, Kane County, Illinois. Also: That part of Barr Road lying Easterly of and adjacent to the above described Tract Three. Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: DECEMBER 19, 2007 VOLUME LXXII 937 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 a not-for-profit basis. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. D. Zoning Districts - Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use of land and structures shall be 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). Services Division. VOLUME LXXII DECEMBER 19, 2007 938 9. Elementary and secondary schools (821). 12. Museums, art galleries and botanical and zoological gardens (841). 15. Public Libraries (823). Construction Division. 17. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 20. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 21. "Radio and television antennas" [SR] (UNCL). 22. "Satellite dish antennas" [SR] (UNCL). 23. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 25. "Fences and walls" [SR] (UNCL). 26. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 27. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 28. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 29. "Refuse collection area" [SR]. 30. "Storage Tanks" [SR] (UNCL). 31. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 32. "Temporary uses" [SR] (UNCL). 33. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 34. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Services Division. 1. Arenas, sports fields, and stadiums (UNCL). 2. Child day care services (835). 3. "Institutional child day care services" [SR] (8351). 4. Job training and vocational rehabilitation service. 5. Social services not elsewhere classified (839). 6. Sporting and recreational camps (7032). Mining Division. 10. "Temporary mining" [SR] (UNCL). Transportation, Communication and Utilities Division. DECEMBER 19, 2007 VOLUME LXXII 939 12. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 13. "Conditional Commercial Antenna Tower" [SR] (UNCL). 14. Electric power generation (UNCL). 17. Local and suburban passenger transportation operators (411). 18. Local and suburban transit and interurban highway passenger transportation facilities for passenger boarding (417). 20. "Other radio and television antennas" [SR] (UNCL). 22. "Other satellite dish antennas" [SR] (UNCL). 23. Pipelines, except natural gas (461). 27. Refuse systems (4953). 32. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 36. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 37. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 38. "Parking structures" [SR] (UNCL). 39. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 40. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 41. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and in the Annexation Agreement. In this PMFR district, the use and development of land and structures shall be subject to the following conditions: a. Concept Plan for HPI – Elgin, West Assemblage, prepared by JEN Land Design, Inc. (identified as sheet 1 of 3) , dated June 15, 2004, and revised on August 26, 2004. b. Preliminary PUD Plan for HPI – Elgin, West Assemblage, Sheets 2 and 3, prepared by JEN Land Design, Ltd., dated June 15, 2004, and revised on September 10, 2004. c. Preliminary Engineering Improvement Plans for HPI Elgin Assemblage – East, prepared by Cowhey Gudmonson Leder, Ltd., sheets 100, 200, 201, 202, and 203, dated June 11, 2004, and revised on December 4, 2004, with modifications thereto in conformance with Exhibit G of the annexation VOLUME LXXII DECEMBER 19, 2007 940 agreement and the December 3, 2004 letter from Cowhey Gudmonson Leder, Ltd., regarding preliminary submittal commentary. d. Substantial conformance to the following landscape plans, prepared by JEN Land Design, dated June 15, 2004, with a final revision date of September 15, 2004: i. Landscape Guidelines for the West Assemblage, the Entry Landscape Concept – Plan View. ii. Neighborhood Three/Plank Road Estates Landscape Buffer Section – West Assemblage. iii. Typical Buffer Section – West Assemblage (detailing single family neighborhoods 2, 3, 4, 5, 6, & 7). iv. Typical Buffer Section – West Assemblage (detailing townhome neighborhood 6). e. Substantial conformance to the Draft Declaration of Covenants, Conditions, and Restrictions for Homeowners Association, prepared by HPI – Elgin, L.L.C., and dated June 11, 2004, and revised on December 3, 2004. 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, Signs of the Elgin Municipal Code, 1976, as amended. All signs shall also be subject to paragraph G., Site Design, of this ordinance, subject to review and approval by the Community Development Group, and subject to substantial conformance to the HPI Pingree Grove, L.L.C., - Community Images – Entry Way and Signage exhibit, prepared by HPI – Elgin, L.L.C., with the following exception: all signs must be monument style signs and shall conform to the surface area requirements of the sign ordinance. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF DECEMBER 19, 2007 VOLUME LXXII 941 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. In this PCF zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 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 DECEMBER 19, 2007 942 Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-320 ADOPTED APPROVING PRELIMINARY PLAT OF SUBDIVISION AND MASTER CONCEPT PLAN (HPI-ELGIN, L.L.C., WEST ASSEMBLAGE (14N464 US HWY 20 AND 12N250/13N029 BARR ROAD) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-320 RESOLUTION APPROVING PRELIMINARY PLAT OF SUBDIVISION AND MASTER CONCEPT PLAN HPI-ELGIN, L.L.C. WEST ASSEMBLAGE (14N464 US Hwy 20 and 12N250-13N029 Barr Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary PUD plan prepared by JEN Land Design, Inc. Sheet 1 dated August 26, 2004, Sheets 2 and 3 dated September 10, 2004, and hereby approves the Master Concept Plan prepared by JEN Land Design, Inc. dated August 26, 2004. The approval granted by this resolution is tentative in nature, involving the general acceptability of the layout as submitted, and shall not qualify the plat for recording. Application for final approval shall be made not later than one year after the date of this resolution and must be supported by such drawings, specifications and monetary assurance as may be necessary to demonstrate compliance with applicable statutes and ordinances. s/ Ed Schock Ed Schock, Mayor DECEMBER 19, 2007 VOLUME LXXII 943 Presented: December 19, 2007 Adopted: December 19, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Team Reil Union, IL $24,926.00 Playground equipment for Clara Howard Park REMOVAL OF RESOLUTION NO. 07-309 FROM THE CONSENT AGENDA Councilmember Walters made a motion, seconded by Councilmember Gilliam, to remove Resolution No. 07-309 from the consent agenda. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-309 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH MIDWEST ACADEMY OF TAEKWON-DO 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, and Mayor Schock. Nays: None. Councilmember Walters abstained due to a conflict of interest. Resolution No. 07-309 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE MIDWEST ACADEMY OF TAEKWON DO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Service Agreement in the amount of $22,150 on behalf of VOLUME LXXII DECEMBER 19, 2007 944 the City of Elgin with the Midwest Academy of TaeKwon Do for martial arts instruction at The Centre, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G75-07 through G98-07, G101-07, G104-07, and G105-07, and adopt Resolution Nos. 07-305 through 07-308, and 07-310 through 07-314, 07-319, and 07- 321 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-305 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH DSM DESOTECH, INC. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-305 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH INC. WHEREAS, DSM Desotech Inc., a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, DECEMBER 19, 2007 VOLUME LXXII 945 be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin with DSM Desotech Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-306 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-306 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS WHEREAS, Illinois Tool Works, a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin with St. Charles Street Properties for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII DECEMBER 19, 2007 946 Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-307 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH ST. CHARLES PROPERTIES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-307 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES WHEREAS, St. Charles Street Properties, a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin with St. Charles Street Properties for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor DECEMBER 19, 2007 VOLUME LXXII 947 Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-308 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH DIXON DANCE ACADEMY Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-308 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH DIXON DANCE ACADEMY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a service agreement on behalf of the City of Elgin with the Dixon Dance Academy in the amount of $37,400 to provide dance instruction at The Centre for the year 2008, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII DECEMBER 19, 2007 948 RESOLUTION 07-310 ADOPTED AUTHORIZING EXECUTION OF A REIMBURSEMENT AGREEMENT WITH KINNEY ELECTRIC Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-310 RESOLUTION AUTHORIZING EXECUTION OF A REIMBURSEMENT AGREEMENT WITH KINNEY ELECTRIC 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 reimbursement agreement on behalf of the City of Elgin with Kinney Electric for storm sewer improvements at 573 North Crystal Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-311 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CDS OFFICE TECHNOLOGIES FOR PURCHASE OF MOBILE DATA TERMINALS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. DECEMBER 19, 2007 VOLUME LXXII 949 Resolution No. 07-311 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CDS OFFICE TECHNOLOGIES FOR PURCHASE OF MOBILE DATA TERMINALS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with CDS Office Technologies for the purchase of mobile data terminals, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-312 ADOPTED AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM AGREEMENT WITH TERRI LYNN, INC. FOR IMPROVEMENTS AT 1450 BOWES ROAD Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-312 RESOLUTION AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM AGREEMENT WITH TERRI LYNN, INC. (1450 Bowes Road) 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 business improvement program agreement on behalf of the VOLUME LXXII DECEMBER 19, 2007 950 City of Elgin with Terri Lynn, Inc. for improvements to1450 Bowes Road, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-313 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH GRANICUS, INC. FOR MEDIA WEB STREAMING OF PUBLIC CITY MEETINGS AND OTHER CITY PROGRAMMING Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution 07-313 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GRANICUS, INC. FOR MEDIA WEB STREAMING OF PUBLIC CITY MEETINGS AND OTHER CITY PROGRAMMING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Granicus, Inc. for media web streaming of public city meeting and other city programming hosting services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor DECEMBER 19, 2007 VOLUME LXXII 951 Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-314 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH BOLINGER, LACH AND ASSOCIATES, INC. FOR THE U.S. ROUTE 20/NESLER ROAD INTERSECTION IMPROVEMENT PROJECT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution 07-314 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH BOLLINGER LACH AND ASSOCIATES, INC. FOR U.S. ROUTE 20/NESLER ROAD INTERSECTION IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Bollinger Lach and Associates, Inc. for U.S. Route 20/Nesler Road Intersection Improvement Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII DECEMBER 19, 2007 952 RESOLUTION 07-319 ADOPTED AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH ADDISON RESTAURANT SERVICES, INC. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution 07-319 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH ADDISON RESTAURANT SERVICES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a lease agreement on behalf of the City of Elgin with Addison Restaurant Services, Inc. to operate food and beverage operations at The Highlands Elgin Golf Course, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-321 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BAXTER & WOODMAN, INC. FOR PROFESSIONAL SERVICES (NPDES PHASE II STORM WATER COMPLIANCE PROJECT) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. DECEMBER 19, 2007 VOLUME LXXII 953 Resolution No. 07-321 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BAXTER & WOODMAN, INC. FOR PROFESSIONAL SERVICES (NPDES Phase II Storm Water Permit Compliance Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Baxter and Woodman, Inc. for professional services in connection with NPDES Phase II Storm Water Permit Compliance Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Adopted: December 19, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G75-07 PASSED ESTABLISHING FEES AND CHARGES FOR THE USE OF THE CENTRE Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G75-07 AN ORDINANCE ESTABLISHING FEES AND CHARGES FOR THE USE OF THE CENTRE WHEREAS, the City Council has determined that it is necessary and proper to establish an amended fee schedule and other policies relative to the operation of The Centre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following fees and charges be, and the same are hereby established for The Centre effective January 1, 2008: VOLUME LXXII DECEMBER 19, 2007 954 MEMBERSHIP FEES Membership Types Resident Non-Resident Individual Platinum $785.00 $985.00 Individual Gold $440.00 $550.00 Individual Silver $335.00 $420.00 Individual Bronze $225.00 $280.00 Couple Platinum $1,260.00 $1,570.00 Couple Gold $705.00 $880.00 Couple Silver $535.00 $670.00 Couple Bronze $405.00 $505.00 Youth/Senior Platinum $620.00 $775.00 Youth/Senior Gold $355.00 $440.00 Youth/Senior Silver $270.00 $340.00 Youth/Senior Bronze $180.00 $225.00 Additional 3 - 4 Member Platinum $130.00 each $165.00 each Additional 3 - 4 Member Gold $130.00 each $165.00 each Additional 3 - 4 Member Silver $115.00 each $145.00 each Additional 3 - 4 Member Bronze $55.00 each $65.00 each Additional 5+ Member Platinum $65.00 each $80.00 each Additional 5+ Member Gold $55.00 each $65.00 each Additional 5+ Member Silver $45.00 each $55.00 each Additional 5+ Member Bronze $35.00 each $45.00 each Initiation Fees Individual $50.00 Youth/Senior $30.00 Couple $105.00 Family $105.00 AQUATIC CENTER DAILY FEES Daily Resident Non-Resident Adult $ 7.00 $ 8.00 Senior $ 6.00 $ 7.00 Youth $ 6.00 $ 7.00 Group (20 or 501-C3 more people) Resident Only Resident Non-Resident Adult $ 3.00 $ 5.00 $ 6.00 Senior $ 2.50 $ 4.00 $ 5.00 Youth $ 2.50 $ 4.00 $ 5.00 DECEMBER 19, 2007 VOLUME LXXII 955 OPEN GYM DAILY FEES Daily Resident Non-Resident Adult $ 8.00 $10.00 Senior $ 4.00 $ 6.00 Youth $ 4.00 $ 6.00 CENTRE DAILY FEES* Daily Resident Non-Resident Adult $14.00 $16.00 Senior $14.00 $16.00 Youth $14.00 $16.00 * Centre Daily Fee shall include unlimited use of the fitness center, Centercise, aquatic center, track, open gym, climbing wall and racquetball. WALKING TRACK Daily Resident/Member Non-Resident Free $ 3.00 Monthly Pass Free $20.00 PRIVATE POOL RENTAL Entire Facility $165/hr. Resident/$205/hr. Non-Resident Two hour minimum with 100 or more people TEEN CENTER MEMBERSHIP FEE Resident Non-Resident $22.00 per 6 months $25.00 per 6 months SENIOR CENTER MEMBERSHIP FEE Resident Non-Resident $20.00 per 12 months $25.00 per 12 months VOLUME LXXII DECEMBER 19, 2007 956 THREE-MONTH MEMBERSHIP FEES 3 Month Membership Types Resident Non-Resident Individual Fitness – Introductory Offer $105.00 $125.00 Individual Aquatic – Introductory Offer $75.00 $95.00 Individual Youth/Senior Fitness Introductory Offer $105.00 $125.00 Individual Youth/Senior Aquatics Introductory Offer $75.00 $95.00 Individual Fitness - Ongoing $155.00 $195.00 Individual Aquatic - Ongoing $110.00 $140.00 Individual Youth/Senior Fitness - Ongoing $155.00 $195.00 Individual Youth/Senior Aquatics - Ongoing $110.00 $140.00 CORPORATE MEMBERSHIPS Discounted Corporate rates will be based on the projected number of employees to become members. The discounted structure is based as follows: 1 to 9 Employees receive a 10% Discount against the membership of their choice. 10 plus Employees receive a 15% Discount against the membership of their choice. This discount will be applied towards the employee and family members within their household. Residency fees will apply against corporations residing in Elgin and will be extended to their employees and family members. SEVEN-DAY INDIVIDUAL MEMBERSHIP FEE Membership Type Resident Non-Resident All Facility $ 44.00 $ 55.00 Seven-Day pass must be used within seven days of purchase and is non-transferable. DECEMBER 19, 2007 VOLUME LXXII 957 ROOM RENTAL RATES CENTRE – HERITAGE BALLROOM RENTAL Type 2008 Resident 2008 Non- Resident 2008 501-c3 Monday-Thursday 2 Hour Minimum $ 110 $ 135 $ 85 4 Hours $ 215 $ 270 $ 170 6 Hours $ 325 $ 405 $ 260 Full Day (9 Hours) $ 485 $ 605 $ 390 Additional Hour $ 55 $ 75 $ 45 Friday & Sunday 2 Hour Minimum $ 160 $ 205 $ 130 4 Hours $ 325 $ 410 $ 260 6 Hours $ 485 $ 615 $ 390 Full Day (9 Hours) $ 730 $ 925 $ 585 Additional Hour $ 80 $ 105 $ 65 Saturday 2 Hour Minimum $ 215 $ 325 $ 170 4 Hours $ 430 $ 650 $ 345 6 Hours $ 650 $ 975 $ 520 Full Day (9 Hours) $ 970 $ 1,460 $ 780 Additional Hour $ 110 $ 160 $ 85 DISCOUNT RENTAL FEES: A. 20% off room rental fee for entire ballroom (north and south rooms) when booking a catered event for a minimum of $10.00 per person. B. 30% off room rental fee for entire ballroom (north and south rooms) when any bar package is included in rental. VOLUME LXXII DECEMBER 19, 2007 958 ROOM RENTAL RATES (cont.) GYMNASIUM (Per Hour) 501-C3 Resident Non-Resident Organizations One Court $ 60 $ 75 $ 50 Full $180 $ 225 $145 Small Gym $ 35 $ 45 $ 30 KITCHEN (Per Hour) $ 35 $ 45 $ 30 MEETING/CONFERENCE ROOM (Per Hour) (Maximum 30 People) $ 35 $ 45 $ 30 PARTY ROOM (Per Hour) $ 35 $ 45 $ 30 PROGRAM ROOM (Per Hour) (Maximum 65 People) $ 35 $ 45 $ 30 SPECIAL USE (Per Hour) $ 35 $ 45 $ 30 • Resident (RES) fees and rates require an individual, couple or family to have their bona fide and principal residence within the corporate city limits of the City of Elgin. • Non-Resident (NR) fees and rates are 25% greater than resident fees and rates. • A couple is defined as two individuals residing in the same household. • A family is defined as a couple adding additional members to complete the family unit. A minimum of one adult and a maximum of two adults all residing in the same household is required. (Note: No more that 2 adults per membership) • The additional member rate only applies to youth residing in the same household being added to a couple membership to make up a family unit. • An adult is defined as a person 18 years of age or older. • A youth is defined as a person three years of age or older but less than 18 years of age or a person between 18 and 23 years of age currently enrolled as a full-time student. • A child is defined as a person less than three years of age. Children are free. • A senior is defined as a person 62 years of age or older. • Youths less than 14 years of age may not use the health fitness center. Youths, ages 14 to 17, may use the health fitness center but must first submit a waiver executed by a parent or legal guardian. • Youths may not use the health fitness center locker room. • Youths under the age of nine must be accompanied by adults at all times when using the aquatic center. • Youths 10 years of age and younger must be accompanied by an adult or legal guardian at all times when using the racquetball facilities. DECEMBER 19, 2007 VOLUME LXXII 959 • 501C3 Organizations must have a principal place of business in the corporate city limits of the City of Elgin to receive the 501C3 Organization room rental rates. • The Centre Manager with the approval of the City Manager or his or her designee shall have the authority to implement periodic promotional programs or discounts as an incentive to generate additional or renewed memberships. • The Manager of The Centre shall have the authority to reduce the room rental rates for the Banquet Room, Gymnasium, Kitchen, Meeting/Conference Room, Party Room and Program Room subject to the following conditions: A. A potential customer has presented a written proposal from a bona fide competitor that is quoting a price for the rental of a competing room facility at a rate that is less than the rate established by the city for a similar product; B. The Manager of The Centre reasonably believes that the potential customer will contract for services with the competing facility unless the applicable room rental rate is reduced in an amount that makes the city facility competitive with the rival written proposal; C. The Manager of The Centre reduces the applicable room rental rate in the smallest amount necessary to secure a contract with the potential customer; and D. Except as otherwise provided in this paragraph, the fee reduction will not exceed twenty-five percent (25%) of the applicable room rental rate established by this ordinance unless the rental includes food or bar packages. The Manager of The Centre may reduce the room rental rates in excess of twenty-five percent (25%) of the applicable room rental established by this ordinance provided the proposed fee reduction is reviewed and approved by the city manager or his or her designee. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII DECEMBER 19, 2007 960 ORDINANCE G76-07 PASSED ESTABLISHING FEES FOR THE USE OF FESTIVAL PARK Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G76-07 AN ORDINANCE ESTABLISHING FEES FOR THE USE OF FESTIVAL PARK WHEREAS, the City Council has determined that it is necessary and proper to establish a fee schedule relative to the operation of Festival Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following fees and charges be, and the same are hereby established for Festival Park effective January 1, 2008: TYPE 2008 Rental Fee $100 (per event) Security Deposit $500 (per event) Maintenance Charge $ 90 (per hour) Section 2. That all ordinances or parts or ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 19, 2007 VOLUME LXXII 961 ORDINANCE G77-07 PASSED ESTABLISHING FEES AND CHARGES AT THE MUNICIPAL GOLF COURSES OF THE CITY OF ELGIN FOR THE 2008 GOLF SEASON AND ESTABLISHING CERTAIN POLICIES RELATIVE TO THE OPERATION OF SUCH COURSES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G77-07 AN ORDINANCE ESTABLISHING FEES AND CHARGES AT THE MUNICIPAL GOLF COURSES OF THE CITY OF ELGIN FOR THE 2008 GOLF SEASON AND ESTABLISHING CERTAIN POLICIES RELATIVE TO THE OPERATION OF SUCH COURSES WHEREAS, the City Council has determined that it is necessary and proper to establish a new fee schedule and other policies relative to the operation of the municipal golf courses of the City of Elgin for the 2008 golf season. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following fees and charges be, and the same are hereby established for the two municipal golf courses for the 2008 season, to-wit: SEASON PASSES & PROMOTIONAL PROGRAMS: THE HIGHLANDS OF ELGIN: 1. Frequent Golfer Awards Program. This program offers discounts to patrons making The Highlands their home course. The Awards must be used in the calendar year they are earned. The awards can only be used for future purchases, not be transferred or used for golf outings (groups larger than 16 players). Award items will be selected and the percentage modified based on promotional needs as determined by the golf services manager. 2. Resident, Corporate Residents and Non-Resident Unlimited Passes. A resident of the city or a full time employee of an Elgin based company can purchase an unlimited pass to The Highlands for an annual fee of $1500. A non-resident can purchase an unlimited pass to The Highlands for an annual fee of $1975. Corporate Resident passes are for Elgin based corporations and businesses only and proof of residency is required and subject to the approval of the golf services manager. 3. Resident and Non-Resident- Annual Limited Passes. Adults, seniors and juniors can purchase a limited pass for seven day/week. This pass does not allow the pass holder access to weekend and holiday play until after 12 pm but it is unlimited weekday. The fees are outlined below: VOLUME LXXII DECEMBER 19, 2007 962 Description Resident Non-Resident Adult (ages 18 through 61) $1000 $1385 Senior (62 years of age plus) $ 965 $1300 Junior (under 18 years of age) $ 385 $ 550 4. Annual Unlimited Weekday Only Pass. This offers unlimited golf on Monday through Friday at The Highlands (not including holidays). The fees are outlined below: Description Resident Non-Resident Senior (62 years of age plus) $ 620 $ 895 Junior (under 18 years old) $ 300 $ 430 5. Family Discounts. The family discount of 10% is applicable to a combination of an adult pass in combination with a junior pass or junior passes. The adult must be a parent(s) or legal guardian. 6. Wing Park Plus Fee. Wing Park Pass is for Wing Park Patrons only. Highlands pass holders are for Highlands Patrons only but can purchase the use of Wing Park for an additional $115 per person with the Wing Park Plus Fee. This is an available option for any Highlands Pass option. 7. Nine Hole Play. Nine hole play will not be available in the Phase 1 golf course. Instead, The Short Course will be used to denote the first eleven (11) holes and will be an alternative to players who do not have the time to play all the holes. 8. Weekday Family Golf in the Evening. Juniors play for $5 when accompanied with an adult patron. Available after 5:00 pm Monday thru Thursday not including holidays. The time may be modified by the golf services manager for promotional purposes or day light savings time issues. 9. Winter Golf. Upon conclusion of the regular golf season; as determined by the golf services manager, winter golf will be made available depending on course conditions. Winter golf season is defined as the period of December 1 through March 1 unless it is extended due to poor weather conditions. Annual regular season passes as defined above will not be valid during winter golf season. A daily greens fee of $20 plus standard golf car rate of $8 applies. Adult (age 18 and over) WING PARK ONLY PASSES*: Resident Non-Resident Adult (age 18 and over) $ 545 $ 700 Senior-7 day/week (62 years and over) $ 355 $ 495 Senior-5 day/weekday only excluding Sat., Sun. and holidays (62 years and over) $ 310 $ 395 Junior-7 day/week (high school student or age 17 and under) $ 210 $ 315 Junior-5 day/weekday only excluding Sat., Sun. and holidays (high-school student or age 17 and under) $ 175 $ 265 * Wing Park season passes are not valid for a corresponding pass rate at The Highlands of Elgin after Wing Park closes for the winter or prior to Wing Park opening for the season. A complimentary round will be offered to Wing Park Pass holders at The Highlands when the DECEMBER 19, 2007 VOLUME LXXII 963 staff closes for aerification in the fall. This round will be offered for that day only. Family Passes will be offered at 10% off each membership (Adult, Junior) with a minimum of one adult and one junior for the Wing Park Only pass. GREEN FEE RATES** – THE HIGHLANDS OF ELGIN: RESIDENT: Weekday Weekend 18 Holes $ 26.00 $ 35.00 18 Holes 12-4 p.m. DNA $ 30.50 18 Holes after 4 p.m. $ 17.50 $ 21.50 18 holes, Sr. and Jr. $ 20.50 DNA Short Course (11 holes) $ 15.50 DNA Short Course Jr/Sr (11 holes) $ 14.50 DNA Short Course (11 holes), after 3:00 pm DNA $ 21.50 STANDARD (NON-RESIDENT) RATE: Weekday Weekend 18 Holes $ 36.00 $ 43.00 18 Holes 12-4 p.m. DNA $ 38.00 18 Holes after 4 p.m. $ 25.00 $ 28.00 18 Holes, Sr. and Jr. $ 26.00 DNA Short Course (11 holes) $ 21.00 DNA Short Course Jr/Sr (11 holes) $ 20.00 DNA Short Course (11 holes), after 3:00 pm DNA $ 28.00 Weekdays: Monday through Friday. Weekends: Saturday, Sunday and Holidays. ** Rates do not include golf cars. Rates are greens fee only. GREEN FEE RATES*** - WING PARK: RESIDENT: Weekday Weekend 9 holes $ 12.50 $ 14.50 9 holes, Sr. and Jr. $ 11.00 DNA Replay 9 holes $ 7.50 $ 10.50 NON-RESIDENT: Weekday Weekend 9 holes $ 15.50 $ 17.50 9 holes, Sr. and Jr. $ 13.00 DNA Replay 9 holes $ 7.50 $ 10.50 Weekdays: Monday through Friday. Weekends: Saturday, Sunday and Holidays. *** Rates do not include golf cars. Rates are greens fee only. VOLUME LXXII DECEMBER 19, 2007 964 RENTAL RATES: WING PARK GOLF CART FEE**** THE HIGHLANDS GOLF CART FEE**** 9 Holes Cart $ 16.00 18-Hole Cart $ 32.00 9 Holes Cart replay $ 14.00 Short Course $ 18.00 Pull Cart $ 3.00 Pull Cart $ 3.00 GPS Option $ 3.00/player ****Single riders are charged 1/2 the prevailing rate. RENTAL CLUBS: DRIVING RANGE: 18 Holes $ 12.00 Small $ 5.00 9 Holes $ 7.00 Large $ 8.00 SCHOOL TEAM RATES: School golf team rate to be equal to one adult season pass per team per school Season at Wing Park or at The Highlands of Elgin. Schools located within Elgin shall receive the resident rate and schools outside city limits will be charged the non-resident rate. The pass will only be valid beginning the first full day of the school year. Additionally, a $10 fee/round will be charged for each round prior to the first scheduled day of school. A golf team will consist of no more than 24 players. RESERVATION CHARGES: Leagues will be charged a $25.00 fee for their block of times for the season. PERMANENT TEE TIME: The fee per foursome for a Saturday or Sunday (per day) permanent tee time is $150.00 at The Highlands and $50.00 at Wing Park Golf Course. BOWES CREEK MEMBERSHIP RATES: Bowes Creek Membership Rates Annual Membership Type 2008 2009 2010 2011 2012 Individual Membership includes unlimited golf, golf car, practice facility, CDGA handicap, account privileges and 20% awards bonus on all merchandise in the golf shop. Once purchased, annual membership rate is frozen through January 1, 2009. $2,800 $3,600 $4,400 TBD TBD DECEMBER 19, 2007 VOLUME LXXII 965 Toll Brothers Homeowner Membership includes the same as above and allows you the use of a member's owned golf car for a trail fee. Additionally, the membership is transferable to a new homeowner for a one time transfer fee of $1,000. $2,800 $3,600 $3,600 TBD TBD Family Membership for any additional household resident includes unlimited golf, golf car, practice facility, CDGA handicap, account privileges and 20% awards bonus on all merchandise in the golf shop. Membership rate is frozen for up to two years from the date of purchase. Rate is for each additional family member. Rates are added to an individual membership only and can not be purchased separately. $1,100 $1,100 $1,100 TBD TBD DISCOUNTS: A. DISABLED PERSONS DISCOUNTS: Senior citizen rates shall be available to disabled persons upon application which includes the following information: 1. Name and age of applicant. 2. Notarized affidavit that applicant is unable to work, full or part time, due to physical disability. 3. Written statement from licensed physician stating that the applicant is physically disabled and unable to work full or part time. B. GROUP DISCOUNTS & PROMOTION: 1. For groups of 16 or more a discount may be granted at the discretion of the Golf Services Manager. 2. Promotional advertisements or discounts may be used in response to competition at the discretion of the Golf Services Manager. 3. Active military personnel will receive a discount as described in Ordinance No. G62-05. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. VOLUME LXXII DECEMBER 19, 2007 966 Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G78-07 PASSED ESTABLISHING FEES FOR THE USE OF THE HEMMENS CULTURAL CENTER Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G78-07 ORDINANCE ESTABLISHING FEES FOR THE USE OF THE HEMMENS CULTURAL CENTER WHEREAS, the Office of the City Manager of the City of Elgin has recommended that the fees and charges heretofore established for the use of the Hemmens Cultural Center be revised; and WHEREAS, the City Council of the City of Elgin concurs in the recommendations of the Office of the City Manager for the years 2008, 2009, and 2010. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That from and after January 1, 2008 fees and charges for the use of the Hemmens Cultural Center shall be in accordance with the following schedule: DECEMBER 19, 2007 VOLUME LXXII 967 I. Event Time 2008 2009 2010 Stage Monday-Thursday per hour, three hour minimum $310 $325 $325 Friday-Sunday per hour, three hour minimum $350 $365 $365 (includes lobby, dressing & rehearsal rooms) Second Performance, same day Monday-Thursday $115 $120 $120 Friday-Sunday $145 $155 $155 Exhibition Hall Monday-Thursday, per hour, three hour minimum $155 $165 $165 Friday-Sunday, per hour, three hour minimum $195 $205 $205 One half of Exhibit Hall: 50% full rate Lobby Monday-Thursday per hour, three hour minimum $285 $300 $300 Friday-Sunday per hour, three hour minimum $325 $340 $340 Entire Building Monday-Thursday, per hour, three hour minimum $355 $375 $375 Friday-Sunday, per hour, three hour minimum $420 $440 $440 II. Rehearsal & Move-In/Out Times (3 hour minimum, unless consecutive to public event) 2008 2009 2010 Stage Per Hour Monday-Thursday $ 66 $ 69 $ 69 Friday-Sunday $ 83 $ 87 $ 87 Friday-Sunday other than day of event $122 $128 $128 Exhibition Hall Per Hour Monday-Thursday $ 49 $ 51 $ 51 Friday-Sunday $ 66 $ 69 $ 69 Friday-Sunday other than day of event $ 95 $100 $100 Entire Building Per Hour Monday-Thursday $ 83 $ 87 $ 87 Friday-Sunday $110 $115 $115 Friday-Sunday other than day of event $155 $165 $165 III. Other Spaces Rehearsal Room, Art Gallery, Green Room, (Non-Performance Use) Per Hour Monday-Thursday $ 66 $ 69 $ 69 VOLUME LXXII DECEMBER 19, 2007 968 Friday-Sunday $ 83 $ 87 $ 87 Kitchen, per day $ 61 $ 64 $ 64 (included with Exhibit Hall and Entire Building rentals) Equipment Storage per day $140 $147 $147 (for days not within contract period) Individuals and organizations with not-for-profit status will receive a 35% discount off the base building rental rate upon receipt of appropriate documentation. Elgin resident individuals and organizations will receive a 25% discount off the base building rental rate. Only one of the discounts listed above may be applied per contract. One Hemmens’ Staff person (does not include Senior Technician or Stage Manager) shall be included with full rate and standard discounted Building Rentals. Equipment used for, and additional personnel working the event, shall be an additional charge. Staff will not be included for groups receiving additional discounts or funding by the City of Elgin through Purchase of Service Agreements or Performance Contracts. A 100% discount on building rental shall be given for weekday (Monday-Thursday) events presented by School District U-46, Kane County or the State of Illinois. An additional 10% will be discounted from the building rental for Elgin Symphony Orchestra events. Building rental rates on observed city and federal holidays are charged at one and a half times the base rate. Contracts will not be written with more than two consecutive days of non-use. IV. 2008 - 2010 Equipment Rates 2008 2009 2010 1. Acoustical Reflectors (floor per unit) $ 10.50 $ 11.00 $ 11.00 2. Acoustical Reflectors (hanging, per set) $ 14.50 $ 15.25 $ 15.25 3. Chairs, metal folding $ .80 $ .80 $ .80 4. Chairs, padded $ 1.50 $ 1.50 $ 1.50 5. Tables, rectangle (5 backstage tables included) $ 4.75 $ 5.00 $ 5.00 6. Tables, round (including cocktail tables) $ 5.25 $ 5.50 $ 5.50 7. ROSCO Dance Floor $115.00 $120.00 $120.00 8. Electric Truck, per day $ 37.00 $ 39.00 $ 39.00 9. Mics & Dl's (1 included with rental) $ 22.50 $ 23.50 $ 23.50 10. Wireless Mic Surcharge, per day $ 5.25 $ 5.50 $ 5.50 11. Mirrorball, Blacklights $ 52.00 $ 52.00 $ 52.00 12. Fog Machines, Strobe Lights $ 59.50 $ 62.00 $ 62.00 13. Movie Screen $ 22.50 $ 23.50 $ 23.50 14. Manhasset Music Stands $ .75 $ .80 $ .80 DECEMBER 19, 2007 VOLUME LXXII 969 15. Music Stand Lights $ 1.75 $ 2.00 $ 2.00 16. Stage Lectern $ 15.00 $ 15.75 $ 15.75 17. Backstage Podium $ 0.00 $ 0.00 $ 0.00 *18. Orchestra Pit Cover $ 77.00 $ 81.00 $ 81.00 19. Piano, Steinway $143.00 $150.00 $150.00 20. Piano, Upright $ 82.50 $ 86.50 $ 86.50 21. Piano, Tuning $126.00 $126.00 $126.00 22. Portable Sound System $ 59.50 $ 62.00 $ 62.00 23. Projector, LCD video $ 52.00 $ 54.00 $ 54.00 24. Slide Projector $ 29.50 $ 31.00 $ 31.00 25. Band Risers $ 7.00 $ 7.25 $ 7.25 26. Choral Risers, per tier $ 4.50 $ 4.75 $ 4.75 **27.Followspots $ 85.00 $ 85.00 $ 85.00 28. Table Skirts $ 5.00 $ 5.25 $ 5.25 29. Playback (analog, digital or, CD player) $ 40.00 $ 40.00 $ 40.00 30. Pipe& Drape (i.e. for quick change booths-per foot) $ 1.00 $ 1.00 $ 1.00 31. Hanging Flag, Scrim or Drops $110.00 $110.00 $110.00 32. 100 Cup Coffee Urns (one N/C) $ 4.50 $ 4.75 $ 4.75 33. Streamer Canon (one shot incl., $10 each addl.) $ 40.00 $ 40.00 $ 40.00 34. Portable Theatre Seating $ 3.00 $ 3.00 $ 3.00 35. VCR & Monitor $ 43.00 $ 45.00 $ 45.00 Notes: The above equipment rates do not include the cost of the operation. Except where otherwise indicated, the rates are on a per contract basis. * Standard Pit Configuration will be at Main Floor/Golden Circle level with 47 Portable Theatre Seats included. Orchestra Pit Cover fee will apply if cover is used at stage level or if fully lowered. ** Follow Spots: No fee will be charged for follow spots operated by Hemmens staff. Equipment rental fees will apply for follow spots operated by renter’s personnel. At least one Hemmens operator is required when spots are operated from Projection Booth. An additional 10% will be discounted from rental of Hemmens owned equipment for Elgin Symphony Orchestra events. Under normal use, clean up service is included in the base rental. However, at the discretion of the building manager, sponsoring organizations will be assessed for clean up service when the building is left unusually messy or dirty. V. Labor Rates (per person per hour) 2008 2009 2010 Technicians $ 30.00 $ 31.50 $ 32.50 Senior Technicians $ 44.75 $ 47.00 $ 48.50 VOLUME LXXII DECEMBER 19, 2007 970 Stage Manager $ 44.75 $ 47.00 $ 48.50 Ushers $ 15.00 $ 15.75 $ 16.25 Box Office Ticketing Agents $ 23.00 $ 24.00 $ 24.75 Security Rates established by Police Department Labor rates for Hemmens personnel on observed city and federal holidays are charged at one and a half times the regular rate. The Hemmens reserves the right to determine minimum crew call for event. The Hemmens requires regularly scheduled breaks for crew calls exceeding 5 hours. No individual or group, including the Elgin Symphony Orchestra shall receive a discount on labor charges. I. Ticketing Services 2008 2009 2010 Event Set-Up $ 37.00 $ 39.00 $ 40.00 (Using existing seating configuration) Event Set-Up $220.00 $230.00 $240.00 (Requiring the creation of a new seating configuration) Labor Surcharge, Per Ticket Printed $ .35 $ .35 $ .40 Processing Fee, Per Order $ 3.25 $ 3.25 $ 3.50 A per order processing fee will be charged to all tickets orders placed with The Hemmens Box Office by any means other than in person at The Hemmens Box Office window located at 45 Symphony Way, Elgin, IL 60120. Lessee shall have no participation in revenues generated by this fee. Ticket Exchange Fee, Per Ticket $ 2.00 $ 2.10 $ 2.50 A per ticket exchange fee will be charged for all tickets exchanged, reprinted, re-issued or returned to The Hemmens Box Office by any means and for any reason. Lessee shall have no participation in revenues generated by this fee. Credit card service fee of 4% of gross credit card sales charged to lessee events will be deducted from lessee gross sales. The rates listed above may be reduced and/or waived as deemed to be in the best interest of the City by the Director of Parks and Recreation and with the approval of the City Manager or his designee. DECEMBER 19, 2007 VOLUME LXXII 971 Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G79-07 PASSED ESTABLISHING FEES FOR THE USE OF THE LORDS PARK PAVILION Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G79-07 ORDINANCE ESTABLISHING FEES FOR THE USE OF THE LORDS PARK PAVILION WHEREAS, the City Council has determined that it necessary and proper to establish an amended fee schedule for the use of the Lords Park Pavilion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following fees and charges be, and the same are hereby established for the Lords Park Pavilion effective January 1, 2008: VOLUME LXXII DECEMBER 19, 2007 972 I. RENTAL GROUPS: GROUP # OF GUESTS 1 1-100 2 101-200 3 201-300 II. RESERVATION PACKAGES: Package Usage Time Set Up/Tear Down Total Usage Time A 2 hours 30 minutes 3 hours B 4 hours 45 minutes 5.5 hours C 8 hours 1 hour 10 hours No proportional time allowed. III. 2008 MAINTENANCE FEES: BUILDING USE Resident/Nonresident A. Group 1: Package A $140.00/$185.00 Package B $260.00/$340.00 Package C $475.00/$620.00 B. Group 2: Package A $285.00/$370.00 Package B $520.00/$680.00 Package C $945.00/$1235.00 C. Group 3: Package A $425.00/$555.00 Package B $780.00/$1020.00 Package C $1420.00/$1855.00 IV. 2008 EQUIPMENT CHARGES: A. Tables (3x8 folding) $ 5.00 each (40 tables available) B. Chairs (metal folding) $ 1.00 each (180 chairs available) DECEMBER 19, 2007 VOLUME LXXII 973 V. SERVICE FEES: A. $25 processing fee to change reservation date. B. $65 to contract with outside rental company. VI. SECURITY DEPOSIT: 50% of the rental cost due at the time the reservation is made. One month prior to the reservation date, rental fee must be paid in full. After the event, the security deposit will be refunded providing that all guidelines regarding the rental were met. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G80-07 PASSED ESTABLISHING FEES FOR THE USE OF CERTAIN PARK SHELTER FACILITIES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII DECEMBER 19, 2007 974 Ordinance No.G80-07 ORDINANCE ESTABLISHING FEES FOR THE USE OF CERTAIN PARK SHELTER FACILITIES WHEREAS, the City Council has determined that it is necessary and proper to establish an amended fee schedule relative to fees and charges for the use of certain park shelter facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following fees and charges be and the same are hereby established for certain park shelter facilities effective January 1, 2008: PARK SHELTER RENTAL: Daily 9:00 a.m. - 8:00 p.m. Lords Park: Shelter #1/zoo-East (seats up to 70) Shelter #2/West (seats up to 70) Trout Park: Shelter #1/Route 25-East (seats approx. 100) Shelter #2/ball field-West (seats approx. 150-200) Wing Park: Shelter #1/playground (seats up to 70) Shelter #2/golf course (seats up to 70) Resident/Additional Hour 6 Hour Rental: 1-50 people $65.00/10.00 51-100 people $70.00/10.00 Over 100 people $75.00/10.00 Nonresident/Additional Hour 6 Hour Rental: 1-50 people $70.00/10.00 51-100 people $75.00/10.00 Over 100 people $80.00/10.00 School/Additional Hour 6 Hour Rental: 1-50 people $60.00/10.00 51-100 people $65.00/10.00 Over 100 people $70.00/10.00 Electricity available in all shelters except Lords Park. DECEMBER 19, 2007 VOLUME LXXII 975 BANDSHELL: Resident Non-Resident School Lighting 4-hr Rental $55 $60 $50 $35/hr. Each additional hour is $10.00 per hour. Section 2. That all ordinances or parts or ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G81-07 PASSED ESTABLISHING FEES FOR THE USE OF CERTAIN PARK SPORTS FACILITIES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G81-07 ORDINANCE ESTABLISHING FEES FOR THE USE OF CERTAIN PARK SPORTS FACILITIES WHEREAS, the City Council has determined that it is necessary and proper to establish an amended fee schedule and other policies relative to the fees and charges for the use of certain park sports facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXII DECEMBER 19, 2007 976 Section 1. That the following fees and charges be, and the same are hereby established for certain park sports facilities effective January 1, 2008: SPORTS FACILITIES: Softball Field Rental Priority Classifications: Priority Classification “A” pertains to Elgin Little League, Elgin Kickers Soccer, Elgin Pumas, Elgin Teener League, Elgin Pee Wee Football, and Elgin Heat. Priority Classification “B” pertains to all Elgin citizens, organizations, businesses, and Elgin private and public schools and pertains to organizations with one or more athletic teams that participate in leagues that are located either inside or outside of Elgin, that play their home games on Elgin fields. Included are American Legion of Elgin, Elgin Masters Softball League, and Elgin 12” Fast Pitch League. Priority Classification “C” (nonresident) pertains to any organizations, private businesses, leagues or teams from outside of Elgin city limits wishing to use Elgin fields for practice and league games. Included are Illinois Suburban Baseball League, Illinois Suburban Soccer League, Men's Adult Baseball League. Priority Classifi- Baseball Fields Sports Complex cation Permit Fees Softball Fields Soccer Fields “A” $25.00 $16.25/hr. $65.00 per match per permit per field (2 hour slot) per season (plus field prep) Tournaments $87.00 per day $35.00 per team per field (min 30 teams) (min 2 fields) (plus field prep) “B” $50.00 $21.50/hr. $89.00 per match per permit per field (2 hour slot) per field (plus field prep) (up to 20 games) Priority Classifi- Baseball Fields Sports Complex cation Permit Fees Softball Fields Soccer Fields DECEMBER 19, 2007 VOLUME LXXII 977 Tournaments $116.00 per day $44.50 per game per field (2 hour slot) (min 2 fields) (min 4 fields) (plus field prep) “C” $50.00 $27.00/hr. $112.00 per game per permit per field (2 hour slot) per field (plus field prep) (up to 20 games) Tournaments $145.00 per day $56.00 per game per field (2 hour slot) (min. 2 fields) (min 4 fields) (plus field prep) Field Preparation: Class A & B/Class C Softball Field Preparation: $ 64.00/$ 80.00 (Bases/Lines/Drag) BLD per field Lights: $ 68.00/$ 85.00 Parks, Soccer or Softball per hour/per field (includes operator) Sports Complex Scoreboard: $ 28.00/$ 35.00 (includes operator) per hour Softball League Registration Fee Summer = $695 Resident/$825 Nonresident Fall = $515 Resident/$620 Nonresident Sand Volleyball Courts: Court Group Per Hour Lights (per hour)* Resident $ 25.00 $ 37.50 Nonresident $ 32.00 $ 46.75 *includes operator VOLUME LXXII DECEMBER 19, 2007 978 Tennis Court: Wing Park: Daily 8:00 am - 10:00 pm Lords Park: Daily 8:00 am – 10:00 pm Group Per Hour Resident $11.00 Nonresident $13.00 Note: Wing Park hourly field charges apply to Priority Classifications “B” and “C” only. Softball tournament rate is based on 8:00 a.m. - 6:00 p.m. Additional hours billed at hourly rate per field. • These rates may be adjusted for purposes of conducting tournaments or special events, upon approval from the City Manager or his or her designee. Section 2. That all ordinances or parts or ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G82-07 PASSED ESTABLISHING FEES FOR THE USE OF THE WING PARK AND LORD PARK FAMILY AQUATIC CENTERS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. DECEMBER 19, 2007 VOLUME LXXII 979 Ordinance No. G82-07 AN ORDINANCE ESTABLISHING FEES FOR THE USE OF THE WING PARK AND LORDS PARK FAMILY AQUATIC CENTERS WHEREAS, the City Council has determined that it is necessary and proper to establish an amended fee schedule relative to fees for the use of the Wing Park and Lords Park Family Aquatic Centers. Section 1. That the following fees be, and the same are hereby established for the use of the Wing Park and Lords Park Family Aquatic Centers effective January 1, 2008: DAILY ADMISSION: WING PARK FAMILY AQUATIC CENTER LORDS PARK FAMILY AQUATIC CENTER Resident Nonresident Resident Nonresident Youth $5.00 $7.00 Youth $4.00 $6.00 Adult $7.00 $9.00 Adult $6.00 $8.00 Senior $5.00 $7.00 Senior $5.00 $6.00 Lap Swim $2.00 $3.00 Lap Swim $2.00 $3.00 WING PARK AND LORDS PARK FAMILY AQUATIC CENTERS INDIVIDUAL MEMBERSHIP: Resident /Nonresident Youth $ 70.00/$100.00 Adult $ 80.00/$115.00 Senior $ 70.00/$100.00 FAMILY MEMBERSHIP: 2 Members $140.00/$190.00 3 Members $150.00/$210.00 4 Members $170.00/$240.00 Each Additional Member $15.00 /$20.00 GROUP DISCOUNT FEE: Not for Profit Groups (no group minimum required): Youth/Senior $ 3.00 Adult $ 4.00 VOLUME LXXII DECEMBER 19, 2007 980 Groups: Youth/Senior $ 4.00/$ 5.00 Adult $ 5.00/$ 6.00 RENTALS: Resident /Nonresident Private Rentals (2 hour rental of entire facility): 1-50 people $300.00/$390.00 Over 50 people (per additional person) $ 5.00/$ 7.00 Not for Profit Private Rental (2 hour rental of entire facility): 1-50 people $250.00/N/A Over 50 people (per additional person) $ 4.00/N/A Birthday Party (includes facility admission, hot dog, chips and drink for each person and a reserved area for 1½ hours in the food court) 10 people including birthday child: $140.00/$170.00 Additional people up to 20 more (per person) $ 13.50/$ 15.00 Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor DECEMBER 19, 2007 VOLUME LXXII 981 Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G83-07 PASSED AMENDING THE SEWER RATES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G83-07 AN ORDINANCE AMENDING THE SEWER RATES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 14.08.220 of Chapter 14.08 entitled “Sewer System” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 14.08.220 SEWER RATES. The following rates and fees are established and shall be collected for sanitary sewer service furnished by the city to any user in the city: A. For all properties connected to the city water system which are also served by a sanitary sewer, directly or indirectly connected to any sewer owned or maintained by the city, a rate is established as follows for each one hundred cubic feet of water supplied by the city or such quantity of water used as determined by the Fox River Water Reclamation District for billing purposes, whichever is less. 2008 2009 2010 2011 2012 $ 1.225 $ 1.250 $ 1.275 $ 1.300 $1.326 B. For all properties which are not connected to the city water system which are served by a sanitary sewer, directly or indirectly connected to any sewer owned or maintained by the city, a rate as identified in paragraph A above VOLUME LXXII DECEMBER 19, 2007 982 shall apply. Provided, however, said rate shall not be less than that shown in Table #1 below per month for each single-family residence use and that shown in Table #II for all other uses. TABLE #I: 2008 2009 2010 2011 2012 $15.946 $16.265 $16.591 $16.922 $17.261 TABLE #II: 2008 2009 2010 2011 2012 $26.572 $27.103 $27.645 $28.198 $28.762 Section 2. That all ordinances or part of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G84-07 PASSED AMENDING THE WATER RATES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. DECEMBER 19, 2007 VOLUME LXXII 983 Ordinance No. G84-07 AN ORDINANCE AMENDING THE WATER RATES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 14.04.180 of Chapter 14.04 entitled “Water Regulations” of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: 14.04.180 Water rates--Consumers within city. A. The following rates are established and shall be collected for all water furnished by the city to any consumer in the city for purposes other than fire protection: 1. A monthly availability charge shall be collectable and computed based upon the size of the meter in accordance with the following, notwithstanding the foregoing availability charge for a single- family residence with a meter size not exceeding three-fourths inches shall not exceed the five-eighths inch meter rate: Meter Size 2008 2009 2010 2011 2012 5/8" $7.143 $7.536 $7.950 $8.388 $8.849 3/4" $23.812 $25.122 $26.504 $27.962 $29.500 1" $47.556 $50.172 $52.931 $55.842 $58.913 1 1/4" $71.381 $75.307 $79.449 $83.818 $88.428 1 1/2" $95.188 $100.423 $105.946 $111.773 $117.920 2" $142.750 $150.601 $158.884 $167.622 $176.841 2 1/2" $190.250 $200.713 $211.753 $223.399 $235.686 3" $237.874 $250.958 $264.760 $279.322 $294.685 4" $333.073 $351.392 $370.719 $391.108 $412.619 6" $523.386 $552.172 $582.541 $614.581 $648.383 8" $714.266 $753.551 $794.996 $838.721 $884.851 10" $904.022 $953.743 $1,006.199 $1,061.540 $1,119.925 2. The following rates shall apply for each 1,000 gallons or fraction thereof of water supplied: or for each hundred cubic feet or fraction thereof of water supplied: 2008 2009 2010 2011 2012 $3.78 $3.98 $4.20 $4.43 $4.67 VOLUME LXXII DECEMBER 19, 2007 984 B. Special services shall be billed at the prevailing water rates or, if temporary meter service is not feasible, a substantially equivalent rate will be determined by the city manager. C. Water furnished by the truckload shall be billed at the following rate per 1,000 gallons or fraction thereof. Minimum billed shall be thirty-five dollars. 2008 2009 2010 2011 2012 $12.10 $12.76 $13.46 $14.20 $14.98 Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G85-07 PASSED AMENDING THE FEE SCHEDULE FOR SUBDIVISIONS RELATED PERMITS AND IMPROVEMENTS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. 2008 2009 2010 2011 2012 $2.83 $2.99 $3.15 $3.32 $3.50 DECEMBER 19, 2007 VOLUME LXXII 985 Ordinance No. G85-07 AN ORDINANCE AMENDING THE FEE SCHEDULE FOR SUBDIVISION RELATED PERMITS AND IMPROVEMENTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 18.44.010 entitled "Annexation" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "18.44.010: ANNEXATION: Requests for annexation and proposed annexation agreement shall be accompanied by the following fees: A. Annexation: 1. Three thousand two hundred fifty dollars ($3,250.00) for property less than ten (10) acres. 2. Four thousand three hundred fifty dollars ($4,350.00) for property ten (10) acres, but less than one hundred (100) acres. 3. Five thousand four hundred ten dollars ($5,410.00) for property one hundred (100) acres or more. B. Annexation Agreement Review Fee: 1. One thousand ninety dollars ($1,090.00) for property less than ten (10) acres. 2. Five thousand four hundred ten dollars ($5,410.00) for property ten (10) acres, but less than one hundred (100) acres. 3. Ten thousand eight hundred twenty dollars ($10,820.00) for property one hundred (100) acres or more." Section 2. That Section 18.44.020 entitled "Preliminary Plat Filing" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "18.44.020: PRELIMINARY AND FINAL PLAT FILING: A. The submission of the preliminary plat of subdivision or a planned unit development shall be accompanied by the following fees based on the total acreage of the proposed development: VOLUME LXXII DECEMBER 19, 2007 986 1. Six thousand one hundred twenty dollars ($6,170.00) for property less than ten (10) acres. 2. Eight thousand four hundred forty dollars ($8,440.00) for property ten (10) acres, but less than one hundred (100) acres. 3. Eight thousand six hundred sixty dollars ($8,660.00) for property one hundred (100) acres or more. B. The submission of the final plat of subdivision shall be accompanied by a fee of five hundred forty dollars ($540.00) C. In addition to the above fees, each applicant shall pay for the cost of providing for an accurate verbatim account of the testimony before the Planning and Land Use Commission pertaining to his application. A deposit of two hundred ten dollars ($210.00) shall be made at the time of application. If such costs are less than the deposit, the remainder will be refunded after approval of the final plat by the Planning and Land Use Commission. If the cost exceeds the deposit, the additional amount shall be paid in full prior to consideration of the final plat by the City Council. D. In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for legal publication pertaining to the application. A cash deposit of two hundred ten dollars ($210.00) shall be made at the time of application to cover the direct costs of recording and transcribing the public hearing or meeting. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the City Council, or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the City. E. Impact Assessment: In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for any impact assessment required by the Development Administrator. Such impact assessment shall be completed by a consultant of the City’s choice. A cash deposit of three thousand one hundred twenty dollars ($3,120.00) shall be made at the time of application to cover the direct costs of the impact assessment. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the City Council, or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the City. F. All fees shall be paid in full prior to consideration by the corporate authorities.” Section 3. That Section 18.44.050 entitled "Inspections of Land Improvements" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: DECEMBER 19, 2007 VOLUME LXXII 987 "18.44.050: PLAN REVIEW AND INSPECTION OF LAND IMPROVEMENTS: All required land improvements to be installed under the provisions of this title shall be subject to prior plan review and approval by the Director or his designee and shall be inspected during the course of construction by inspectors appointed by the Director. The costs of said plan review and inspection shall be the actual costs to the city for same but not less than $250 for a development of five (5) acres or less and not less than $1,000 for development greater than five (5) acres. The city may also utilize consulting firms to provide reviews and inspections and charge the applicant for the consulting fees plus the city's administrative costs. The applicant proposing the land improvements shall make a cash deposit with the city of 1.5% of the engineer's estimate of the costs of the proposed improvements at the time of the application for preliminary plat and preliminary engineering review. The applicant for the land improvements shall make an additional cash deposit with the city of 1.5% of the engineer's estimate of the costs of the improvements at the time of application for final plat and final engineering. The city shall draw from the applicant's deposits as costs are incurred for review and inspections and shall submit periodic invoices for such costs to the applicant. In the event the balance of the applicant's deposits falls below .5% of the engineer's estimate of the costs of the improvements, the applicant shall submit an additional cash deposit(s) to the city in an amount(s) not less than .5% of the engineer's estimate of the costs of the improvements." Section 4. That all ordinances and parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII DECEMBER 19, 2007 988 ORDINANCE G86-07 PASSED AMENDING THE FEE SCHEDULE FOR CERTAIN ZONING MATTERS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G86-07 AN ORDINANCE AMENDING THE FEE SCHEDULE FOR CERTAIN ZONING MATTERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.85 entitled "Fees" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "19.85.010: PURPOSE AND INTENT: The purpose and intent of the provisions for fees is to recapture a portion of the administrative costs associated with processing applications for annexation, amendments, conditional uses, and variations. 19.85.020: REQUIRED FEES: Applications for annexation, amendments, conditional uses, and variations shall be accompanied by the following fees: A. Annexation Without or Without an Annexation Agreement: 1. Three thousand two hundred fifty dollars ($3,250.00) for property less than ten (10) acres. 2. Four thousand three hundred fifty dollars ($4,350.00) for property ten (10) acres, but less than one hundred (100) acres. 3. Five thousand four hundred ten dollars ($5,410.00) for property one hundred (100) acres or more. B. Annexation Agreement Review Fee: 1. One thousand ninety dollars ($1,090.00) for property less than ten (10) acres. 2. Five thousand four hundred ten dollars ($5,410.00) for property ten (10) acres, but less than one hundred (100) acres. DECEMBER 19, 2007 VOLUME LXXII 989 3. Ten thousand eight hundred twenty dollars ($10,820.00) for property one hundred (100) acres or more. C. Text Amendments: Four hundred forty dollars ($440.00). D. Map Amendments: 1. Seven hundred ten dollars ($710.00) for property less than ten (10) acres in area. 2. Nine hundred eighty dollars ($980.00) for property ten (10) acres, but less than one hundred (100) acres in area. 3. One thousand three hundred dollars ($1,300.00) for property one hundred (100) acres or more. E. Planned Developments: 1. As a Map Amendment: One thousand five hundred twenty dollars ($1,520.00), for property of any size. 2. As a Conditional Use: Nine hundred twenty dollars ($920.00), for property of any size. F. Master Concept Plan: A master concept plan provides for the formalized review of a development plan resulting in a non-binding vote by the appropriate hearing board and the City Council. The application fees for a master concept plan shall be one thousand five hundred twenty dollars ($1,520.00) G. Conditional Uses: Seven hundred ten dollars ($710.00). H. Variations: 1. Two hundred ten dollars ($220.00) for property less than ten thousand (10,000) square feet. 2. Six hundred eighty dollars ($710.00) for property ten thousand (10,000) square feet or more. I. Appeals: One hundred ten dollars ($110.00) for an appeal to the Zoning and Subdivision Hearing Board. One hundred ten dollars ($110.00) for an appeal to the City Council. VOLUME LXXII DECEMBER 19, 2007 990 J. Zoning Status Report: 1. One hundred ten dollars ($110.00) for land use. 2. One hundred ten dollars ($110.00) for site design. K. Conceptual Plan Review: A conceptual plan review provides for the informal staff review of documents pertaining to the development of land which will result in an application for annexation, a map amendment, text amendment, conditional use, or variation. No conceptual plan review fee shall be required for the review of a residential variation. The application fees for a conceptual plan review shall be credited towards the fees for a complete application for annexation and/or zoning provided that such application is submitted within six (6) months of the date of the original conceptual plan submittal. The following fees shall be required for a conceptual plan review: 1. Two hundred seventy dollars ($270.00) for property less than five (5) acres. 2. Five hundred forty dollars ($540.00) for property five (5) acres but less than one hundred (100) acres in area. 3. One thousand ninety dollars ($1,090.00) for property greater than one hundred (100) acres. L. Hearing Recordation: In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for an accurate verbatim account of the public hearing or meeting pertaining to the application. A cash deposit of two hundred ten dollars ($210.00) for amendments or conditional uses, and one hundred five dollars ($105.00) for variations or appeals shall be made at the time of application to cover the direct costs of recording and transcribing the public hearing or meeting. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the City Council or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the City. M. Legal Publishing: In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for legal publication pertaining to the application. A cash deposit of two hundred ten dollars ($210.00) shall be made at the time of application to cover the direct costs of recording and transcribing the public hearing or meeting. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the City Council, or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the City. N. Impact Assessment: In addition to the fees for each particular type of application, the applicant shall pay the cost of providing for any impact assessment required by the DECEMBER 19, 2007 VOLUME LXXII 991 Development Administrator. Such impact assessment shall be completed by a consultant of the City’s choice. A cash deposit of three thousand one hundred twenty dollars ($3,120.00) shall be made at the time of application to cover the direct costs of the impact assessment. If these costs are more than the deposit, the additional amount shall be paid in full prior to consideration of the application by the City Council, or in the case of variations and appeals, prior to the issuance of a building permit. No fee shall be required for amendments initiated by the City." Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G87-07 PASSED AMENDING THE FEE SCHEDULE FOR INSPECTIONS AND PERMITS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G87-07 AN ORDINANCE AMENDING THE FEE SCHEDULE FOR INSPECTIONS AND PERMITS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.48 of the Elgin Municipal Code, 1976, as amended, entitled "Fee Schedule for Inspections and Permits" be and is hereby further amended to read as follows: VOLUME LXXII DECEMBER 19, 2007 992 16.48.0010: ESTABLISHED: There is established in this Chapter a schedule of fees for permits and inspections required by applicable ordinances of the city. 16.48.020: BUILDING: A. Residential; New Construction: (Plus plan review and occupancy fees when applicable) Per 100 sq. ft., or portion thereof, of overall area of each floor (including above and below grade) ...................................................................$33.00 Garages (attached or detached) per 100 sq. ft. or portion thereof........................12.00 ($50.00 minimum) B. Residential; Additions: (Plus plan review and occupancy fees when applicable) Per 100 sq. ft., or portion thereof of overall area of each floor But not less than $100.00 (including above and below grade) .............................33.00 Garage additions (attached or detached) per 100 sq. ft. or portion thereof …………………………………………………………….12.00 ($50.00 minimum) C. Commercial and Industrial; New Construction and Additions: (Plus plan review and occupancy fees when applicable) Per 100 sq. ft., or portion thereof, of overall area of each floor Including above and below grade.........................................................................33.00 D. Alterations and Repairs; All Uses: (Plus plan review and occupancy fee when applicable) Per thousand dollar valuation or portion thereof..................................................33.00 E. Demolition of Buildings: Buildings up to 500 sq. ft. ...................................................................................55.00 Commercial, industrial, and residential from 500 sq. ft. up to 5,000 sq. ft. 0.07/sq.ft. ($50.00 minimum) Over 5,000 sq. ft. 0.05/sq/ft. DECEMBER 19, 2007 VOLUME LXXII 993 Note: Liability insurance, same as moving, or as determined by the Building Official. F. Certificate of Occupancy, All Uses: Per Tenant Space................................................................................................170.00 Partial or temporary certificate of occupancy, Per tenant space..................................................................................................170.00 Change of use or reoccupancy...........................................................................170.00 Home-based business occupancy...........................................................................0.00 16.48.030: MISCELLANEOUS CONSTRUCTION; ALL USES: A. Accessory Structures (Other Than Private Garages): Up to 150 sq. ft. Per Tenant Space......................................................................55.00 Over 150 sq. ft. - see schedule for new construction B. Parking Lots (Existing), Driveways; All Uses: (Plus plan review) New .............................................................................................................170.00 Restriping and/or repair........................................................................................76.00 Driveways - replacement......................................................................................55.00 C. Open Decks, patios...............................................................................................55.00 D. Dumpster Enclosures (Refuse Collection Area)..................................................55.00 E. Elevators, Escalators, Dumbwaiters and Docklifts: Per Unit ..........................................................................................................440.00 Per each annual, semiannual or reinspection....................................................55.00 F. Fences ...............................................................................................................55.00 G. Fireplaces.............................................................................................................55.00 VOLUME LXXII DECEMBER 19, 2007 994 H. Fuel and Storage Tanks: Installation, alteration or repair (per tank) ....................................................220.00 Removal, per tank...........................................................................................220.00 Replacing pumps...............................................................................................55.00 I. Housing Inspection; Requested: Per dwelling unit ...........................................................................................115.00 Each additional dwelling unit...........................................................................55.00 Commercial or industrial, per tenant space Up to 2,000 square feet.......................................................................115.00 Each additional 10,000 square feet or portion thereof add ..........................................................................55.00 J. Moving Buildings: All uses............................................................................................................335.00 Note: Application for a permit shall be accompanied by a $1,000,000.00 Liability insurance policy naming the city as additional insured. K. Residing 55.00 L. Roof and Repairs: All uses 55.00 M. Signs: New Sign permit fee $85.00/nonilluminated or $170.00/application, whichever is less $140.00/illuminated or $275.00/application, whichever is less Reface on existing sign fee...............................................................................85.00 DECEMBER 19, 2007 VOLUME LXXII 995 Information sign fee............................................................................................0.00 Temporary sign fees 15 days 33.00 Flag fee 0.00 Identification sign fee.........................................................................................0.00 Menu board sign.............................................................................................115.00 N. Swimming Pools: Aboveground (private)......................................................................................82.00 Inground (private and semiprivate).................................................................170.00 Reinspections: Inspections as required in section 16.48.070 of this chapter: First reinspection.............................................................................................115.00 Second reinspection........................................................................................335.00 Third reinspection...........................................................................................545.00 O. Windows: Replacement 55.00 16.48.040: HEATING AND AIR CONDITIONING; ALL USES; A. Warm Air Furnace and Boiler: Replacement or conversion (per heating unit)..................................................55.00 New installation (first heating unit)................................................................115.00 Each additional unit..........................................................................................55.00 B. Central Air Conditioning: Per unit 55.00 C. Duct Work Only; Change or Addition: VOLUME LXXII DECEMBER 19, 2007 996 Residential per dwelling unit............................................................................85.00 Commercial and industrial - per 1,000 sq. ft. or portion thereof..............................................................................................55.00 16.48.050 PLUMBING: A. New Construction; Residential: Single-family including sewer and water.......................................................275.00 Multiple-residential (per unit) including sewer and water..............................275.00 B. New Construction; Commercial and Industrial: 1 - 5 fixtures and gas openings.......................................................................115.00 Each additional fixture or gas opening in excess of 5......................................45.00 C. Fixture Addition, or Replacement or Relocation (When Venting Required): All Uses - per fixture, unit or opening..............................................................55.00 Water Heaters 55.00 D. Piping Alterations Only: All Uses 55.00 E. Sewer and/or Water Service Connection, Repair or Replacement: All Uses 55.00 F. Private Water Supply System: All Uses 55.00 G. Lawn Sprinkler System: All Uses 55.00 H. Sprinkler or Fire Protection System, All Uses: 1-20 heads 115.00 DECEMBER 19, 2007 VOLUME LXXII 997 21-300 heads 220.00 301-500 heads 335.00 Over 500 heads ..............................................................................................545.00 16.48.060: ELECTRICAL: A. New Construction; Residential Single-family 335.00 Multiple-family (per unit)...............................................................................220.00 B. New Construction; Commercial and Industrial: (Plus wiring and circuiting) 0-044 amp service (per meter) .......................................................................170.00 Over 400 amp service (per meter) .................................................................220.00 C. Alteration; Residential: Change or relocation of service (per meter).....................................................55.00 Other work 55.00 D. Alteration; Commercial and Industrial; (Plus wiring and circuiting) 0 - 400 amp service (per meter)......................................................................170.00 Over 400 amp service (per meter)..................................................................220.00 E. Wiring and Circuiting; Commercial and Industrial: 1 - 1,000 sq. ft...................................................................................................55.00 Each additional 1,000 sq. ft. or fraction thereof...............................................55.00 F. Electrical Heat; New/Alteration: VOLUME LXXII DECEMBER 19, 2007 998 All Uses 115.00 G. Temporary Electric Service: All Uses 115.00 H. Miscellaneous Lighting (Parking Lots, Security, Passageways, etc. All Uses 170.00 I. Temporary Installations, All Uses: Inspections of temporary installations, underground or overhead Wires and apparatus, change over, and all other inspections Not specifically provided for herein.....................................................................55.00 16.48.070: STREET OPENINGS AND STREET WORK PERMITS: A. Public Sidewalks; Residential: Replacement ...................................................................................................55.00 Plus inspection and measurement for each 500 sq. ft or any fraction ....................................................................................................3.20 New Construction ...............................................................................................55.00 Plus inspection and measurement for each 500 sq. ft. or fraction thereof...............................................................................................6.40 B. Public Sidewalks; Commercial or Industrial: Replacement ...................................................................................................55.00 Plus inspection and measurement for each 500 sq. ft. or any fraction thereof ........................................................................................3.20 New Construction ................................................................................................55.00 Plus inspection and measurement for each 500 sq. ft. or any fraction thereof ........................................................................................6.40 C. Driveway Approaches: Basic Fee 55.00 DECEMBER 19, 2007 VOLUME LXXII 999 D. Curb and Gutter: Replacement 55.00 Plus inspection and measurement for each 100 lin. ft. or fraction thereof .............................................................................................3.20 New Construction ................................................................................................55.00 Plus inspection and measurement for each 200 lin. ft. or fraction thereof ............................................................................................6.40 E. Integral Curb, Gutter and Sidewalk: Replacement 55.00 Plus inspection and measurement for each 100 lin. ft. or any fraction thereof ........................................................................................3.20 New Construction.............................................................................................55.00 Plus inspection and measurement for each 100 lin. ft. or any fraction thereof .......................................................................................6.40 F. Parking Lots: Basic fee (each driveway approach) ................................................................55.00 Plus inspection for each 15 spaces or any fraction thereof 12.00 Plus inspection for other specific items and plan checked (25 percent of total permit fee) .....................................................................Varies G. Retaining Walls (Over 2 Feet Above Lowest Grade): Basic Fee 55.00 Plus inspection for each 100 lin. Ft. or any fraction thereof .......................................................................................6.40 Plus Plan check (25 percent of total permit fee).............................................Varies H. Street Cuts: Basic Fee 55.00 VOLUME LXXII DECEMBER 19, 2007 1000 Plus inspection ...................................................................................................6.40 Utility companies and City work - no charge. Permit required. I. Storm/Sanitary Sewer Construction: Basic Fee 55.00 Plus inspection for each 100 lin. ft. or fraction thereof .....................................6.40 Plus Each manhole, catchbasin, inlet, headwall and drywall ............................6.40 J. Water Main Construction: Basic Fee 55.00 Plus inspection for each 100 lin. ft. or fraction thereof .....................................6.40 Plus each valve and hydrant ...............................................................................6.40 K. Bond or Liability Insurance: 1. Contractor: Contractor must provide minimum $500,000.00 liability insurance for all work covered by the Ordinance codified in this Section. 2. Homeowner: Homeowner doing own work must cover $100,000.00 liability with a rider to homeowner's policy naming City of Elgin as additional insured. 16.48.080: ADMINISTRATION: A. Permit Extension; Each Permit............................................................................30.00 B. Reinspection Fees; Each: First Inspection 115.00 Second Inspection..............................................................................................335.00 Third Inspection 545.00 Per unit To be charged when requested inspection not ready or work done incorrectly. C. Penalties. DECEMBER 19, 2007 VOLUME LXXII 1001 Up to $550.00 shall be added for all work started without a permit, for expediting temporary or regular Certificates of Occupancy, for work not performed by a required registered contractor, and for reinspection fees, as determined by the Code Official. D. Plan Check: 25 percent of building permit fee - $65.00 minimum. E. Refund: If a permit has not lapsed, and if no work has been done, a refund may be requested by the applicant. A $25.00 administrative fee will be retained. Plan review fees are not refundable. Requests for refunds must be in writing. F. Waiver of Fees: 1. No permit fee otherwise required by this Chapter shall be required of any unit of local government as defined by the constitution of Illinois, 1970, school district, or community college district. 2. The exemptions provided for in this Section apply only to fees and shall not exempt or waive the requirements of any permits or inspections otherwise required. Section 16.48.090: EXEMPTIONS: A. No fee for permits and inspection shall be required of the Elgin Housing Authority where the work is performed by the Elgin Housing Authority staff. This exemption shall not apply to work bid out to private contractors. B. No fee for permits and inspection shall be required of the Elgin Community College. C. The exemptions provided in this Section apply only to fees and shall not exempt or waive any permits or inspections otherwise required. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII DECEMBER 19, 2007 1002 Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G88-07 PASSED AMENDING THE RATES AND CHARGES FOR WATER METERS AND WATER SERVICES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G88-07 ORDINANCE AMENDING THE RATES AND CHARGES FOR WATER METERS AND WATER SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following rates and charges for water meters and water services be and are hereby established as follows: Water Service Installation Cost 1" 1¼" 1½" 2" 4" 6" 8" New Subdivision $1,065 $1,120 $1,235 $2,125 $4,045 $4,430 $5,220 Unimproved City Street Seal Coated (No Curb and Gutter) 2,620 2,675 2,840 3,515 4,390 4,820 5,585 Improved City Street (Blacktop) 2,685 2,735 2,895 3,565 4,865 5,350 6,205 DECEMBER 19, 2007 VOLUME LXXII 1003 Improved City Street (Blacktop and Concrete) 3,055 3,080 3,240 3,910 5,225 5,735 6,620 Federal, County, or State Highway or Four-Lane City Streets 3,540 3,630 3,810 5,195 9,445 10,370 11,745 *Note A. A 5/8" AMR (automatic meter reading) water meter plus 25% overhead charge is included with the 1" and 1¼" water service. B. The cost for a water meter will be at the current rates adopted by the City Council. Meter sizes will be based on usage at the direction of the director of water operations. C. An AMR system is required for each new single family residence and other installations as possible. D. The costs of water service installation for 1" and 1¼" services in the New Subdivision category are based on orders of three or more; if order is less than three, add $105 per service. E. The installation of any sized service in the Central Business District (CBD), including the Fountain Square Plaza Mall, and other areas as described shall be on a time and material basis. The CBD shall include the area bounded on the west by the Fox River, north by Kimball Street, east by Dundee and Villa Streets, and on the south by National Street. F. Federal, State, and County routes that must be augured will include the scheduled water service price plus any additional actual costs. G. If service installation is a replacement of an equivalent size and for the same intended usage, subtract meter costs for a 1" and 1¼" service from installation cost. RELATED SERVICES: Water Mains $ 23.00 per front foot (excludes mains installed by subdivider or covered by a special reimbursement ordinance) Turn Off/On for Nonpayment $ 50.00 VOLUME LXXII DECEMBER 19, 2007 1004 After Business Hours Turn On $ 100.00 Revisit Installation Fee for New Meter Set (after first appointment, each appointment thereafter) $ 50.00 Temporary Out of Service - Remove and Reinstall Water Meter $ 50.00 (charge to be made upon reinstallation of meter) Frozen Meter Service Charge $ 100.00 (after first appointment, each appointment thereafter – cost of meter is additional) Check Returned $ 25.00 Bacteriological Test $ 30.00 Same Day Final Read Request $ 20.00 Meter Test Fee (5/8 to 2 inch) $ 75.00 (larger than 2 inch) $ 300.00 Hydrant Meter Rental Fees 1 inch Deposit $ 250.00 3 inch Deposit $1500.00 Wrench deposit $ 40.00 Water (1 unit estimate) $ 200.00 Section 2. That all ordinances or part or ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor DECEMBER 19, 2007 VOLUME LXXII 1005 Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G89-07 PASSED ESTABLISHING AN HOURLY RATE FOR HIRE OF POLICE OFFICERS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G89-07 ORDINANCE ESTABLISHING AN HOURLY RATE FOR HIRE OF POLICE OFFICERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that there be and is hereby established the following hourly rates for special police details: I. Sworn Officers: Units of Local Government and School Districts $ 59.00 All Others $ 61.00 II. Community Service Officer………… $ 45.00 Units of Local Government and School Districts IV. Use of squad car . . . . . . . . . . . . . . . . . $ 17.00 The rates for special police details shall be increased annually based on the general wage increase included in the city’s collective bargaining agreement with the police union. VOLUME LXXII DECEMBER 19, 2007 1006 BE IT FURTHER RESOLVED that the rates established herein shall be effective on and after January 1, 2008 and shall supersede any rates previously established. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G90-07 PASSED ESTABLISHING A PAY PLAN FOR THE POSITIONS OF FIRE LIEUTENANT AND FIREFIGHTER Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G90-07 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE POSITIONS OF FIRE LIEUTENANT AND FIREFIGHTER WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved negotiated settlements reached by the City of Elgin and various employee groups; and, WHEREAS, the City Council of the City of Elgin has agreed to implement a new salary plan for Fire Group employees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: DECEMBER 19, 2007 VOLUME LXXII 1007 Section 1. That effective January 1, 2008, there is hereby established the following schedule of standard monthly and yearly salary ranges for all full time employees in Group F: I II III IV V VI Firefighter $4,419 $4,710 $5,006 $5,303 $5,596 $5,890 $53,033 $56,524 $60,068 $63,637 $67,154 $70,685 Lieutenant $6,349 $6,632 $6,905 $76,188 $79,588 $82,859 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 January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G91-07 PASSED ESTABLISHING A PAY PLAN FOR THE POSITION OF POLICE OFFICER Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXII DECEMBER 19, 2007 1008 Ordinance No. G91-07 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE POSITION OF POLICE OFFICER WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved negotiated settlements reached by the City of Elgin and various employee groups; and, WHEREAS, the City Council of the City of Elgin has agreed to implement a new salary plan for Police Group employees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That effective January 1, 2008, there is hereby established the following schedule of standard monthly and yearly salary ranges for all full time employees in Group P: 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 January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk I II III IV V VI Police Officer $4,493 $4,773 $5,250 $5,611 $5,846 $6,177 $53,916 $57,277 $63,001 $67,336 $70,153 $74,124 DECEMBER 19, 2007 VOLUME LXXII 1009 ORDINANCE G92-07 PASSED ESTABLISHING A PAY PLAN FOR THE PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G92-07 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE PUBLIC SERVICES EMPLOYEE GROUP OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved negotiated settlements reached by the City of Elgin and the Public Services Employee Group; and WHEREAS, the City Council of the City of Elgin has agreed to implement a new salary plan for the Public Services Employee Group. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the following schedule of standard hourly, monthly and annual salary ranges for the Public Services Employee Group. Official Public Services “L” Group Salary Plan Pay Step Step Step Step Step Step Step Position Title Grade 1 2 3 4 5 6 7 WATER RELIEF OPERATOR I 634 $24.3064 $26.0426 $27.7789 $29.5150 $31.2512 $32.9874 $34.7236 $50,557 $54,169 $57,780 $61,391 $65,003 $68,614 $72,225 $4,213 $4,514 $4,815 $5,116 $5,417 $5,718 $6,019 ENGINEERING INSPECTOR 633 $23.1489 $24.8025 $26.4560 $28.1096 $29.7631 $31.4165 $33.0701 INSTRUMENTATION SERVICE WORKER $48,150 $51,589 $55,028 $58,468 $61,907 $65,346 $68,786 WATER TREATMENT OPERATOR I $4,012 $4,299 $4,586 $4,872 $5,159 $5,446 $5,732 AUTOMOTIVE MECHANIC 631 $22.2638 $23.8541 $25.4445 $27.0347 $28.6250 $30.2152 $31.8056 CREW LEADER - SEWER $46,309 $49,617 $52,924 $56,232 $59,540 $62,848 $66,156 CREW LEADER - STREETS $3,859 $4,135 $4,410 $4,686 $4,962 $5,237 $5,513 CREW LEADER - TRAFFIC CONTROL CREW LEADER-WATER DISTRIBUTION ELECTRICAL WORKER - WATER ELECTRICAL WORKER-PUBLIC WORKS HORTICULTURALIST VOLUME LXXII DECEMBER 19, 2007 1010 LAND MGT CREW LEADER WATER RELIEF OPERATOR II 629 $21.0043 $22.5044 $24.0050 $25.5051 $27.0055 $28.5058 $30.0059 $43,689 $46,809 $49,930 $53,051 $56,171 $59,292 $62,412 $3,641 $3,901 $4,161 $4,421 $4,681 $4,941 $5,201 ARBORIST 628 $20.8556 $22.3455 $23.8351 $25.3247 $26.8144 $28.3040 $29.7937 CEMENT WORKER $43,380 $46,479 $49,577 $52,675 $55,774 $58,872 $61,971 WATER MAINTENANCE MECHANIC $3,615 $3,873 $4,131 $4,390 $4,648 $4,906 $5,164 EQUIPMENT OPERATOR - SEWERS 626 $20.0041 $21.4328 $22.8618 $24.2905 $25.7195 $27.1483 $28.5771 EQUIPMENT OPERATOR - STREETS $41,608 $44,580 $47,553 $50,524 $53,497 $56,469 $59,440 EQUIPMENT OPERATOR - WATER DIST $3,467 $3,715 $3,963 $4,210 $4,458 $4,706 $4,953 WATER TREATMENT OPERATOR II AUTOMOTIVE SERVICE WORKER 624 $19.1925 $20.5632 $21.9342 $23.3053 $24.6759 $26.0471 $27.4179 CEMETERY LEAD WORKER $39,920 $42,772 $45,623 $48,475 $51,326 $54,178 $57,029 ELECTRICAL WORKER II $3,327 $3,564 $3,802 $4,040 $4,277 $4,515 $4,752 GOLF COURSE MECHANIC GREENS WORKER LAND MGT MAINTENANCE TECHNICIAN LAND MGT MECHANIC SIGNS LEAD WORKER SPORTS COMPLEX LEAD WORKER UTILITY LOCATOR WATER DISTRIBUTION INSPECTOR WATER SERVICE PERSON LAND MGT ZOO GROUNDS WORKER 623 $18.8439 $20.1898 $21.5357 $22.8817 $24.2278 $25.5738 $26.9197 LAND MGT GROUNDS WORKER $39,195 $41,995 $44,794 $47,594 $50,394 $53,194 $55,993 LAND MGT SAFETY INSPECTOR $3,266 $3,500 $3,733 $3,966 $4,199 $4,433 $4,666 UTILITY WORKER - SEWERS UTILITY WORKER - STREETS UTILITY WORKER - TRAFFIC UTILITY WORKER - WATER DIST. WATER METER SERVICER WATER TREATMENT LABORER WATER METER MAINTENANCE PERSON 620 $17.7507 $19.0187 $20.2865 $21.5544 $22.8224 $24.0901 $25.3581 WATER LABORATORY ASSISTANT $36,921 $39,559 $42,196 $44,833 $47,471 $50,107 $52,745 SERVICE MAINT. LABORER - WATER $3,077 $3,297 $3,516 $3,736 $3,956 $4,176 $4,395 GOLF LANDSCAPE SPECIALIST 613 $15.3367 $16.4321 $17.5276 $18.6230 $19.7185 $20.8138 $21.9094 LAND MGT GROUNDS LABORER $31,900 $34,179 $36,457 $38,736 $41,015 $43,293 $45,571 $2,658 $2,848 $3,038 $3,228 $3,418 $3,608 $3,798 Section 2. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. DECEMBER 19, 2007 VOLUME LXXII 1011 Section 3. That this ordinance shall be in full force and effect as of December 23, 2007. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G93-07 PASSED ESTABLISHING A PAY PLAN FOR THE LOCAL 73, SEIU CLERICAL AND TECHNICAL EMPLOYEE GROUP OF THE CITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G93-07 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE LOCAL 73, SEIU CLERICAL AND TECHNICAL EMPLOYEE GROUP OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved negotiated settlements reached by the City of Elgin and the Local 73, SEIU Clerical and Technical Employee Group; and WHEREAS, the City Council of the City of Elgin has agreed to implement a new salary plan for the Local 73, SEIU Clerical and Technical Employee Group. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the following schedule of standard hourly, monthly and annual salary ranges for the Local 73, SEIU Clerical and Technical Employee Group. VOLUME LXXII DECEMBER 19, 2007 1012 Official Clerical and Technical “S” Group Salary Plan 2008 Step Step Step Step Step Step Position Title Grade 1 2 3 4 5 6 BUILDING OPERATIONS WORKER 533 $27.0268 $28.2257 $29.4534 $30.7094 $32.0038 $33.2216 SANITARIAN $56,216 $58,709 $61,263 $63,876 $66,568 $69,101 SENIOR BUILDING INSPECTOR $4,685 $4,892 $5,105 $5,323 $5,547 $5,758 SR. CODE ENFORCEMENT OFFICER BUILDING INSPECTOR-ELECTRICAL I 530 $25.4278 $26.3890 $27.5500 $28.7583 $29.9481 $31.3089 BUILDING INSPECTOR-STRUCTURAL $52,890 $54,889 $57,304 $59,817 $62,292 $65,122 CODE ENFORCEMENT OFFICER $4,407 $4,574 $4,775 $4,985 $5,191 $5,427 PERMIT CONTROL OFFICER II PUBLIC SAFETY TELECOMM. II 528 $24.4476 $25.4278 $26.3890 $27.5500 $28.7583 $29.9481 $50,851 $52,890 $54,889 $57,304 $59,817 $62,292 $4,238 $4,407 $4,574 $4,775 $4,985 $5,191 BUILDING MAINTENANCE TECHNICIAN 525 $22.9727 $23.8387 $24.8664 $25.9036 $27.0268 $28.2257 $47,783 $49,585 $51,722 $53,880 $56,216 $58,709 $3,982 $4,132 $4,310 $4,490 $4,685 $4,892 PUBLIC SAFETY TELECOMM. I 524 $22.4396 $23.4009 $24.4476 $25.4278 $26.3890 $27.5500 $46,674 $48,674 $50,851 $52,890 $54,889 $57,304 $3,890 $4,056 $4,238 $4,407 $4,574 $4,775 LEAD JAILER 523 $22.0469 $22.9919 $23.9035 $24.8018 $25.8740 $26.9532 ANIMAL CONTROL OFFICER $45,858 $47,823 $49,719 $51,588 $53,818 $56,063 $3,821 $3,985 $4,143 $4,299 $4,485 $4,672 COMMUNITY SERVICE OFFICER 522 $21.6142 $22.5409 $23.4348 $24.3154 $25.3666 $26.4248 $44,957 $46,885 $48,744 $50,576 $52,763 $54,964 $3,746 $3,907 $4,062 $4,215 $4,397 $4,580 COURT LIAISON OFFICER 521 $21.1928 $22.0970 $22.9727 $23.8387 $24.8664 $25.9036 $44,081 $45,962 $47,783 $49,585 $51,722 $53,880 $3,673 $3,830 $3,982 $4,132 $4,310 $4,490 520 $20.7798 $21.6142 $22.5409 $23.4348 $24.3154 $25.3666 $43,222 $44,957 $46,885 $48,744 $50,576 $52,763 $3,602 $3,746 $3,907 $4,062 $4,215 $4,397 CODE ENFORCEMENT TECH (BI-LNG) 519 $20.3747 $21.1928 $22.0970 $22.9727 $23.8387 $24.8664 PARA-LEGAL $42,379 $44,081 $45,962 $47,783 $49,585 $51,722 PERMIT CONTROL OFFICER I $3,532 $3,673 $3,830 $3,982 $4,132 $4,310 PLANNING TECHNICIAN DECEMBER 19, 2007 VOLUME LXXII 1013 BUILDING MAINTENANCE WORKER 518 $19.8131 $20.7745 $21.5642 $22.4396 $23.4009 $24.4476 CENTRAL SERVICES COORDINATOR $41,211 $43,211 $44,854 $46,674 $48,674 $50,851 CITY HALL SECURITY OFFICER $3,434 $3,601 $3,738 $3,890 $4,056 $4,238 STAGE TECHNICIAN RENTAL LICENSING PROG ADMIN 517 $19.2948 $20.1753 $21.1084 $22.0808 $23.0928 $24.1511 $40,133 $41,965 $43,906 $45,928 $48,033 $50,234 $3,344 $3,497 $3,659 $3,827 $4,003 $4,186 CREW LEADER - CUSTODIAL 516 $18.9137 $19.7819 $20.6923 $21.6450 $22.6400 $23.6776 HISPANIC OUTREACH WORKER $39,341 $41,146 $43,040 $45,022 $47,091 $49,249 $3,278 $3,429 $3,587 $3,752 $3,924 $4,104 PRINCIPAL ACCOUNT CLK/PAYROLL 515 $18.6332 $19.4990 $20.3747 $21.1928 $22.0970 $22.9727 $38,757 $40,558 $42,379 $44,081 $45,962 $47,783 $3,230 $3,380 $3,532 $3,673 $3,830 $3,982 CUSTODIAN - BUILDINGS 514 $18.3477 $19.1280 $19.8131 $20.7745 $21.5642 $22.4396 CUSTODIAN - HEMMENS $38,163 $39,786 $41,211 $43,211 $44,854 $46,674 $3,180 $3,316 $3,434 $3,601 $3,738 $3,890 PRINCIPAL ACCOUNT CLK/AMB/BUS 513 $17.9480 $18.6332 $19.4990 $20.3747 $21.1928 $22.0970 $37,332 $38,757 $40,558 $42,379 $44,081 $45,962 $3,111 $3,230 $3,380 $3,532 $3,673 $3,830 COMM OUTREACH/SPECL EVTS WRKER 511 $17.2816 $17.9480 $18.6332 $19.4990 $20.3747 $21.1928 CUSTOMER SERVICE CLERK $35,946 $37,332 $38,757 $40,558 $42,379 $44,081 POLICE RECORDS CLERK $2,995 $3,111 $3,230 $3,380 $3,532 $3,673 PURCHASE ORDER ADMINISTRATOR SECRETARY TRAFFIC RECORDS CLERK RECORDS CLERK 509 $16.5778 $17.2816 $17.9480 $18.6332 $19.4990 $20.3747 $34,482 $35,946 $37,332 $38,757 $40,558 $42,379 $2,873 $2,995 $3,111 $3,230 $3,380 $3,532 BILINGUAL CLERK TYPIST 506 $15.6065 $16.3396 $16.8534 $17.6626 $18.3477 $19.1280 BUILDING MAINT. CLERK TYPIST $32,462 $33,986 $35,055 $36,738 $38,163 $39,786 CLERK TYPIST $2,705 $2,832 $2,921 $3,062 $3,180 $3,316 Section 2. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect as of December 23, 2007. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII DECEMBER 19, 2007 1014 Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G94-07 PASSED ESTABLISHING A PAY PLAN FOR PERMANENT PART-TIME MAINTENANCE AND CUSTODIAN EMPLOYEE GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 OF THE CITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G94-07 AN ORDINANCE ESTABLISHING A PAY PLAN FOR PERMANENT PART TIME MAINTENANCE AND CUSTODIAN EMPLOYEE GROUP SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 73 OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the following schedule of standard hourly pay ranges for permanent part time maintenance and custodian employee group SEIU Local 73 as follows: Permanent Part-Time Custodian Step 1 Step 2 Step 3 Step 4 Step 5 $10.03 $10.65 $11.51 $11.92 $12.54 Permanent Part-Time Maintenance Worker Step 1 Step 2 Step 3 Step 4 Step 5 $10.77 $11.45 $12.13 $12.80 $13.47 Section 2. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. DECEMBER 19, 2007 VOLUME LXXII 1015 Section 3. That this ordinance shall be in full force and effect as of December 23, 2007. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G95-07 PASSED ESTABLISHING A PAY PLAN FOR CERTAIN PART- TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G95-07 AN ORDINANCE ESTABLISHING A PAY PLAN FOR CERTAIN PART TIME AND SEASONAL EMPLOYEES OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the following schedule of standard hourly pay ranges for part time and seasonal employees as follows: Pay Step Single Rate Positions Grade 1 P.T. EMERGENCY DISPATCH COORD 905 $27.4501 P.T. CRIME PREVENTION SPECLST 967 $21.8614 P.T. ASST COMM SERV WORK COORD 971 $16.8326 P.T. BOX OFFICE SUPERVISOR P.T. EVIDENCE CUSTODIAN P.T. POLICE AUXILIARY VOLUME LXXII DECEMBER 19, 2007 1016 P.T. PUBLIC SAFETY TELECOMMUNICATOR 972 $24.3548 P.T. RELIEF ADMIN. SECRETARY 973 $17.4442 P.T. BOX OFFICE COORDINATOR 974 $14.9500 P.T. HEMMENS TECHNICIAN P.T. RELIEF SECRETARY P.T. SPEC PROJECT INTERN-FINANCE 976 $13.2438 P.T. CROSSING GUARD 977 $12.6327 P.T. SPEC PROJECT INTERN 978 $12.2301 P.T. SSNL INTERN - CODE ADMIN. P.T. PARKING CONTROL OFFICER 979 $12.1337 P.T. PLUMBING INSPECTOR 980 $26.5687 P.T. PLANNER 983 $31.6404 P.T. SPEC PROJECT INTERN 995 $12.2330 P.T. DOMESTIC VIOLENCE CASE MGR 996 $24.1037 Pay Step Step Step Step Step Year Round Positions Grade 1 2 3 4 5 P.T. LAB WORKER 901 $12.1820 $12.7453 $13.4211 $14.0970 $14.5155 P.T. SECRETARY 902 $11.1681 $11.6993 $12.3588 $13.0189 $13.4049 P.T. BILINGUAL CLERK TYPIST 903 $11.0073 $11.4740 $12.0693 $12.6489 $13.0348 P.T. CLERK TYPIST (I) P.T. RECEPTIONIST (I) P.T. CLERK 904 $10.1222 $10.6047 $11.1681 $11.7315 $12.0853 P.T. POLICE RECORDS CLERK P.T. JANITOR 907 $9.7359 $10.3314 $10.9107 $11.5061 $11.8439 P.T. HEAD USHER 908 $9.5268 $10.0418 $10.5083 $10.9910 $11.3128 P.T. PAVILION ATTENDANT 909 $9.0602 $9.5268 $10.0418 $10.5404 $10.8623 P.T. HEMMENS OPERATOR 913 $12.2084 $12.7719 $13.4476 $14.1235 $14.5420 P.T. ACCOUNT CLERK 916 $11.6587 $12.1820 $12.7453 $13.4211 $14.0970 DECEMBER 19, 2007 VOLUME LXXII 1017 P.T. ACCOUNT CLERK (I) P.T. BOX OFFICE CLERK P.T. BOX OFFICE CLERK (I) P.T. ACCOUNTING TECHNICIAN 938 $19.3191 $20.1825 $21.0939 $22.0412 $23.0366 P.T. CUSTOMER SERVICE CLERK 987 $11.6636 $12.1711 $12.7408 $13.4217 $14.1027 Pay Step Step Step Step Seasonal & Summer Positions Grade 1 2 3 4 P.T. FORESTER 920 $11.2164 $11.8119 $12.3428 $12.8580 P.T. LABORER P.T. LABORERS (25 HOURS/WEEK) P.T. SEAS. LABORER-PARKS P.T. SEASONAL LABORER-CEMETERY P.T. SEASONAL LABORER-GOLF P.T. SUMMER GROUNDS WKR-GOLF P.T. SUMMER GROUNDS WKR-PARKS P.T. SUMMER P.W. WKR-WTR DIST P.T. SUMMER MAINT. WORKER 924 $8.4647 $8.9796 $9.4461 $9.9128 STAFF AIDES (SUMM INTERN/ENG) 926 $9.9292 $10.4278 $11.1681 $11.9083 P.T. BICYCLE PATROL 928 $9.0602 $9.5268 $10.0418 $10.5404 P.T. ATTENDANT - GENERAL 946 $8.5612 $9.0602 $9.5268 $10.0095 Section 2. That there is hereby established the following benefit program for permanent (non-seasonal) part-time employees averaging 20 or more hours per week: 1. Vacation - one week per year (calculated in hours as the average number of hours worked per week by the eligible part-time employee). 2. Sick leave, Medical Insurance or Opt Out (HRA) - Eligible part-time employees may choose among the annual accrual of three (3) four hour sick days , participation in the City’s comprehensive major medical insurance program for employee and dependents provided to other City employees with eligible part- time employee paying fifty percent (50%) of the premium costs for such medical insurance coverage or participation in the City’s Opt-Out plan (HRA-Health Reimbursement Account) – annual reimbursement of $1000. Holidays – Ten (10) holidays, consisting of New Years Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve (calculated in hours as four hours for each holiday). Section 3. The City Manager, in the City Manager's discretion, may withhold proposed step increases or cost of living salary increases for a specific employee based upon such employee's substandard performance. VOLUME LXXII DECEMBER 19, 2007 1018 Section 4. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. That this ordinance shall be in full force and effect as of December 23, 2007. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G96-07 PASSED ESTABLISHING A PAY PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G96-07 AN ORDINANCE ESTABLISHING A PAY PLAN FOR CERTAIN APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the following offices and positions and schedule of standard monthly and annual salary ranges and benefit plans for the City's Non-Bargaining Unit Member Group: Benefit Pay Step Step Step Step Step Step Step Position Title Group Grade 1 2 3 4 5 6 7 CORPORATION COUNSEL A 825 $110,240 $115,752 $121,539 $127,616 $133,998 $140,697 $147,732 FIRE CHIEF A $9,187 $9,646 $10,128 $10,635 $11,166 $11,725 $12,311 POLICE CHIEF A DECEMBER 19, 2007 VOLUME LXXII 1019 824 $104,990 $110,240 $115,752 $121,539 $127,616 $133,998 $140,697 $8,749 $9,187 $9,646 $10,128 $10,635 $11,166 $11,725 ASSISTANT CITY MANAGER A 823 $99,991 $104,990 $110,240 $115,752 $121,539 $127,616 $133,998 COMMUNITY DEVEL GROUP DIRECTOR A $8,333 $8,749 $9,187 $9,646 $10,128 $10,635 $11,166 FISCAL SERVICES GROUP DIRECTOR A GENERAL SERVICES GROUP DIRECTOR A HUMAN RESOURCES & PURCHASING DIRECTOR A 822 $95,229 $99,991 $104,990 $110,240 $115,752 $121,539 $127,616 $7,936 $8,333 $8,749 $9,187 $9,646 $10,128 $10,635 ASSISTANT FIRE CHIEF A 821 $90,695 $95,229 $99,991 $104,990 $110,240 $115,752 $121,539 ECON DEV/BUS SERVICES DIRECTOR A $7,558 $7,936 $8,333 $8,749 $9,187 $9,646 $10,128 PARKS AND RECREATION DIRECTOR A POLICE DEPUTY CHIEF A PUBLIC WORKS DIRECTOR A BATTALION CHIEF (FIRE) A 820 $86,375 $90,695 $95,229 $99,991 $104,990 $110,240 $115,752 MIS DIRECTOR A $7,198 $7,558 $7,936 $8,333 $8,749 $9,187 $9,646 ASSISTANT CORP COUNSEL II B 819 $82,262 $86,375 $90,695 $95,229 $99,991 $104,990 $110,240 ASSISTANT FINANCE DIRECTOR B $6,855 $7,198 $7,558 $7,936 $8,333 $8,749 $9,187 ASST COMMUNITY DEVELOPMENT DIRECTOR B ASSISTANT TO CHIEF OF POLICE OPS C CITY ENGINEER A RECREATION & FACILITIES SUPERINTENDENT B WATER SYSTEMS SUPT. A EMERGENCY TELECOMM DIRECTOR B 818 $78,345 $82,262 $86,375 $90,695 $95,229 $99,991 $104,990 FIRE CAPTAIN C $6,529 $6,855 $7,198 $7,558 $7,936 $8,333 $8,749 FIRE MARSHALL A POLICE LIEUTENANT B PARKS SUPERINTENDENT B 817 $74,615 $78,345 $82,262 $86,375 $90,695 $95,229 $99,991 PLANNING MANAGER B PRINCIPAL PLANNER B $6,218 $6,529 $6,855 $7,198 $7,558 $7,936 $8,333 SENIOR ENGINEER B WATER OPERATIONS ENGINEER B ASSISTANT CORP COUNSEL I C 816 $71,061 $74,615 $78,345 $82,262 $86,375 $90,695 $95,229 CITYWIDE TRAINING COORDINATOR C $5,922 $6,218 $6,529 $6,855 $7,198 $7,558 $7,936 ENGINEER II B GOLF SERVICES MANAGER C MIS-SYSTEMS ENGINEER C VOLUME LXXII DECEMBER 19, 2007 1020 POLICE SERGEANT C POLICE TRAINING COORDINATOR C ACCOUNTING SUPERVISOR B 815 $67,679 $71,061 $74,615 $78,345 $82,262 $86,375 $90,695 ASSISTANT PURCHASING DIRECTOR B $5,640 $5,922 $6,218 $6,529 $6,855 $7,198 $7,558 BUILDING AND DEVELOPMENT OFFICER B BUILDING MAINTENANCE SUPT. B CITY CLERK B COMMUNITY DEVEL PROGRAM MANAGER B CULTURAL CENTER SUPERVISOR B FLEET MAINTENANCE SUPERINTENDENT B PUBLIC INFORMATION OFFICER B PUBLIC WORKS ADMIN SUPT B SENIOR PLANNER B STREET SUPERINTENDENT C TRAFFIC SUPERINTENDENT B UTILITY SUPERINTENDENT B CENTRE CUSTOMER SERVICE MANAGER C 814 $64,454 $67,679 $71,061 $74,615 $78,345 $82,262 $86,375 CENTRE OPERATIONS MANAGER C $5,371 $5,640 $5,922 $6,218 $6,529 $6,855 $7,198 CHIEF CHEMIST C CHIEF WATER PLANT OPERATOR C CITY FORESTER C CIVIL ENGINEER I C ENGINEER I C PARKS MAINTENANCE SUPERVISOR C PLANNER C PUBLIC HEALTH OFFICER C SR. PUBLIC SAFETY SYSTEMS SPEC. C UTILITY MAINTENANCE SUPERINTENDENT C WATER MAINTENANCE SUPERVISOR C WATER METER SUPERVISOR C GOLF COURSE SUPERINTENDENT B 813 $61,385 $64,454 $67,679 $71,061 $74,615 $78,345 $82,262 $5,115 $5,371 $5,640 $5,922 $6,218 $6,529 $6,855 APPLICATION SUPPORT ANALYST C 812 $58,462 $61,385 $64,454 $67,679 $71,061 $74,615 $78,345 ASSISTANT CHIEF PLANT OPERATOR C $4,872 $5,115 $5,371 $5,640 $5,922 $6,218 $6,529 CODE ENFORCEMENT SUPERVISOR C FIRE INSPECTOR C G.I.S. PLANNER C MIS GIS TECHNICIAN C DECEMBER 19, 2007 VOLUME LXXII 1021 MIS TECHNICIAN II C MIS TRAINING SPECIALIST C MIS-ANALYST/PROGRAMMER C PARKS DEVELOPMENT COORDINATOR C SPORTS COMPLEX SUPERVISOR C ASSOCIATE PLANNER C 811 $55,679 $58,462 $61,385 $64,454 $67,679 $71,061 $74,615 ASST. BUILDING MAINT. SUPERINTENDENT. C $4,640 $4,872 $5,115 $5,371 $5,640 $5,922 $6,218 COMMUNICATIONS SHIFT SUPERVISOR C ECONOMIC DEVELOPMENT COORDINATOR C FRONT-OF-HOUSE SUPV.- HEMMENS C HISTORIC PRESERVATION SPECIALIST C MARKETING OFFICER C PLAN EXAMINER C PLANNING & RESEARCH ACCRED MGR C POLICE RECORDS SUPERVISOR C VICTIM ASSISTANCE COORDINATOR C ZONING OFFICER C AQUATIC SUPERVISOR C 810 $53,027 $55,679 $58,462 $61,385 $64,454 $67,679 $71,061 CENTRE BUILDING SUPERVISOR C $4,419 $4,640 $4,872 $5,115 $5,371 $5,640 $5,922 CHEMIST C COMMUNITY OUTREACH COORDINATOR C EXECUTIVE ASSISTANT C HEALTH & FITNESS PROGRAM SUPERVISOR. C HOUSING & REHABILITATION COORD C HUMAN RESOURCES ADMIN. ASSISTANT C HUMAN RESOURCES SPECIALIST II C LEGAL SECRETARY/PARALEGAL C MANAGEMENT ANALYST C PROGRAM SUPERVISOR C PROGRAM SUPV - EARLY CHILDHOOD C RECREATION PROG SUPV- ATHLETICS C SPECIAL EVENTS COORDINATOR C ACCOUNTANT C 809 $50,502 $53,027 $55,679 $58,462 $61,385 $64,454 $67,679 CUSTOMER SERVICE SUPERVISOR C $4,208 $4,419 $4,640 $4,872 $5,115 $5,371 $5,640 RISK MANAGEMENT ASSISTANT C ASST TECHNICAL SUPV – HEMMENS C 808 $48,097 $50,502 $53,027 $55,679 $58,462 $61,385 $64,454 VOLUME LXXII DECEMBER 19, 2007 1022 COMMUNITY RESTITUTION COORDINATOR C $4,008 $4,208 $4,419 $4,640 $4,872 $5,115 $5,371 HUMAN RESOURCES SPECIALIST I C MEMBERSHIP COORDINATOR C POLICE BUDGET ANALYST C POLICE CRIME ANALYST C PUBLIC SAFETY SYSTEM SPECIALIST C ACCOUNTING TECHNICIAN C 807 $45,807 $48,097 $50,502 $53,027 $55,679 $58,462 $61,385 CUSTODIAL SUPERVISOR C $3,817 $4,008 $4,208 $4,419 $4,640 $4,872 $5,115 MIS TECHNICIAN C PROPERTY/EVIDENCE TECHNICIAN C ADMINISTRATIVE ASSISTANT II* C 806 $43,625 $45,807 $48,097 $50,502 $53,027 $55,679 $58,462 DEPUTY CITY CLERK* C $3,635 $3,817 $4,008 $4,208 $4,419 $4,640 $4,872 GOLF PROFESSIONAL C LEGAL SECRETARY* C CABLE PRODUCTION SPECIALIST C 805 $41,549 $43,625 $45,807 $48,097 $50,502 $53,027 $55,679 GANG INTERVENTION SPECIALIST C $3,462 $3,635 $3,817 $4,008 $4,208 $4,419 $4,640 PROGRAM SPECIALIST C ADMINISTRATIVE ASSISTANT I* C 804 $39,570 $41,549 $43,625 $45,807 $48,097 $50,502 $53,027 $3,298 $3,462 $3,635 $3,817 $4,008 $4,208 $4,419 COMMUNITY RESTITUTION WORK SUPERVISOR C 803 $37,685 $39,570 $41,549 $43,625 $45,807 $48,097 $50,502 HUMAN RESOURCES TECHNICIAN II* C $3,140 $3,298 $3,462 $3,635 $3,817 $4,008 $4,208 802 $35,891 $37,685 $39,570 $41,549 $43,625 $45,807 $48,097 $2,991 $3,140 $3,298 $3,462 $3,635 $3,817 $4,008 HUMAN RESOURCES TECHNICIAN I* C 801 $34,182 $35,891 $37,685 $39,570 $41,549 $43,625 $45,807 $2,848 $2,991 $3,140 $3,298 $3,462 $3,635 $3,817 *(Confidential position) Section 2. That the following benefit program is hereby established: Group A 1) Vacation - 1 to 9 years of service - 3 weeks 10 years to 21 years of service - 4 weeks 22 or more years of service - 5 weeks DECEMBER 19, 2007 VOLUME LXXII 1023 The city manager in the city manager’s discretion may also consider and include up to nine (9) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation. 2) Sick Leave - Sixty (60) days (in 12-hour increments for Fire shift personnel) placed on account when commencing employment, plus annual accrual. 3) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents with employee option to continue coverage upon separation from employment according to one of the available coverage continuation options. 4) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 5) Physical Exam - $50 annual reimbursement for physical or health maintenance examination. 6) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight-time rate. Twelve (12) hours of personal time off for each holiday which falls on a scheduled day off as well as for each of any undesignated holidays shall also be received by fire shift personnel. 7) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 8) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Group B 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 10 years of service - 3 weeks 11 to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager, in the city manager’s discretion, may also include up to five (5) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation. 2) Sick Leave - Thirty (30) days placed on account upon commencement of employment plus annual accrual. VOLUME LXXII DECEMBER 19, 2007 1024 3) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents with employee option to continue coverage upon separation from employment according to one of the available coverage continuation options. 4) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 5) Physical Exam - $50 annual reimbursement for annual physical or health maintenance examination. 6) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Police shift personnel will receive additional eight (8) hours holiday pay at their straight-time hourly rate whether the holiday is worked or not or an additional eight (8) hours of compensatory time for each holiday if they so select. 7) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 8) Police management personnel shall receive compensation for court appearance on days off at a rate equivalent to 150% of their current hourly rate of pay for actual hours with a minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Police Lieutenants shall be paid at a rate equivalent to 150% of their current hourly rate of pay for hours worked over 8.25 hours per day. Police Lieutenants shall have the option of compensatory time for hours in excess of their regular 8.25 shift hours with a maximum accrual of 80 hours. 9) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Group C 1) Vacation - 1 to 5 years of service - 2 weeks 6 to 11 years of service - 3 weeks 12 to 21 years of service - 4 weeks 22 or more years of service - 5 weeks The city manager, in the city manager’s discretion, may also include up to five (5) years of non-City of Elgin prior professional or supervisory service of an employee in the same or similar field in determining years of service of an employee for the purpose of vacation. 2) Sick Leave - Fifteen (15) days (in 12-hour increments for Fire shift personnel) placed on account upon commencement of employment plus annual accrual. 3) Medical Insurance - Comprehensive Major Medical Insurance program for employee and dependents with employee option to continue coverage upon separation from employment according to one of the available coverage continuation options. DECEMBER 19, 2007 VOLUME LXXII 1025 4) Life Insurance - in an amount equal to the nearest $1,000 of the employee's annual base salary. 5) Physical Exam - $50 annual reimbursement for physical examination. 6) Holidays - New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day, and New Year's Eve. Police shift personnel will receive an additional eight (8) hours holiday pay at their straight-time hourly rate whether the holiday is worked or not or an additional eight (8) hours of compensatory time for each holiday if they so select. Fire shift personnel shall receive additional pay for hours actually worked on holidays at a straight-time rate. Twelve (12) hours of personal time off for each holiday which falls on a scheduled day off as well as for each of any undesignated holidays shall also be received by fire shift personnel. 7) Uniform Allowances - $50 uniform allowance differential for Police management personnel above the authorized annual employee allowances for the Police employee group, in addition to providing replacement for uniforms damaged while on duty. 8) Police management personnel shall receive compensation for court appearance on days off at a rate equivalent to 150% of their current hourly rate of pay for actual hours with a minimum of two hours pay. Total compensation for standby for court duty on day off is $40. Police Sergeants shall be paid at a rate equivalent to 150% of their current hourly rate of pay for hours worked over 8.25 hours per day. Police Sergeants shall have the option of compensatory time for hours in excess of their regular 8.25 shift hours with a maximum accrual of 80 hours. 9) Fire Captains shall receive compensation at time and a half for overtime hours worked. 10) Personal Days - Three (3) personal days shall be provided per year, but not including Fire shift personnel. Police Management Sick Leave Benefits Sick Leave Bonus. All employees on the active payroll as of December 16, 2001 and the beginning of each subsequent payroll year, shall have established a $240 sick leave occurrence bank. For each use of sick leave during a payroll year, $40.00 shall be deducted from the employee’s individual sick leave bonus bank. Employees on the payroll at the end of the payroll year shall receive a voucher payment equal to the balance remaining in their individual sick leave bonus bank. Section 3. 401 (a) Plan for Groups A, B, and C - Effective January 1, 1992, the City’s deferred compensation program (under Section 401(a) of the U.S. Tax Code) for all non-contract (Management Group) employees, the City shall contribute 4% against a 2% or higher (maximum 10%) matching contribution by the employee into the program. Section 4. That all ordinances in conflict with the provisions of this ordinance are hereby repealed. VOLUME LXXII DECEMBER 19, 2007 1026 Section 5. That this ordinance shall be in full force and effect as of December 23, 2007. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G97-07 PASSED GRANTING A MAP AMENDMENT FROM GI GENERAL INDUSTRIAL DISTRICT TO PGI PLANNED GENERAL INDUSTRIAL DISTRICT (1502-1506 VILLA STREET) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G97-07 AN ORDINANCE GRANTING A MAP AMENDMENT FROM GI GENERAL INDUSTRIAL DISTRICT TO PGI PLANNED GENERAL INDUSTRIAL DISTRICT (1502 – 1506 Villa Street) WHEREAS, written application has been made to reclassify certain property located at 1502 – 1506 Villa Street from GI General Industrial District to PGI Planned General Industrial District; and WHEREAS, the Planning and Development Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: DECEMBER 19, 2007 VOLUME LXXII 1027 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 4, 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 Chapter 19.08, Section 19.08.020 entitled Zoning District map of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: PARCEL 1: A Tract of Land Being Part of the Southwest Quarter of Section 20, Township 41 North, Range 9 East Of The Third Principal Meridian, Cook County, Illinois, Being More Particularly Described As Follows: Beginning at the Intersection of the Westerly Right of Way of the Elgin, Joliet & Eastern Rail Road (100'w.) and The Northerly Right Of Way Line of State Route 20 (Varying Width); Thence North 09 Degrees 02 Minutes 21 Seconds East, Along The Westerly Right Of Way Line of Said Railroad, A Distance of 2090.55 Feet- Thence North 82 Degrees 50 Minutes 35 Seconds West, A Distance of 1563.83 Feet To The Easterly Right of Way of Shales (Varying Width) Parkway; Thence South 04 Degrees 40 Minutes 26 Seconds West, Along Said Easterly Right of Way, A Distance of 1321.80 Feet, Thence Continuing Along The Right of Way of Shales (80'w.) Parkway, South 55 Degrees 30 Minutes 16 Seconds East, A Distance of 252.21 Feet To The Beginning of A Curve To The Right Having A Radius of 341.65 Feet, An Arc Distance of 433.18 Feet; Thence South 17 Degrees 09 Minutes 41 Seconds West, A Distance of 14.26 Feet To A Point On The Northerly Right of Way of U.S. Route 20 (A.K.A. Lake Street)(A.K.A. Villa Street)(Varying Width); Thence Following Said Northerly Right Of Way, The Following Courses And Distances,• South 69 Degrees 46 Minutes 18 Seconds East, Distance of 114.88 Feet; Thence North 07 Degrees 24 Minutes 27 Seconds East, 76.11 Feet; Thence South 82 Degrees 47 Minutes 33 Seconds East, A Distance of 64.90 Feet Thence South 02 Degrees 10 Minutes 27 Seconds West, A Distance Of 224.70 Feet, Thence South 74 Degrees 13 Minutes 33 Seconds East, A Distance of 75.99 Feet,• Thence North 15 Degrees 46 Minutes 27 Seconds East, A Distance of 15.00 Feet Thence South 74 Degrees 13 Minutes 33 Seconds East, A Distance of 1.72 Feet Thence South 77 Degrees 13 Minutes 33 Seconds East, A Distance of 100.15 Feet; Thence South 75 Degrees 05 Minutes 33 Seconds East, A Distance of 467.72 Feet Thence South 09 Degrees 02 Minutes 21 Seconds West, A Distance of 4.45 Feet Thence South 72 Degrees 43 Minutes 30 Seconds East, A Distance of 0.30 Feet; Thence North 09 Degrees 02 Minutes 21 Seconds East, A Distance of 3.34 Feet; Thence South 73 Degrees 45 Minutes 47 Seconds East, A Distance of 200.23 Feet To The Point of Beginning, Containing 2,746,800 Square Feet, or 63.06 Acres, More or Less, Cook County, Illinois (property commonly known as 1502 1506 East Villa Street). VOLUME LXXII DECEMBER 19, 2007 1028 Except That Part Of Section 20, Township 41 North, Range 9 East of The Third Principal Meridian Described As Follows: Commencing At A Point In The Center Line of The U.S. Route 20 Where The East Line Of The West 1/2 of The Southwest 1/4 of Said Section 20 Intersects Said Center Line; Thence Southeasterly Along Said Center Line 52.40 Feet To The Easterly Line of A Tract of Land Conveyed To Public Service Company of Northern Illinois (Now The Commonwealth Edison Company) By Document No. 9542306; Thence Northerly Along Said Easterly Line, 114.22 Feet; Thence Northeasterly Along Said Easterly Line 76.81 Feet To The Northerly Line of A Tract of Land Dedicated For Highway Purposes Document Number 17993033; Thence Southeasterly Along Said Northerly Line, 41.55 Feet To A Line 40.0 Feet Easterly of (Measured At Right Angles Thereto) And Parallel With The Easterly Line of Lands Conveyed By Document Number 9542306; Thence North 02°44’50” East Along Said Easterly Line To A Point on The North Right of Way Line of Shales Parkway, 411.91 Feet To A Point of Beginning; Thence North 02°44’50” East, Continuing Along Said Easterly Line 1314.98 Feet To The Southerly Line of Lot “C” In Section 20, According To The Plat Filed With The Commissioner’s Report In Partition In Case No. 19700 In The Circuit Court of Cook County, Illinois; Thence South 84°42’05” East, Along Said South Line of Lot “C”, 1563.43 Feet To The Westerly Right of Way Line of The Elgin Joliet And Eastern Railroad; Thence South 07°06’36” West, Along Said Right of Way Line, 954.48 Feet; Thence North 82°54’11” West, 924.90 Feet; Thence South 07°03’00” West, 18.47 Feet; Thence North 82°54’11” West 67.88 Feet; Thence South 07°05’48” West; 300.00 Feet To A Point of Curvature; Thence Southwesterly Along The Arc of A Circle Being Convex Southeasterly And Having A Radius of 173.24 Feet, An Arc Distance of 106.34 Feet To A Point of Tangency; Thence South 42°16’04” West, 129.35 Feet To A Point of Curvature; Thence Southwesterly Along An Arc of A Circle, Being Convex Southeasterly And Having A Radius Of 75.00 Feet, An Arc Distance Of 113.90 Feet (The Chord Of Which Bears 65°45’55” West, 103.26 Feet) To A Point of Curvature; Thence Northwesterly Along An Arc of A Circle, Being Convex Southwesterly And Having A Radius Of 341.56 Feet, An Arc Distance Of 26.85 Feet (The Chord of Which Bears North 53°02’31” West, 26.84 Feet) To A Point of Tangency; Thence North 55°17’38” West, 270.10 Feet To The Point of Beginning, Being Situated In The City Of Elgin, Cook County, Illinois (property commonly known as 1451 Sheldon Drive). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from GI General Industrial District to PGI Planned General Industrial District for the property commonly known as 1502 -1506 Villa Street, and legally described above, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of this PGI Planned General Industrial District is to provide a planned industrial environment for those industrial uses that do not require the location or environment of an ORI Office Research Industrial District. DECEMBER 19, 2007 VOLUME LXXII 1029 A PGI zoning district is most similar to, but departs from the standard requirements of the GI 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. C. General Provisions. In this PGI 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 may be amended from time to time. D. Zoning Districts - Generally. In this PGI Planned General Industrial 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. E. Location and Size of District. PGI Planned General Industrial Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PGI 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 planned industrial district shall be granted by the City Council. F. Land Use. In this PGI Planned General Industrial 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 only permitted, conditional, and similar land uses allowed within this PGI zoning district shall be those permitted, conditional, and similar land uses listed in Chapter 19.40.300, GI General Industrial District. G. Site Design. In this PGI Planned General District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. In this PGI Planned General Industrial District, the use and development of land and structures shall be subject to Section I., Supplementary Conditions, of this Ordinance, and shall be in substantial conformance with the following documents: 1. Substantial conformance to the Petitioner’s Statement of Purpose and Conformance, submitted with the development application prepared by Prime Commercial Corporation, dated May 23, 2007. 2. Substantial conformance to the Building Elevations and Floor Plans (Sheet A) prepared by Randall Bees Architects, Inc. and dated April 30, 2007 with latest revisions dated May 22, 2007. VOLUME LXXII DECEMBER 19, 2007 1030 3. Substantial conformance to the Landscape and Tree Inventory and Preservation Plan prepared by David R. McCallum Associates, Inc Landscape Architects and dated August 6, 2007, with latest revisions dated August 16, 2007. 4. Compliance with all other applicable codes and ordinances. H. Off Street Parking. In this PGI Planned General Industrial 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 PGI Planned General Industrial 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. J. Signs. In this PGI Planned General Industrial District, graphics shall be subject to the provisions of 19.50, Street Graphics, as may be amended from time to time. K. Planned Developments. In this PGI Planned General Industrial 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. L. Conditional Uses. In this PGI Planned General Industrial 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. M. Variations. In this PGI Planned General Industrial District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. N. 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 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor DECEMBER 19, 2007 VOLUME LXXII 1031 Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G98-07 PASSED GRANTING A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PORI PLANNED OFFICE INDUSTRIAL DISTRICT (2000 GALVIN DRIVE-RANDALL POINT WEST) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G98-07 AN ORDINANCE GRANTING A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (2000 Galvin Drive-Randall Point West) WHEREAS, written application has been made to reclassify certain property located at 2000 Galvin Drive from ORI Office Research Industrial District to PORI Planned Office Research Industrial District; and WHEREAS, the Planning and Development Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the 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 November 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. VOLUME LXXII DECEMBER 19, 2007 1032 Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the Elgin Municipal Code, as amended, be and the same is hereby further amended by including in the PORI Planned Office Research Industrial District the following described property: That Part Of The South Half Of Section 30, Township 42 North, Range 8 East Of The Third Principal Meridian Described As Follows: Beginning At The Northwest Corner Of The East Half Of The Southwest Quarter Of Said Section 30; Thence North 88°43'36" East Along The North Line Of The South Half Of Said Section 30, A Distance Of 2,116.34 Feet To An Intersection With A Line Drawn Northeasterly, Perpendicular To The Northeasterly Line Of State Toll Highway Commission Parcel Number N-4d-56, From A Point 1,576.63 Feet, Measured Along Said Northeasterly Line And The Northeasterly Line Of State Toll Highway Commission Parcel Number N-4d-55, Southeast Of The West Line Of Said East Half Of The Southwest Quarter Of Section 30; Thence South 29°19'07" West Along Said Perpendicular Line, 1,503.82 Feet To Said Northeasterly Line Of State Toll Highway Commission Parcel Number N-4d-56; Thence North 60°40'53" West Along Said Northeasterly Line And Said Northeasterly Line Of State Toll Highway Commission Parcel Number N-4d-55, A Distance Of 1,576.63 Feet To The West Line Of The East Half Of The Southwest Quarter Of Section 30, Aforesaid; Thence North 00°33'17" West Along Said West Line, 492.17 Feet To The Point Of Beginning, All In The City Of Elgin, Kane County, Illinois (Property commonly known as 2000 Galvin Drive). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from ORI Office Research Industrial District to PORI District for the property commonly known as 2000 Galvin Drive, and legally described above, which shall be designed, developed, and operated subject to the following provisions: 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 within this ordinance 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. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PORI 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 may be amended from time to time. DECEMBER 19, 2007 VOLUME LXXII 1033 D. Zoning Districts Generally. In this PORI 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 may be amended from time to time. E. Location and Size of Districts. Planned industrial districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate planned industrial 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 planned industrial district shall be granted by the City Council. F. Land Use. In this PORI District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 of this Title. 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 Office Research Industrial District, as amended. A. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the ORI Office Research Industrial District: 1. Municipal services division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 2. Offices division: "Offices" [SR] (UNCL). 3. Finance, insurance, and real estate division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 4. Services division: Advertising (731). "Bed and breakfast inns" [SR] (7011). Carpet and upholstery cleaning agents without plants on the premises (7217). Commercial, economic, sociological, and educational research (8732). Commercial physical and biological research (8731). Computer programming, data processing, and other computer related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management, and related services (87). Home healthcare services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Legal services (811). VOLUME LXXII DECEMBER 19, 2007 1034 Linen supply (7213). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Motion picture distribution and allied services (782). Motion picture production and allied services (781). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). Outdoor advertising services (7312). Personnel supply services (736). Photofinishing laboratories (7384). Professional sports operators and promoters (7941). Refrigerator and air conditioning service and repair (7623). Reupholstery and furniture repair (764). Security systems services (7382). Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Vocational schools (824). Watch, clock, and jewelry repair (763). 5. Retail trade division: Automatic merchandising machine operators (5962). Catalog and mail order houses (5961). Direct selling establishments (5963). 6. Agricultural division: Crop services (072). Farm labor and management services (076). Landscape counseling and planning (0781). Soil preparation services (071). 7. INTENTIONALLY OMITTED. 8. Manufacturing division: Apparel and other finished products made from fabrics and similar materials (23). Computer and office equipment (357). Electronic and other electrical equipment and components (36). Furniture and fixtures (25). Fabricated metal products (34). Industrial and commercial machinery and equipment (35). Leather and leather products (31). DECEMBER 19, 2007 VOLUME LXXII 1035 Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; and watches and clocks (38). Printing, publishing, and allied industries (27). Stone, clay, glass and concrete products (32). Tobacco products (21). Transportation equipment (37). 9. Wholesale trade division: Apparel piece goods and notions (513). Beer, wine and distilled alcoholic beverages (518). Chemicals and allied products (516). Drugs, drug proprietaries and druggists' sundries (512). Electrical goods (506). Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). Machinery, equipment, and supplies (508). Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). Professional and commercial equipment and supplies (504). 10. Transportation, communication and utilities division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators offices (414). Cable and other pay television services (484). "Commercial antenna tower" [SR] (UNCL). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Courier services (4215). Freight forwarding in general (4731). Intercity and rural bus transportation operators' offices (413). Local and suburban passenger transportation operators' offices (411). Natural gas transmission and distribution (4922) (4924). Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL). VOLUME LXXII DECEMBER 19, 2007 1036 11. Miscellaneous uses division: "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 of this title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the ORI office research industrial district to the provisions of section 19.10.400 of this title. "Fences and walls" [SR] (UNCL). "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 of this title. "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 of this title. "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 of this title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of chapter 19.50 of this title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). B. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in the ORI office research industrial district: 1. Municipal services division: "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. 2. Public administration division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Services division: Armored car service (7381). Carpet or rug cleaning, dying, or repairing plants (7217). Child daycare services (835). Dry cleaning plants (7216). Truck route laundry and dry cleaning not operated by laundries or cleaners (7212). 4. Retail trade division: Carryout restaurants (5812). Drinking places (alcoholic beverages) (5813). Eating places (5812). "Outdoor eating and drinking facilities" [SR] (UNCL). 5. INTENTIONALLY OMITTED. 6. Manufacturing division: Food and kindred products (20). DECEMBER 19, 2007 VOLUME LXXII 1037 Chemicals and allied products (28). Lumber and wood products (24). Paper and allied products (26). Rubber and miscellaneous plastics products (30). Textile mill products (22). 7. Transportation, communication and utilities division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Pipelines, except natural gas (461). Public warehousing and storage (422), but not including self storage/leasable storage facilities. "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 8. Miscellaneous uses division: "Accessory package liquor sales establishment" [SR] (UNCL). "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 of this title. "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 of this title. "Commercial operations yard" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of chapter 19.50 of this title. "Parking lots" [SR] (UNCL), subject to the provisions of chapter 19.45 of this title. "Parking structures" [SR], subject to the provisions of chapter 19.45 of this title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of chapter 19.60 of this title. C. Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the ORI office research industrial district or in a less restrictive zoning district, pursuant to subsection 19.10.400H of this title: 1. Services division: Business services not elsewhere classified (7389). Laundry and garment services not elsewhere classified (7219). Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299). Miscellaneous repair shops and related services (769). Services not elsewhere classified (899). VOLUME LXXII DECEMBER 19, 2007 1038 Social services not elsewhere classified (839). 2. Manufacturing division: Miscellaneous manufacturing industries (39). 3. Transportation, communication and utilities division: Transportation services not elsewhere classified (4789). (Ord. G65-05 § 7, 2005; Ord. G44-96 § 10, 1996; Ord. G81-95 § 1, 1995; Ord. G9-95 § 1, 1995; Ord. G23-94 §§ 2-5, 1994; Ord. G45-92 § 2, 1992) G. Site Design. In this PORI District, the site design regulations shall be as required in the ORI Office Research Industrial District, pursuant to Chapter 19.40.135 Site Design, of the ELGIN MUNICIPAL CODE, as may be amended from time to time. The development of land and structures shall also be in substantial conformance with the following: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by the applicant, represented by Peter C. Bazos, Esq., of Schnell, Bazos, Freeman, Kramer, Schuster & Vanek, dated October 10, 2007, and ensuing “Rider.” 2. Substantial conformance to the Engineering Improvement Plans titled “Randall Point West” prepared by Cowhey Gudmundson Leder, Ltd., dated TBA. 3. Substantial conformance to the Final Plat of Subdivision of Randall Point West prepared by Cowhey Gudmundson Leder, Ltd., dated October 4, 2007 with revisions per the Community Development Group, Engineering Division, and Legal Department. 4. Compliance with all other applicable codes and ordinances. H. Off-Street Parking. In this PORI District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the ELGIN MUNICIPAL CODE, as amended. I. Off-Street Loading. In this PORI District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended. Signs. In this PORI District, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. Notwithstanding the foregoing, should the City Council of the City of Elgin designate the subject property as an Area of Special Character pursuant to Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, and in the event the City Council of the City of Elgin adopts an ordinance establishing special regulations for street graphics on the subject property then any such ordinance establishing special regulations for street graphics for the subject property shall also govern and control the use of signs. J. Amendments. In this PORI District, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment DECEMBER 19, 2007 VOLUME LXXII 1039 may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PORI zoning district authorize such an application. K. Planned Developments. . In this PORI zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners in this PORI zoning district authorize such an application. L. Conditional Uses. In this PORI zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners in this PORI zoning district authorize such an application. M. Variations. In this PORI District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners in this PORI zoning district authorize such an application. N. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. O. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII DECEMBER 19, 2007 1040 Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G101-07 PASSED AMENDING A PAB PLANNED AREA BUSINESS DISTRICT FOR CERTAIN TERRITORY (JC PENNEY STORE IN ELGIN WAL- MART/SAM’S CLUB SUBDIVISION, 1000 S. RANDALL ROAD) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G101-07 AN ORDINANCE AMENDING A PAB PLANNED AREA BUSINESS DISTRICT FOR CERTAIN TERRITORY (JC Penney Store in Elgin Wal-Mart/Sam’s Club Subdivision 1000 South Randall Road) WHEREAS, the territory herein described has been annexed to the City of Elgin and classified in the PAB Planned Area Business District (Ordinance No. G114-06); and WHEREAS, written application has been made to permit the construction of a JC Penney store in the PAB Planned Area Business District and in the ARC Arterial Road Corridor Overlay District; and WHEREAS, the development of certain property in the Elgin Wal-Mart/Sam’s Club Subdivision was approved with the passage of Ordinance No. G114-06; and WHEREAS, Ordinance No. G114-06 requires that prior to any other or further development in the Elgin Wal-Mart/Sam’s Club Subdivision, the owner of the Subject Property to be developed shall be required to submit a development plan to the city for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended; and DECEMBER 19, 2007 VOLUME LXXII 1041 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 November 5, 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 in the PAB Planned Area Business District, which will permit the construction of a JC Penney store at 1000 South Randall Road, and legally described as follows: That part of the Southwest Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, described as follows: Beginning at the Northwest corner of the Southwest Quarter of said Section 28; thence North 88 degrees 47 minutes 08 seconds East on the North line of the Southwest Quarter of said Section 28, a distance of 1325.10 feet to the East line of the West Half of the Southwest Quarter of said Section 28; thence South 0 degrees 55 minutes 34 seconds East on said East line, a distance of 2631.19 feet to the South line of the Southwest Quarter of said Section 28; thence South 88 degrees 28 minutes 48 seconds West on the South line of the Southwest Quarter of said Section 28, a distance of 1318.40 feet to the West line of the Southwest Quarter of said Section 28; thence North 1 degree 04 minutes 22 seconds West on the West line of the Southwest Quarter of said Section 28, a distance of 2638.19 feet to the Point of Beginning. Be and is hereby granted subject to the following conditions: 1. Substantial conformance with the building and building sign elevation drawings for a JC Penney Box “B” store, prepared by JC Penney Company, Inc., dated May 15, 2007; and the color elevation renderings, no date. 2. Substantial conformance with the JC Penney Preliminary Engineering Plan, prepared by Atwell-Hicks, dated August 28, 2007, with provisions for a second point of access and cross-access easements for the benefit of the neighboring property to the south. 3. Allowance for one maximum twenty foot tall and two hundred square foot ground VOLUME LXXII DECEMBER 19, 2007 1042 sign along Randall Road. 4. Compliance 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. G114-06. Section 4. That the development plan granted herein shall expire if not established within two years from the date of passage of this ordinance. Section 5. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G104-07 PASSED AMENDING THE SCHEDULE OF FEES FOR CEMETERY LOT SALES AND BURIAL SERVICES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G104-07 AN ORDINANCE AMENDING THE SCHEDULE OF FEES FOR CEMETERY LOT SALES AND BURIAL SERVICES Section 1. That Section 2.24.200 of Chapter 2 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: “2.24.200 Lot or grave space--Purchase price. DECEMBER 19, 2007 VOLUME LXXII 1043 A. The cost of lots is established at the rate of eight hundred fifty dollars per grave space; of this amount seven hundred dollars shall be credited to the general fund and one hundred fifty dollars to the perpetual care fund. However, if the restricted asset fund is depleted below its required level, fifteen percent of each amount shall be credited to the restricted asset fund. B. The cost of infant grave spaces in the infant and child section is established at one hundred eighty-five dollars for two foot by four foot grave sites and three hundred forty dollars for grave sites larger than two foot by four foot; of this amount, two hundred fifty dollars shall be credited to the general fund and ninety dollars to the perpetual care fund. The cost of infant and child grave spaces in the adult section is established at the same rate as an adult grave space in that section. C. The cost of lots in Section 2-A is established at the rate of eight hundred fifty dollars per grave space; of this amount seven hundred dollars shall be credited to the general fund and one hundred fifty dollars to the perpetual care fund. However, if the restricted asset fund is depleted below its required level, fifteen percent of each amount shall be credited to the restricted asset fund. D. The cost of lots in the memorial sections is established at the rate of seven hundred dollars per grave space; of this amount five hundred ninety dollars shall be credited to the general fund and one hundred ten dollars to the perpetual care fund. However, if the restricted asset fund is depleted below its required level, fifteen percent of each amount shall be credited to the restricted asset fund. E. The cost of lots in Section 22 is established at the rate of eight hundred fifty dollars per grave space; of this amount seven hundred dollars shall be credited to the general fund and one hundred fifty dollars to the perpetual care fund. However, if the restricted asset fund is depleted below its required level, fifteen percent of each amount shall be credited to the restricted fund. F. The cost of one cremation niche space in the Columbarium which can be utilized for either one or two inurnments is established at the rate of one thousand four hundred dollars, which includes the space and bronze nameplate. Of this amount one thousand one hundred ninety dollars shall be credited to the general fund and two hundred ten dollars to the perpetual care fund. The rate for a weekday inurnment performed before 2:30 pm is established at four hundred forty dollars and may be included in the price of a pre-need sale. G. The city council, by resolution, may provide that the city enter into contracts for the sale of tracts of lots or graves for a price per grave space other than as provided in this chapter where such agreements provide for the sale of not VOLUME LXXII DECEMBER 19, 2007 1044 less than 350 grave spaces to recognized nonprofit religious or fraternal organizations, in accordance with terms and conditions established by the council.” Section 2. That Section 2.24.230 of Chapter 2 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: “2.24.230 Fees for burial services. The superintendent shall demand and shall receive the following fees in advance. Fees charged to the account of local undertakers shall be paid within twenty days after services furnished. Services Effective 1/1/08 A. Burials 1. Adults, including tent Weekdays, 8:00 AM - 2:30 PM $1000 Weekdays, 2:30 PM - 3:30 PM $1145 Weekdays, 3:30 PM to 1 hour before dusk $1320 Saturdays, 9:00 AM - 12:30 PM $1310 Saturdays, 12:30 PM - 3:30 PM $1520 Saturdays, 3:30 PM to 1 hour before dusk $1662 Sundays and Holidays, 9:00 AM - 12:30 PM $1930 Sundays and Holidays, 12:30 PM - 3:00 PM $2060 Sundays and Holidays, 3:00 PM to 1 hour before dusk $2370 2. Infants (up to 48” vault), no tent Weekdays, 8:00 AM - 2:30 PM $ 315 Weekdays, 2:30 PM - 3:30 PM $ 440 Weekdays, 3:30 PM to 1 hour before dusk $ 500 Saturdays, 8:00 AM - 12:30 PM $ 525 Saturdays, 12:30 PM - 3:00 PM $ 600 Saturdays, 3:00 PM to 1 hour before dusk $ 690 Sundays and Holidays 9:00 AM - 12:30 PM $ 950 Sundays and Holidays, 12:30 PM - 3:00 PM $1145 Sundays and Holidays, 3:00 PM to 1 hour before dusk $1315 DECEMBER 19, 2007 VOLUME LXXII 1045 3. Public Aid, no tent Weekdays Only, 8:00 AM - 3:00 PM $ 518 Grave Box for Public Aid Burials $ 220 (includes setting) (State of Illinois to pay $518. If marker is desired, grave space, burial, and other costs shall be paid at full price before marker is set.) 4. Disinter/Reinter, weekdays only Adult disinter, weekdays, 8:00 AM - 2:30 PM only $1105 Adult reinter, weekdays, 8:00 AM - 2:30 PM only $ 950 Infant disinter, weekdays, 8:00 AM - 2:30 PM only $ 450 Infant reinter, weekdays, 8:00 AM - 2:30 PM only $ 310 5. Cremations, permanent container required, no tent Weekdays, 8:00 AM - 2:30 PM $ 550 Weekdays, 2:30 PM - 3:30 PM $ 700 Weekdays, 3:30 PM to 1 hour before dusk $ 820 Saturdays, 9:00 AM - 12:30 PM $ 750 Saturdays, 12:30 PM - 3:00 PM $ 845 Saturdays, 3:00 PM to 1 hour before dusk $ 965 Sundays and Holidays 9:00 AM - 12:30 PM $1125 Sundays and Holidays, 12:30 PM - 3:00 PM $1430 Sundays and Holidays, 3:00 PM to 1 hour before dusk $1550 (Permanent container required, subject to approval of Cemetery Director; Cremains shall not be scattered on the grounds.) 6. Place Casket in Mausoleum Weekdays 8:00 AM-2:30 PM $ 950 VOLUME LXXII DECEMBER 19, 2007 1046 Weekdays 2:30 PM to 1 hour before dusk $1440 Saturdays 9:00 AM-12:30 PM $1250 Saturdays 12:30 PM to 1 hour before dusk $1510 Sundays & Holidays 9:00 AM-12:30 PM $1845 Sundays & Holidays 12:30 PM to 1 hour before dusk $2265 B. Vault Setting $ 180 C. Grave Box Setting $ 180 (Except for Public Aid. Public Aid, no charge; Islamic, $80) D. Grave Box $ 320 (Public Aid--See Public Aid Burials) E. Cremation Vault $ 200 F. Tent (other than adult burials) $ 105 G. Veteran's Marker $ 220 H. Sodding or Resodding 1. Adult Grave $ 95 2. Infant Grave $ 40 I. Care of Vases or Urns, Each $ 55 J. Miscellaneous: Foundation Permit $ 55 Metal Flower Vase for in the Ground $ 55 Winter Wreath $ 35 K. Documentation: Deed Transfer, Quit Claim Deed $ 55 Duplicate Deed $ 55 Recording or Marker Information for Person Not Buried at Bluff City Cemetery $ 55 L. Seasonal Care DECEMBER 19, 2007 VOLUME LXXII 1047 1. Single Grave Lot $ 15 2. Two Grave Lot $ 18 3. In excess of two grave spaces, each additional grave space $5.50 M. Perpetual Care 1. First Grave Space $ 120 plus surcharge 2. Each Additional Grave Space $ 110 plus surcharge (Perpetual care shall be paid on entire lot prior to setting or engraving headstones or monuments on any portion thereof) Surcharge: Anyone wishing to purchase perpetual care for any grave space not currently covered by such care shall pay a surcharge equal to five years seasonal care on the number of graves to be covered. The surcharge shall be based on the then current fee for seasonal care. Provided, however, that this surcharge shall be reduced by the amount equal to the then current seasonal care rate multiplied by the number of years, if any, in the five (5) years prior that seasonal care was provided for the grave or grave spaces to be marked. This surcharge is to be deposited in the General Cemetery Fund.” Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor VOLUME LXXII DECEMBER 19, 2007 1048 Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G105-07 PASSED AMENDING THE FEE SCHEDULE FOR CERTAIN BUSINESS LICENSES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G105-07 AN ORDINANCE AMENDING THE FEE SCHEDULE FOR CERTAIN BUSINESS LICENSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 9, Chapter 9.08.050 entitled "License; Annual Fee" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "9.08.050: LICENSE; ANNUAL FEE: A. Retail Food Stores: 1. Retail food stores; including sale of fresh meat and groceries: two hundred seventy dollars ($270.00). 2. Specialty retail food stores: one hundred eighty dollars ($180.00). Includes: a. Bakeries; b. Confectionery and/or ice cream stores; c. Meat markets; DECEMBER 19, 2007 VOLUME LXXII 1049 d. Grocery stores (no sale of fresh meats); e. Wholesale food distributors; f. Delicatessens. 3. Convenience food outlets: ninety-five dollars ($95.00). Includes: a. Milk depots, including prepackaged convenience foods; b. Produce stands. B. Food Service Establishments: 1. Restaurants with a customer capacity of twenty five (25) persons or more at one time: two hundred sixty dollars ($260.00). Includes: a. Hospitals; b. Bars, taverns, lounges with food preparation. 2. Restaurants with a customer capacity, including counter stool or seats, of less than twenty five (25) persons at one time: two hundred twenty dollars ($220.00). Includes: a. Drive-throughs, no seating; b. Nursing homes; c. Retirement centers; d. Bars, taverns, lounges with food preparation. 3. Daycare centers with food preparation: one hundred fifty-five dollars ($155.00). 4. Bars, taverns, lounges with only prepackaged food and no food preparation: ninety-five dollars ($95.00) C. Waiver of Fees: 1. No permit fee otherwise required by this Chapter shall be required of any unit of local government as defined by the constitution of Illinois, 1970, school district, or community college district. VOLUME LXXII DECEMBER 19, 2007 1050 2. The exemptions provided in this Section apply only to fees and shall not exempt or waive the requirement of any permits or inspections otherwise required. D. Late Payment Penalty Fee: All permit fees for the annual renewal of permits are due by December 31 of each year. Commencing February 1, 1996, establishments failing to submit the required fee by December 31 shall be assessed a late payment penalty fee of ten percent (10%) per month of the license fee. E. Reinspection Fee after Determination of Noncompliance: 1. First reinspection: No fee. 2. Second and subsequent reinspection fees: thirty two dollars ($32.00)." Section 2. That Title 6, Chapter 6.65.050 entitled "License Fee; Exempt Facilities" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending Section 6.65.050A to read as follows: "A. Annual Fee. The annual license fee of a swimming pool shall be one hundred fifty-five dollars ($155.00). Swimming pools operated by the City shall be exempt from the license fee requirement." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after January 1, 2008. s/ Ed Schock Ed Schock, Mayor Presented: December 19, 2007 Passed: December 19, 2007 Vote: Yeas: 7 Nays: 0 Recorded: December 20, 2007 Published: December 21, 2007 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 19, 2007 VOLUME LXXII 1051 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Steffen made a motion, seconded by Councilmember Gilliam, 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. Design Review Subcommittee Meeting Minutes for August 14, 2007 and October 9, 2007 Committee of the Whole Minutes for November 28, 2007 City Council Minutes for November 28, 2007 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Walters, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 7:35 p.m. s/ Diane Robertson January 9, 2008 Diane Robertson, City Clerk Date Approved