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HomeMy WebLinkAboutj - May 28, 2008 CC341 VOLUME LXXIII MAY 28, 2008 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 May 28, 2008, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The Invocation was given by Sister June Does from Provena St. Joseph Hospital and the Pledge of Allegiance was led by Mrs. Eleanor Richoz. ROLL CALL Roll call was answered by Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters and Mayor Schock. Absent: Councilmember Gilliam. MINUTES OF THE MAY 14, 2008, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Steffen, to approve the May 14, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Eleanor Richoz expressed her appreciation to the City Council and staff for their expression of sympathy at the time of her husband’s passing. John Collins expressed his opinions about the situation between Mrs. Kelly and the City and how it was handled. BID 08-038 AWARDED TO AMERICAN RAMP COMPANY FOR THE PURCHASE OF SKATE PARK EQUIPMENT TO BE INSTALLED AT GRANT SCHOOL PARK Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve a contract to American Ramp Company for a not to exceed amount of $66,973.41 for the purchase of skate park equipment to be installed at the Grant School Park. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. MAY 28, 2008 VOLUME LXXIII 342 BID 08-039 AWARDED TO TYLER CREEK BUILDERS FOR DECONSTRUCTION OF THE GOLF CART BARN AND THE CONSTRUCTION OF A NEW MAINTENANCE BUILDING FOR THE HIGHLANDS OF ELGIN GOLF COURSE Councilmember Walters made a motion, seconded by Councilmember Powers, to approve a contract with Tyler Creek Builders in the amount of $85,448 for the deconstruction of the golf cart barn and the construction of a new maintenance building for The Highlands of Elgin Golf Course. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. ANNEXATION AGREEMENT HEARING DATE SET FOR JUNE 25, 2008; PROPERTY LOCATED AT 3303 AND 3305 ROUTE 20, BY PHILLIP MCKAY AND ALFONSO NAVA, AS APPLICANTS AND OWNERS (PETITION 50-07) Community Development Director Deering requested that the annexation hearing date be set for June 25, 2008. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to set the public hearing date for the annexation agreement of Petition 50-07 for the June 25, 2008, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 06-08 APPROVED REQUESTING A CONDITIONAL RESIDENTIAL OCCUPATION IN THE RC2 RESIDENCE CONSERVATION DISTRICT, TO PERMIT A CERTIFIED MASSAGE THERAPIST PRACTICE; PROPERTY LOCATED AT 22 SOUTH ALFRED AVENUE, BY NATALIE PENDERGRASS AS APPLICANT, AND NATALIE AND MITCH PENDERGRASS AS OWNERS Community Development Director Deering stated this type of home occupation is only allowed as a conditional use by Council approval. The Zoning and Subdivision Hearing Board has recommended approval subject to five conditions. Councilmember Walters made a motion, seconded by Councilmember Powers, to approve Petition 06-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 19-08 APPROVED REQUESTING AN AMENDMENT TO CHAPTER 19.50.105 OF THE ELGIN MUNICIPAL CODE ENTITLED “AREAS OF SPECIAL CHARACTER,” A MAP AMENDMENT WITHIN THE ORI OFFICE RESEARCH INDUSTRIAL DISTRICT, AND AN AMENDMENT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G54-00, TO ESTABLISH SPECIAL REGULATIONS WITHIN AN AREA OF SPECIAL CHARACTER, PROPERTY LOCATED AT 2215 THROUGH 2250 POINT BOULEVARD; BY VOLUME LXXIII MAY 28, 2008 343 RANDALL POINT EXECUTIVE CENTER PROPERTY OWNERS ASSOCIATION, INC., AS APPLICANTS, AND RANDALL LAKES LIMITED PARTNERSHIP AND RP2 LIMITED PARTNERSHIP AS OWNERS Community Development Director Deering stated establishment of special sign regulations will provide for a sign featuring tenant names and an LED component. The proposed zoning ordinance provides for various other conditions that will regulate the proposed sign including the minimum rate of change of one minute as well as limitations on the changes of sequences, and limitations on the intensity of the signage. The Planning and Development Commission has recommended the approval of this petition subject to conditions as outlined. Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve Petition 19-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. ORDINANCE G28-08 PASSED ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER (RANDALL POINT WEST SUBDIVISION) Councilmember Figueroa made a motion, seconded by Councilmember Powers, to pass the following ordinance. Councilmember Walters asked if this sign would only face the tollway. The Mayor said that was correct. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G28-08 AN ORDINANCE ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I 90 AREA OF SPECIAL CHARACTER (RANDALL POINT WEST SUBDIVISION) WHEREAS, Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, provides that the City Council may designate specific locations within the City as Areas of Special Character in order to provide appropriate flexibility in the regulation of street graphics through the adoption of special regulation for these areas that can vary from the regulations contained within the City's Street Graphics Ordinance; and WHEREAS, the City Council, in its Ordinance No. G25-08, has designated the Randall Point West Subdivision as part of the Randall Road/I 90 Area of Special Character (the “Randall Road/I 90 Area of Special Character”) pursuant to Section 19.50.105; and MAY 28, 2008 VOLUME LXXIII 344 WHEREAS, written application has been made to adopt special regulations for street graphics within the Randall Point West Subdivision as part of the Randall Road/I 90Area of Special Character; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed special regulations; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation that the requested special regulations for street graphics be denied; and WHEREAS, the Community Development Group has submitted its written findings and recommendation that the requested special regulations for street graphics be granted; and WHEREAS, the City Council has previously determined that the Randall Road/I 90 Area of Special Character has unique characteristics including the area's location, topography and being adjacent to U.S. Interstate 90; and WHEREAS, the City Council further finds that the proposed use of the Randall Point West Subdivision as mixed use office and industrial park presents specified unique challenges and demands such that the City's street graphic ordinance cannot adequately regulate street graphics for such use in such area; and WHEREAS, the proposed special regulations for the Randall Point West Subdivision are consistent with the unique character and unique use of the Randall Road/I 90 Area of Special Character and departures from the street graphics ordinance as contained within such proposed special regulations are limited to address the unique and particular area characteristics and use characteristics of the Randall Point West Subdivision portion of the Randall Road/I 90 Area of Special Character. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following Special Regulations for Street Graphics for the Randall Point West Subdivision portion of the Randall Road/I 90 Area of Special Character, such Randall Point West Subdivision being legally described in the Planned Development Ordinance for the Randall Point West Subdivision under Ordinance No. G98-07 (the “Subject Property”), be and are hereby granted and approved pursuant and subject to the following terms and conditions: 1. Compliance with the Randall Point West Special Sign District Plan prepared by White Way Sign Company, dated August 14, 2007, revised April 8, 2008 and April 10, 2008 attached hereto as Exhibit 1 (such plan is hereinafter referred to as the “Subject Special Sign District Plan”). Pursuant to the Subject Special Sign District Plan, one double-faced light emitting diode (LED) message center (the “Special Sign”) shall be permitted on the Subject Property in the location as set forth in paragraph 2 below. At VOLUME LXXIII MAY 28, 2008 345 the election of its owner, the light emitting diode (LED) message center on the west- facing side of the Special Sign may initially be constructed and / or from time to time replaced with a static (no-LED) sign face. 2. The Special Sign shall be located only at a location within the strip of land constituting the southerly fifty (50) feet of Lots 2, 3, 4 or 5 of the Randall Point West Subdivision. 3. The light emitting diode (LED) message center included as part of the sign shall also comply with the following additional standards: a. All images, displays or messages of any type or nature (hereinafter collectively “Image” or “Images”) shall be static without any type of movement or motion whether the Images are in the form of animation, video, text or otherwise. No continuous traveling, scrolling, flashing, spinning, revolving or shaking, or any other type of movement or motion of an Image shall be allowed. b. The rate of change for any Image shall be for a minimum period of one (1) minute, i.e., each Image displayed shall be displayed for a minimum period of one (1) minute. c. Any Image or message change sequence shall be accomplished immediately with no transition by changing from one screen to another or by means of fade or dissolve mode. d. The intensity of the light emitting diode (LED) display shall not exceed the level specified in the chart below: INTENSITY LEVELS (NITS) Color Daytime Nighttime Amber only 4,690 1,675 Full Color 7,000 2,500 Green only 6,300 2,250 Red only 3,150 1,125 e. The square footage of the light emitting diode (LED) message center shall not exceed 72 square feet. f. The light emitting diode (LED) message center, as well as all other street graphics within the Subject Property shall not be operated, in whole or in part, as an Off Premises Street Graphic. MAY 28, 2008 VOLUME LXXIII 346 g. The light emitting diode (LED) message center shall display Images limited solely and only to displaying in text (i) the names and logos of the companies, one at a time, then currently occupying the mixed used office and industrial park on the Subject Property as a bona fide full time and year round owner or tenant on the Subject Property and (ii) the name of the subdivision developer/ manager. h. In the event of any conflict between the standards for the light emitting diode (LED) message center as provided in this subsection 3 and the provisions within the Subject Special Sign District Plan, the provisions of this subsection 3 shall supersede and control. 4. In the event of any conflict between the special regulations for the Subject Property as provided herein, and the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics”, the provisions of these special regulations for the Subject Property as contained herein shall supersede and control. 5. With the sole exception of the Special Sign (i.e., the light emitting diode (LED) message center authorized in this ordinance), all other street graphics on the Subject Property shall comply with the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics”. Section 2. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Passed: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 29, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII MAY 28, 2008 347 ORDINANCE G29-08 PASSED ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER (PORTIONS OF RANDALL POINT EXECUTIVE CENTER SUBDIVISION AND RANDALL POINT EXECUTIVE CENTER II SUBDIVISION) Mr. Deering stated this ordinance had been considered several months ago, but had been delayed due to staff working together with the applicants to refine various conditions for allowing the sign. Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G29-08 AN ORDINANCE ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I 90 AREA OF SPECIAL CHARACTER (PORTIONS OF RANDALL POINT EXECUTIVE CENTER SUBDIVISION AND RANDALL POINT EXECUTIVE CENTER II SUBDIVISION) WHEREAS, Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, provides that the City Council may designate specific locations within the City as Areas of Special Character in order to provide appropriate flexibility in the regulation of street graphics through the adoption of special regulation for these areas that can vary from the regulations contained within the City's Street Graphics Ordinance; and WHEREAS, the City Council, in its Ordinance No. G25-08, has designated portions of the Randall Point Executive Center Subdivision and Randall Point Executive Center II Subdivision as part of the Randall Road/I 90 Area of Special Character (the “Randall Road/I 90 Area of Special Character”) pursuant to Section 19.50.105; and WHEREAS, written application has been made to adopt special regulations for street graphics within portions of the Randall Point Executive Center Subdivision and Randall Point Executive Center II Subdivision as part of the Randall Road/I 90Area of Special Character; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed special regulations; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation that the requested special regulations for street graphics be denied; and WHEREAS, the Community Development Group has submitted its written findings and recommendation that the requested special regulations for street graphics be granted; and MAY 28, 2008 VOLUME LXXIII 348 WHEREAS, the City Council has previously determined that the Randall Road/I 90 Area of Special Character has unique characteristics including the area's location, topography and being adjacent to U.S. Interstate 90; and WHEREAS, the City Council further finds that the proposed use of the subject portions of Randall Point Executive Center Subdivision and Randall Point Executive Center II Subdivision as mixed use office and industrial park presents specified unique challenges and demands such that the City's street graphic ordinance cannot adequately regulate street graphics for such use in such area; and WHEREAS, the proposed special regulations for the Randall Point Executive Center Subdivision and Randall Point Executive Center II Subdivision are consistent with the unique character and unique use of the Randall Road/I 90 Area of Special Character and departures from the street graphics ordinance as contained within such proposed special regulations are limited to address the unique and particular area characteristics and use characteristics of the subject portions of Randall Point Executive Center Subdivision and Randall Point Executive Center II Subdivision portion of the Randall Road/I 90 Area of Special Character. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following Special Regulations for Street Graphics for those portions of the Randall Point Executive Center Subdivision and Randall Point Executive Center II Subdivision legally described on Exhibit A within the Randall Road/I 90 Area of Special Character (the “Subject Property”), be and are hereby granted and approved pursuant and subject to the following terms and conditions: 1. Compliance with the Randall Point West Special Sign District Plan prepared by White Way Sign Company, dated April 14, 2007, revised April 8, 2008, attached hereto as Exhibit B (such plan is hereinafter referred to as the “Subject Special Sign District Plan”). Pursuant to the Subject Special Sign District Plan, one double-faced light emitting diode (LED) message center (the “Special Sign”) shall be permitted on the Subject Property in the location as set forth in paragraph 2 below. At the election of its owner, the light emitting diode (LED) message center on the west-facing side of the Special Sign may initially be constructed and / or from time to time replaced with a static (no-LED) sign face. 2. The Special Sign shall be located only at a location within the strip of land constituting the southerly fifty (50) feet of Lot 8 of the Randall Point Executive Center II Subdivision. 3. The light emitting diode (LED) message center included as part of the sign shall also comply with the following additional standards: a. All images, displays or messages of any type or nature (hereinafter collectively “Image” or “Images”) shall be static without any type of VOLUME LXXIII MAY 28, 2008 349 movement or motion whether the Images are in the form of animation, video, text or otherwise. No continuous traveling, scrolling, flashing, spinning, revolving or shaking, or any other type of movement or motion of an Image shall be allowed. b. The rate of change for any Image shall be for a minimum period of one (1) minute, i.e., each Image displayed shall be displayed for a minimum period of one (1) minute. c. Any Image or message change sequence shall be accomplished immediately with no transition by changing from one screen to another or by means of fade or dissolve mode. d. The intensity of the light emitting diode (LED) display shall not exceed the level specified in the chart below: INTENSITY LEVELS (NITS) Color Daytime Nighttime Amber only 4,690 1,675 Full Color 7,000 2,500 Green only 6,300 2,250 Red only 3,150 1,125 e. The square footage of the light emitting diode (LED) message center shall not exceed 72 square feet. f. The light emitting diode (LED) message center, as well as all other street graphics within the Subject Property shall not be operated, in whole or in part, as an Off Premises Street Graphic. g. The light emitting diode (LED) message center shall display Images limited solely and only to displaying in text (i) the names and logos of the companies, one at a time, then currently occupying the mixed used office and industrial park on the Subject Property as a bona fide full time and year round owner or tenant on the Subject Property and (ii) the name of the subdivision developer/ manager. h. In the event of any conflict between the standards for the light emitting diode (LED) message center as provided in this subsection 3 and the provisions within the Subject Special Sign District Plan, the provisions of this subsection 3 shall supersede and control. 4. In the event of any conflict between the special regulations for the Subject Property as provided herein, and the provisions of Chapter 19.50 of the Elgin Municipal MAY 28, 2008 VOLUME LXXIII 350 Code, 1976, as amended, entitled “Street Graphics”, the provisions of these special regulations for the Subject Property as contained herein shall supersede and control. 5. With the sole exception of the Special Sign (i.e., the light emitting diode (LED) message center authorized in this ordinance), all other street graphics on the Subject Property shall comply with the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics”. Section 2. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Passed: May 28, 2008 Vote: Yeas: 6 Nays: 0 Recorded: May 29, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk PETITION 22-08 APPROVED REQUESTING AN AMENDMENT TO PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G76-04, TO ESTABLISH SPECIAL REGULATIONS WITHIN AN AREA OF SPECIAL CHARACTER; PROPERTY LOCATED AT 2300-2450 NORTH RANDALL ROAD; BY THE CITY OF ELGIN, AS APPLICANT, AND INTERSTATE PARTNERS, LLC, AS APPLICANT AND AGENT FOR THE GROVE AT RANDALL LLC, AND BY THE GROVE AT RANDALL LLC, AS OWNER Community Development Director Deering stated that two signs have been proposed and special regulations are being proposed. One will provide for a multi-tenant listing and for an LED component. Additionally, a projecting sign is being proposed by Rookies, a new restaurant. The ordinance also includes conditions that will regulate the proposed sign including the minimum rate of change of one minute as well as limitations on the changes of sequences, and limitations on the intensity of the signage. The Planning and Development Commission has recommended the approval of this petition subject to conditions as outlined. Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve Petition 22-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII MAY 28, 2008 351 ORDINANCE G30-08 PASSED ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER (THE GROVE SUBDIVISION) Councilmember Figueroa made a motion, seconded by Councilmember Powers, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G30-08 AN ORDINANCE ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN A PORTION OF THE RANDALL ROAD/I 90 AREA OF SPECIAL CHARACTER (THE GROVE SUBDIVISION) WHEREAS, Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, provides that the City Council may designate specific locations within the City as Areas of Special Character in order to provide appropriate flexibility in the regulation of street graphics through the adoption of special regulation for these areas that can vary from the regulations contained within the City's Street Graphics Ordinance; and WHEREAS, the City Council, in its Ordinance No. G25-08, has designated The Grove Subdivision as part of the Randall Road/I 90 Area of Special Character (the “Randall Road/I 90 Area of Special Character”) pursuant to Section 19.50.105; and WHEREAS, written application has been made to adopt special regulations for street graphics within The Grove Subdivision as part of the Randall Road/I 90Area of Special Character; and WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed special regulations; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendation that the requested special regulations for street graphics be denied; and WHEREAS, the Community Development Group has submitted its written findings and recommendation that the requested special regulations for street graphics be granted; and WHEREAS, the City Council has previously determined that the Randall Road/I 90 Area of Special Character has unique characteristics including the area's location, topography and being adjacent to U.S. Interstate 90; and MAY 28, 2008 VOLUME LXXIII 352 WHEREAS, the City Council further finds that the proposed use of The Grove Subdivision as a mixed use commercial and entertainment area presents specified unique challenges and demands such that the City's street graphic ordinance cannot adequately regulate street graphics for such use in such area; and WHEREAS, the proposed special regulations for the Grove Subdivision are consistent with the unique character and unique use of the Randall Road/I 90 Area of Special Character and departures from the street graphics ordinance as contained within such proposed special regulations are limited to address the unique and particular area characteristics and use characteristics of The Grove Subdivision portion of the Randall Road/I 90 Area of Special Character. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following Special Regulations for Street Graphics for The Grove Subdivision portion of the Randall Road/I 90 Area of Special Character, such Grove Subdivision being legally described in the planned development ordinance for such property under Ordinance No. G76-04 (the “Subject Property”), be and are hereby granted and approved pursuant and subject to the following terms and conditions: 1. Compliance with the sign plans for Rookies Restaurant attached hereto as Exhibit 1 inclusive of the following: a. Rookies Sport Pub & Grille Graphics Summary, dated February 29, 2008, which includes logo sizes for proposed awnings and building elevations for the four sides of the Rookies restaurant building showing awning placement; b. a sign illustration of the projecting sign prepared by Landmark Sign Group, dated January 29, 2008; c. a sign illustration of the marquee sign, prepared by Landmark Sign Group, dated November 20, 2007, last revised January 31, 2008; and d. site plan, submitted by Interstate Partners, L.L.C., dated February 29, 2008. 2. Compliance with the sign plans for The Grove digital monument sign attached hereto as Exhibit 2 inclusive of the following: a. A sign illustration of the digital monument sign (during day hours) prepared by Landmark Sign Group, dated November 7, 2007, revised March 11, 2008; b. a sign illustration of the digital monument sign (during night hours) prepared by Landmark Sign Group, dated November 7, 2007, revised March 11, 2008; c. sign plan showing digital monument sign placement, submitted by Interstate Partners L.L.C.; and d. Watchfire LED Sign Product fact sheet submitted by Interstate Partners, L.L.C. dated April 9, 2008. 3. The signage for the Rookies Restaurant depicted in Exhibit 1 shall be located only in conjunction with the Rookies Restaurant at 2486 Bushwood Drive, Elgin, Illinois on the Subject Property. The Grove digital monument sign depicted in Exhibit 2 (referred to herein alternatively as the “Digital Monument Sign” or the “Light Emitting Diode (LED) Message Center Sign”) shall be located as depicted in the site plan in Exhibit 2. VOLUME LXXIII MAY 28, 2008 353 4. The Digital Monument Sign, also known as the Light Emitting Diode (LED) Message Center Sign depicted in Exhibit 2 shall also comply with the following additional standards: a. All images, displays or messages of any type or nature (hereinafter collectively “Image” or “Images”) shall be static without any type of movement or motion whether the Images are in the form of animation, video, text or otherwise. No continuous traveling, scrolling, flashing, spinning, revolving or shaking, or any other type of movement or motion of an Image shall be allowed. b. The rate of change for any Image shall be for a minimum period of one (1) minute, i.e., each Image displayed shall be displayed for a minimum period of one (1) minute. c. Any Image or message change sequence shall be accomplished immediately with no transition by changing from one screen to another or by means of fade or dissolve mode. d. The intensity of the Digital Monument Sign, also known as the Light Emitting Diode (LED) Message Center Sign, shall not exceed the level specified in the chart below: INTENSITY LEVELS (NITS) Color Daytime Nighttime Amber only 4,690 1,675 Full Color 7,000 2,500 Green only 6,300 2,250 Red only 3,150 1,125 e. The Digital Monument Sign, also known as the Light Emitting Diode (LED) Message Center Sign, as well as all other street graphics within the Subject Property shall not be operated, in whole or in part, as an Off Premises Street Graphic. f. The Digital Monument Sign, also known as the Light Emitting Diode (LED) Message Center Sign, shall display Images limited solely and only to displaying in text (i) the names and logos of the companies, one at a time, then currently occupying the Subject Property as a bona fide full time and year round owner or tenant on the Subject Property and (ii) the name of the subdivision developer/ manager. MAY 28, 2008 VOLUME LXXIII 354 g. In the event of any conflict between the standards for the Digital Monument Sign, also known as the Light Emitting Diode (LED) Message Center Sign, as provided in this subsection 4 and the provisions within the plans therefore in Exhibit 2, the provisions of this subsection 4 shall supersede and control. 5. In the event of any conflict between the special regulations for the Subject Property as provided herein, and the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics”, the provisions of these special regulations for the Subject Property as contained herein shall supersede and control. 6. With the sole exceptions of the signage for the Rookies Restaurant depicted in Exhibit 1, The Grove Digital Monument Sign depicted in Exhibit 2 and the provisions in Section 3J of the planned development ordinance for the Subject Property under Ordinance No. G76-04, as amended, all other street graphics on the Subject Property shall comply with the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics”. Section 3. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Passed: May 28, 2008 Vote: Yeas: 6 Nays: 0 Recorded: May 29, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S6-08 PASSED DESIGNATING WING PARK GOLF COURSE AT 1000 WING STREET AS A HISTORICAL LANDMARK Councilmember Powers made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, and Mayor Schock. Nays: None. Councilmember Walters abstained due to a conflict of interest. VOLUME LXXIII MAY 28, 2008 355 Ordinance No. S6-08 AN ORDINANCE DESIGNATING WING PARK GOLF COURSE AT 1000 WING STREET AS A HISTORICAL LANDMARK WHEREAS, the Elgin Heritage Commission has conducted a public hearing and determined that the Wing Park Golf Course at 1000 Wing Street meets the criteria of the Elgin Municipal Code, 1976, as amended, for designation of a historical landmark; and WHEREAS, the Elgin Heritage Commission has submitted its report and findings in support of its determination and recommendation; and WHEREAS, the Wing Park Golf Course at 1000 Wing Street has been identified by the Elgin Heritage Commission, as a significant historical and architectural structure within the City of Elgin due to its connection to prominent Elgin citizens and its significant architectural and structural design; and WHEREAS, it is appropriate to promote civic pride through an awareness of Elgin’s unique development and history; and encourage the conservation and preservation of an important segment of the man-made environment of the City of Elgin; and WHEREAS, the City Council has reviewed the recommendation of the Elgin Heritage Commission and concurs in the recommendation to designate the Wing Park Golf Course at 1000 Wing Street as a historical landmark. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Wing Park Golf Course at 1000 Wing Street, located upon a portion of the property legally described as follows: Lot 1 in Block 8 of West Park Addition to Elgin in the City of Elgin, Kane County, Illinois. be and is hereby designated as a historical landmark as provided in Chapter 20.06 of the Elgin Municipal Code, 1976, as amended. BE IT FURTHER ORDAINED that the City Clerk is authorized and directed to provide notice, send copies of the ordinance, and record a certified copy of the ordinance in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor MAY 28, 2008 VOLUME LXXIII 356 Presented: May 28, 2008 Passed: May 28, 2008 Vote: Yeas: 5 Nays: 0 Recorded: May 29, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-140 ADOPTED AUTHORIZING THE CITY MANAGER TO APPLY FOR ITEP (ILLINOIS TRANSPORTATION ENHANCEMENT PROGRAM) FUNDING FOR THE ELGIN BIKEWAY MASTER PLAN, ROUTE 1-NORTHEAST QUADRANT PROJECT AND THE ELGIN BIKEWAY MASTER PLAN, ROUTE 4-SOUTHWEST QUADRANT PROJECT AND COMMIT TO APPROPRIATE FUNDING Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-140 RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR ITEP (ILLINOIS TRANSPORTATION ENHANCEMENT PROGRAM) FUNDING FOR THE ELGIN BIKEWAY MASTER PLAN, ROUTE 1 – NORTHEAST QUADRANT PROJECT AND THE ELGIN BIKEWAY MASTER PLAN, ROUTE 4 – SOUTHWEST QUADRANT PROJECT AND COMMIT TO APPROPRIATE FUNDING WHEREAS, the City Council of the City of Elgin has approved the concept plans for the Elgin Bikeway Master Plan, Route 1 – Northeast Quadrant Project and the Elgin Bikeway Master Plan, Route 4 – Southwest Quadrant Project; and WHEREAS, applications for ITEP funding for the Elgin Bikeway Master Plan, Route 1 – Northeast Quadrant Project and the Elgin Bikeway Master Plan, Route 4 – Southwest Quadrant Project will be submitted to IDOT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN: Section 1. That the City Manager be and hereby is authorized to apply for ITEP funding for the Elgin Bikeway Master Plan, Route 1 – Northeast Quadrant Project and the Elgin Bikeway Master Plan, Route 4 – Southwest Quadrant Project and commit to appropriate funding in future budgets, conditional upon securing ITEP funding for a portion of the projects costs. VOLUME LXXIII MAY 28, 2008 357 Section 2. This Resolution shall be in full force and effect from and after its passage an approval according to law. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Seyfarth Shaw Chicago, IL $16,168.37 Legal services for the City. Chapman & Cutler Chicago IL $42,000.00 Services regarding general obligation bonds. Rieke Office Interiors Elgin, IL $11,871.00 Office furniture for offices at Public Works Building CONSENT AGENDA By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G25-08 through G27-08, G31-08, T22-08, T23-08, S7-08 and adopt Resolution Nos. 08-126 through 08-139 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. MAY 28, 2008 VOLUME LXXIII 358 ORDINANCE G25-08 PASSED AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “STREET GRAPHICS” Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G25-08 AN ORDINANCE AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" WHEREAS, written application has been made to amend the City's Street Graphics Ordinance; and WHEREAS, the Planning and Development Commission has held a public hearing concerning the proposed amendments after due notice in the manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendations that the requested amendments be granted, but that the requested amendment to create the Route 19/East Chicago Street area of special character be denied; and WHEREAS, the Community Development Group has submitted its written findings and recommendations that the requested amendments be granted; and WHEREAS, the City Council concurs in the findings and recommendations of the Community Development Group. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.50.080, of the Elgin Municipal Code, 1976, as amended, entitled "Wall and Integral Roof Graphics", be and is hereby further amended by amending subparagraph B thereof to read as follows: “B. Wall Graphic Projections: No wall graphic shall project more than twelve (12) inches from the surface to which it is attached, except as may be otherwise provided for projecting graphic.” Section 2. That Section 19.50.080 of the Elgin Municipal Code, 1976, as amended, entitled "Wall and Integral Roof Graphics", be and is hereby further amended by adding a new subparagraph I thereto to read as follows: VOLUME LXXIII MAY 28, 2008 359 “I. Awning Graphic: An awning graphic shall be considered a wall graphic. A maximum of one graphic per awning shall be allowed on each vertical awning surface. Awning graphics shall be limited to awnings on windows and doors of businesses located on the ground floor of a building. Awning graphics shall be located entirely within the vertical marquee surface. The surface area of an awning graphic shall not exceed twenty-five percent (25%) of the vertical surface of the plane of the awning on which it is located, and shall be deducted from the total allowable graphic surface area for wall graphics on each zoning l ot. An awning graphic shall be allowed only in the CF Community Facility District, the CC1 Center City District, CC2 Center City District, RB Residence Business District, NB Neighborhood Business District, AB Area Business District, ORI Office Research Industrial District, GI General Industrial District and CI Commercial Industrial District. ” Section 3. That Section 19.50.105 of the Elgin Municipal Code, 1976, as amended entitled "Areas of Special Character", be and is hereby further amended by amending subparagraph A thereof by adding the following additional provisions thereto: “2. The Randall Road/I-90 area consisting of the following properties: (a) Those portions of Randall Point Executive Center Subdivision and the Randall Point Executive Center II Subdivision, such property being legally described as follows: Parcel 1: Lots 1 through 7, inclusive, of the Randall Point Executive Center Subdivision, in the City of Elgin, Kane County, Illinois, according to the plat thereof recorded as document number 98K034512 in the office of the Recorder of Deeds of Kane County, Illinois; excluding, however, the following Lots (and portions of Lots) within said subdivision: That part of Lot 6 and Lot 7 of Randall Point Executive Center Subdivision, being a subdivision of part of the southwest ¼ of Section 29 and part of the northwest ¼ of Section 32, township 42 North, Range 8 East of the Third Principal Meridian, recorded as document no. 98K034512 in Kane County, Illinois, Described as follows: Beginning at the northwest corner of said Lot 6; Thence south 89 degrees 17 minutes 06 seconds east along the north line of said Lot 6, a distance of 214.98 feet to a line that is parallel with and 35.02 feet westerly of, as measured at right angles to, the east line of said Lot 6; thence south 00 degrees 56 minutes 00 seconds west along said parallel line, 375.66 feet; Thence north 89 degrees 03 minutes54 seconds west at right angles to the last described course, 313.51 feet to the southwesterly line of said Lot 7; Thence north 36 degrees 25 minutes 23 seconds west along said southwesterly line, 40.00 feet; Thence north 56 degrees 57 minutes 25 seconds east, 29.00 feet; Thence south 89 degrees 03 minutes 54 seconds east,79.16 feet to a line that is parallel with and 19.60 feet westerly of, as measured at right angles to, the west line of said Lot 6; Thence north 00 degrees 56 minutes 06 seconds east along said parallel line, at right angles to the last described course, 326.96 feet to the north line of said Lot 7; Thence MAY 28, 2008 VOLUME LXXIII 360 south 89 degrees 17 minutes 06 seconds east along said north line to the point of beginning; in the City of Elgin, Kane County, Illinois. Lot 7 of Randall Point executive Center Subdivision, being a subdivision of part of the southwest quarter of Section 29 and part of the northwest quarter of Section 32, Township 42 North, Range 8 East of the Third Principal Meridian ,recorded as document no. 98K034512, in Kane County, Illinois, except that part described as follows: beginning at the northeast corner of said Lot 7; thence south 00 degrees 56 minutes 06 seconds west along the east line of said Lot 7, a distance of 494.93 feet to the southeast corner of said Lot 7; Thence north 59 degrees 05 minutes 22 seconds west along the southwesterly line of said Lot 7, a distance of 14.45 feet to an angle point in said southwesterly line; thence north36 degrees 25 minutes 23 seconds west along said southwesterly line, 181.76 feet; Thence north 56 degrees 57 minutes 25 seconds east, 29.00 feet; Thence south 89degrees 03 minutes 54 seconds east, 79.16 feet to a line that is parallel with and 19.60 feet westerly of, as measured at right angles to the east line of said Lot 7; Thence north 00 degrees 56 minutes 06 seconds east along said parallel line, at right angles to the last described course, 326.96 feet to the north line of said Lot 7; Thence south 89 degrees 17 minutes 06 seconds east along said north line to the point of beginning, in the City of Elgin, Kane County, Illinois. Parcel 2: Lots 1 through 8, inclusive, of the Randall Point Executive Center II, in the City of Elgin, Kane County, Illinois, according to the plat thereof recorded as document number 1999K051203 in the office of the Recorder of Deeds of Kane County, Illinois; excluding, however, the following Lots (and portions of Lots) within said subdivision That part of Lot 5 and 6 in Randall Point Executive Center II, being a subdivision of that part of the northwest quarter of Section 32, Township 42 North, range 8 East of the Third Principal Meridian, according to the plat thereof recorded May 21, 1999 as document number 1999K051203, in the City of Elgin, Kane County Illinois, described as follows: Commencing at the northeast corner of said Lot 5; Thence south 01 degrees 51 minutes 04 seconds west along the east line thereof 261.17 feet to the point of beginning, thence continuing south 01 degree 51 minutes 04 seconds west along said east line 717.51 feet to the southeast corner of said Lot, thence north 58 degrees 15 minutes, 32 seconds west along the south line of said Lot and the south line of said Lot 6, a distance of 394.49 feet; Thence north 01 degrees 51 minutes 04 seconds east along a line 342.02 feet west of and parallel with the east line of said Lot 5, a distance of 622.91 feet thence south 51 degrees 32 minutes 41 seconds east 356.90 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. (b) The property commonly known as 1707 North Randall Road, such property being located at the southeast corner of Randall Road and I-90 and being legally described in the Planned Development Ordinance for such property under Ordinance No. G79-05. VOLUME LXXIII MAY 28, 2008 361 (c) The Randall Point West Subdivision, such property being legally described in the Planned Development Ordinance for such property under Ordinance No. G98-07. (d) The Grove Subdivision, such property being legally described in the Planned Development Ordinance for such property under Ordinance No. G76-04. (e) The Galvin Family Partnership LP property, commonly known as the southwest corner of Randall Road and Illinois Route 72 and being legally described as the 36.12 acres located in the north half of the east half of the southeast quarter of Section 19, Township 42 North, Range 8 East of the Third Principal Meridian, in Kane County, Illinois, currently identified with permanent index number 06-19-400-019. 3. The Route 19/East Chicago Street area defined as all zoning lots of four (4) acres or more, fronting on Route 19/EastChicago Street between Willard Avenue on the west and Shales Parkwa y on the east, and which such zoning lots are occupied by motor vehicle dealers. ” Section 4. That Section 19.50.110 of the Elgin Municipal Code, 1976, as amended, entitled "Prohibited" be and is hereby further amended by adding a new subparagraph S there to to read as follows: “S. Neon tube lighting or light-emitting diode (LED) lighting outlining or illuminating the features of a "building" [SR] or "structure" [SR] including, but not limited to, windows.” Section 5. That Section 19.50.120 of the Elgin Municipal Code, 1976, as amended, entitled "Exempt" be and is hereby further amended by amending subparagraph A6 thereof to read as follows: “6. Political campaign signs announcing candidates seeking public office, or public or political issues contained on a ballot and any information pertinent thereto. No campaign shall exceed thirty-two (32) square feet in surface area, or exceed ten (10) feet in height. A political campaign sign displayed more than sixty (60) days prior to an election or more than seven (7) days subsequent to an election shall be considered a non-commercial street graphic provided for in Section 19.50.120 A3 hereof and shall be subject to the number, surface area and location limitations and requirements as provided for in such section.” Section 6. That Section 19.50.120 of the Elgin Municipal Code, 1976, as amended, entitled "Exempt" be and is hereby further amended by amending subparagraph A thereof by adding a new subsection 10 thereto to read as follows: “10. Street graphics owned by a governmental unit and located in a public right-of-way”. MAY 28, 2008 VOLUME LXXIII 362 Section 7. That Section 19.50.170 of the Elgin Municipal Code, 1976, as amended, entitled “Enforcement” be and is hereby further amended to read as follows: “19.50.170: Violation and Enforcement. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter, including, but not limited to, any ordinance provisions providing for a program for graphics or any ordinance provisions providing special regulations for street graphics in an area of special character, shall be guilty of an offense. The Development Administrator is authorized and directed to enforce all of the provisions of this chapter.” Section 8. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. ___s/ Ed Schock _________ Ed Schock, Mayor Presented: May 28, 2008 Passed: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 29, 2008 Published: May 30, 2008 Attest: __s/ Diane Robertson _____ Diane Robertson, City Clerk ORDINANCE G26-08 PASSED GRANTING A CONDITIONAL USE FOR A DRINKING PLACE (51 SOUTH GROVE AVENUE) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII MAY 28, 2008 363 Ordinance No. G26-08 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A DRINKING PLACE (51 South Grove Avenue) WHEREAS, written application has been made for a conditional use for a drinking place in the CC1 Center City District at 51 South Grove Avenue; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. 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 April 16, 2008, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a drinking place in the CC1 Center City District at 51 South Grove Avenue and legally described as follows: The North 75 Feet of Lot 2 in Block 14 of J.T. Gifford’s Plat of East Elgin, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 51 South Grove Avenue) be and is hereby granted subject to the following conditions: 1. Substantial conformance to the petitioner’s Statement of Purpose and Conformance, prepared by Sean Davis, dated March 27, 2008; Application for Conditional Use, prepared by Sean Davis, dated March 25, 2008; and Mad Maggie’s Business Plan, prepared by Sean Davis, dated April 8, 2008. 2. Substantial conformance to the Site and Floor Plans (Sheets 1-5) prepared by Dahlquist and Lutzow Architects, Ltd. and dated March 27, 2008 with revisions, as required by the Community Development Group. 3. Substantial conformance to the Building Elevations (Sheets 1 & 2) prepared Dahlquist and Lutzow Architects, Ltd. and dated April 10, 2008 with revisions as required by the Community Development Group. 4. Petitioner will comply with the City of Elgin Zoning Ordinance, Chapter 19.50 Street Graphics for all building signage. MAY 28, 2008 VOLUME LXXIII 364 5. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Passed: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 29, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G27-08 PASSED GRANTING A MAP AMENDMENT FROM AB AREA BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (799 SUMMIT STREET) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G27-08 AN ORDINANCE GRANTING A MAP AMENDMENT FROM AB AREA BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (799 Summit Street) WHEREAS, written application has been made requesting a map amendment from AB Area Business District to PAB Planned Area Business District. 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 VOLUME LXXIII MAY 28, 2008 365 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 April 21, 2008, 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: The boundaries hereinafter laid out in the Zoning District Map, as amended, be and are hereby altered by including in the PAB Planned Residence Business District the following described property: That Part of the Southwest Quarter of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian Described as Follows: Beginning at a Point on the South Line of Said Southwest Quarter, Said Point Being 2327.35 Feet West of the Southeast Corner of Said Southwest Quarter; Thence North 00 Degrees 00 Minutes 00 Seconds East Along the East Line of Hiawatha Drive Extended Southerly and also Along Said East Line, a Distance of 434.09 Feet to the Southwest Corner of Lot 1 of W.R.M.N. Radio Park Subdivision, a Subdivision of Said Southwest Quarter; Thence South 89 Degrees 56 Minutes 23 Seconds East Along the South Line of Said Lot 1, a Distance of 150.07 Feet Measured (150.00 Feet Record) to the Southeast Corner Thereof; Thence North 00 Degrees 02 Minutes 53 Seconds East Along the East Line of Said Lot, a Distance of 150.00 Feet to the South line of State Route 58; Thence North 89 Degrees 59 Minutes 42 Seconds East, 336.41 Feet; Thence South 00 Degrees 16 Minutes 24 Seconds East, 556.48 Feet to the South Line of Said Southwest Quarter; Thence South 87 Degrees 57 Minutes 10 Seconds West Along Said South Line 489.62 Feet to the Point of Beginning, in Cook County, Illinois. Excepting Therefrom the Following Parcel: That Part of the Southwest Quarter of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian Described as Follows: Commencing at a Point on the South Line of Said Southwest Quarter That is 2327.35 Feet West of the Southeast Corner of Said Southwest Quarter; Thence North 00 Degrees 00 Minutes 00 Seconds East Along the East Line of Hiawatha Drive Extended Southerly and also Along Said East Line, a Distance of 434.09 Feet to the Southwest Corner of Lot 1 of W.R.M.N. Radio Park Subdivision, a Subdivision of Said Southwest Quarter; Thence South 89 Degrees 56 Minutes 23 Seconds East Along the South Line of Said Lot 1, a Distance of 150.07 Feet Measured (150.00 Feet Record) to the Southeast Corner Thereof for the Point of Beginning; Thence North 00 Degrees 02 Minutes 53 MAY 28, 2008 VOLUME LXXIII 366 Seconds East Along the East Line of Said Lot, a Distance of 150.00 Feet to the South Line of State Route 58; Thence North 89 Degrees 59 Minutes 42 Seconds East, 336.41 Feet; Thence South 00 Degrees 16 Minutes 24 Seconds East, 264.91 Feet to a Point 301.57 Feet North of the South Line of Said Southwest Quarter (as Measured Along the Last Described Line); Thence North 90 Degrees 00 Minutes 00 Seconds West, 214.97 Feet; Thence North 00 Degrees 00 Minutes 00 Seconds East, 28.64 Feet; Thence North 90 Degrees 00 Minutes 00seconds West, 122.90 Feet to the Southerly Extension of the West Line of Lot 1 Aforesaid; Thence North 00 Degrees 02 Minutes 53 Seconds East Along Said Line Extended 86.24 Feet to the Point of Beginning in Cook County, Illinois (Property Commonly Known as 799 Summit Street). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from AB Area Business District to PAB Planned Area Business District for the property commonly known as 799 Summit Street, and legally described above, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PAB zoning district is to provide a planned commercial environment, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PAB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB zoning district exclusive of rights -of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. VOLUME LXXIII MAY 28, 2008 367 F. Land Use. In this PAB zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The only permitted, conditional, and similar land uses allowed within this PAB zoning district shall be those permitted, conditional, and similar land uses listed in Chapter 19.35.430, AB Area Business District. G. Site Design. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. In this PAB District, the use and development of land and structures shall be subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Scott Deaton, dated April 9, 2008. 2. Substantial Conformance to the Development Plan, submitted by Scott Deaton, inclusive of the following plan sheets: a.) Natural Healing Hydrotherapy Center Site Plan prepared by Scheflow Engineers, dated last revised April 8, 2008; b.) Natural Healing Hydrotherapy Site Improvement Plan prepared by Scheflow Engineers, dated February 22, 2008, subject to revisions per the Community Development Group and Engineering Division; c.) Parking Count Exhibit, dated February 26, 2008; d.) Landscape Plan prepared by MEM, dated last revised March 24, 2008; e.) Building elevations for all sides of the proposed Canine Hydrotherapy Center prepared by Avid Architecture, dated last revised August 10, 2007; f.) Colored rendering of building elevations prepared by Avid Architecture, dated last revised August 10, 2007; g.) Floor plan for Canine Hydrotherapy Center, dated last revised August 10, 2007; h.) Retail and Stockroom Detail and General Listing of Products to be sold, dated February 26, 2008; i.) Refuse Collection Enclosure exhibit, dated February 26, 2008; and j.) Freestanding Monument Sign exhibit, dated April 8, 2008. 3. Submission of a signed access, shared parking, and maintenance agreement between Lot 1 and Lot 2 of the subject property to the Community Development Group prior to the issuance of building permits. 4. Construction of the refuse collection area must be of the same building materials and the same color as the principal building. 5. Conformance to all other applicable codes and ordinances. MAY 28, 2008 VOLUME LXXIII 368 H. Off-Street Parking. In this PAB District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the EMC, as amended. I. Off-Street Loading. In this PAB District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended. J. Signs. In this PAB District, signs shall be subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PAB District, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PAB zoning district authorize such an application. L. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. An application for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. M. Conditional Uses. In this PAB zoning district, 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 PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. N. Variations. In this PAB 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 PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be VOLUME LXXIII MAY 28, 2008 369 appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Q. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the contrary in this ordinance, the use and the development of the subject property in this PAB zoning district shall also be subject to the regulations of the ARC Arterial Road Corridor Overlay District. In the event of any conflict between the regulations in the ARC Arterial Road Corridor Overlay District and other provisions of this ordinance, the regulations of the ARC Arterial Road Corridor Overlay District shall control. 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: May 28, 2008 Passed: May 28, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: May 29, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G31-08 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (RANDALL COMMONS-900 SOUTH RANDALL ROAD) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G31-08 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (Randall Commons– 900 South Randall Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and MAY 28, 2008 VOLUME LXXIII 370 WHEREAS, written application has been made to classify said territory to a P AB Planned Area Business District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property: That part of the West half of the Northwest Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian, Described As Follows: Commencing at the Southeast corner of the West half of said Northwest Quarter; thence Westerly, along the South line of the West half of said Northwest Quarter, a distance of 412.50 feet thence Northerly, parallel with East line of the West half of said Northwest Quarter, a distance of 317.47 feet for the place of beginning; thence Easterly, along a line that forms an angle of 90 degrees 41 minutes to the right with the prolongation of the last described course, a distance of 412.53 feet to the East line of the West half of said Northwest quarter; thence Northerly, along said East line, a distance of 931.80 feet to the Southerly line of the Northerly 1423.15 feet of the Easterly 412.50 feet of the West half of the Northwest quarter of Section 28, aforesaid; thence Westerly, along said Southerly line, a distance of 412.50 feet to the Westerly line of said Easterly 412.50 feet; thence Southerly, along said Westerly line, a distance of 928.58 feet to the place of beginning, excepting there from the Southerly 210.36 feet (as measured along the east and west lines thereof), in Elgin Township, Kane County, Illinois (Property commonly known as 900 South Randall Road). Section 2. That the City Council of the City of Elgin hereby grants the PAB Planned Area Business District which shall be designed, developed, and operated subject to the following provisions: VOLUME LXXIII MAY 28, 2008 371 A. Purpose and Intent. The purpose and intent of this PAB zoning district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting populations, subject to the provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PAB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PAB zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PAB zoning district: Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the AB Area Business District: 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: MAY 28, 2008 VOLUME LXXIII 372 Advertising (731). Barbershops (724). Beauty shops (723). Commercial, economic, sociological and educational research (8732). Commercial, physical, and biological research (8731). Computer programming, data processing and other computer- related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Garment pressing, and agents for laundries and dry cleaners (7212). Home health care services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Miscellaneous personal services not elsewhere classified (7299). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Photofinishing laboratories (7384). Photographic studios, portrait (722). Professional sports operators and promoters (7941). Reupholstery and furniture repair (764). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Theatrical producers (792). Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair (763). 5. Retail Trade Division: Apparel and accessory stores (56). VOLUME LXXIII MAY 28, 2008 373 Automatic merchandising machine operators (5962). Building materials, hardware and garden supply (52). Carryout restaurants (5812). Catalog and mail-order houses (5961). Convenience food stores, operated on a twenty four (24) hour basis (5411). Direct selling establishments (5963). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). Tobacco stores (5993). 6. Agricultural Division: Dog grooming (0752). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). 8. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 9. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 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 antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47 of this Title (UNCL). Packing and crating (4783). MAY 28, 2008 VOLUME LXXIII 374 "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in the AB Area Business District: 1. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Services Division: Bowling centers (7933). "Car washes" [SR] (7542). Child daycare services (835). Coin-operated amusement establishments (7993). Dance halls (7911). Dance studios and schools (791). Discotheques (7911). "Home child daycare services" [SR] (8351). Membership organizations (86). Membership sports and recreation clubs (7997). Organization hotels and lodging houses, on membership basis (704). Other schools and educational services (829). Physical fitness facilities (7991). 4. Retail Trade Division: Drive-in restaurants (5812). "Motor vehicle service stations" [SR] (554). "Package liquor sales establishments" [SR] (5921). 5. Wholesale Trade Division: Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). 6. Transportation, Communication, and Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). VOLUME LXXIII MAY 28, 2008 375 Pipelines, except natural gas (461). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 7. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. 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] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.55 of this Title. G. Site Design. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. Prior to the development of the subject property the owner of the subject property shall be required to submit a development plan to the city for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. The development of land and structures shall also be in substantial conformance with the following: 1. Substantial conformance to the Petitioner’s Statement and Development Plans, submitted by PAR Development, Inc., subject to revisions recommended by the Community Development Group, Engineering Division, Fire Department, Legal Department, and Water Department, inclusive of: a. Plat of Annexation dated February 10, 2006, prepared by Haeger Engineering, Inc. b. Preliminary Plat of Subdivision for Randall Commons, prepared by Haeger Engineering, Inc., dated February 11, 2006, last revised MAY 28, 2008 VOLUME LXXIII 376 on March 7, 2007. c. 990 South Randall Road Plat of Easement for Ingress and Egress, prepared by Haeger Engineering, Inc., dated February 10, 2006 and last revised on January 8, 2007. d. Preliminary Site Improvement Plans for Randall Commons, prepared by Haeger Engineering, dated December 19, 2005 and last revised on March 8, 2007. e. Preliminary Landscape Plan, prepared by Williams Design Group, last revised on March 8, 2007. 2. In this PAB District, the minimum architectural standards shall be as follows: a. Building elevations shall include the following minimum architectural standards: i. All building facades shall contain architectural features such as columns, pilasters, stone water courses, offsets, cornices, capstones, parapets or alternating brick design. Rooftop mechanical units must be screened on all elevations using raised parapet walls or screening that are comprised of the materials of the elevations, and designed to be equal or greater in height than the tallest mechanical unit on the building. ii. The primary façade of retail buildings shall be designed as retail storefronts including but not limited to features such as storefront windows, bulkheads and transom windows. On side elevations that are readily visible from a public right-of-way, storefront windows shall be extended to the side elevations or parts thereof. iii. All sides of the building shall be properly landscaped with foundation plantings, landscaped islands within parking lots and perimeter landscaping around the lot. Landscaping shall comprise of trees and shrubs. Landscaping required to be used to screen the property from the neighboring properties should comprise of plant material that is designed to provide a continuous visual screen at maturity. iv. Windows and entry ways shall be emphasized by utilizing awnings or other dominant architectural features. These features should be further highlighted through the use of masonry windowsills and lintels and alternate brick design such as soldier courses. v. All refuse enclosures shall be constructed fully of masonry materials incorporating the principal building architectural elements and landscaping material. VOLUME LXXIII MAY 28, 2008 377 vi. Outdoor eating and drinking spaces shall be enclosed by a minimum of a three (3) foot wrought iron or aluminum open fencing or landscape screening. Solid masonry walls will also be permitted. The use of stone or masonry columns within the fence design is encouraged. b. Exterior building materials shall be limited to the following: i. High quality traditional building materials such as brick, natural stone, natural stucco/plaster, terra cotta, tile and glass. ii. Composite building materials such as cultured stone, cast stone, precast concrete panel systems designed to look like brick or stone, or imprinted with architectural features such as lintels, windowsills and cornices, and cement board siding and shingle. iii. Artificial building materials such as Exterior Insulation and finish Systems (EIFS, commonly referred to by its brand name “Dryvit”) and Architectural Metal shall be restricted to use in design accent features such as cornices, soffits and fascia, window trim and hood molding, corner boards, sign bands, and quoins. Such materials shall not be used in high traffic, or high abuse areas, so as to protect such materials from wear and tear and vandalism. 3. Prior to the development of any portion of the property in this PAB District, the owner and the developer of the subject property shall be required to submit a development plan to the city for a public hearing and city council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. 4. Conformance with all applicable codes and ordinances. H. Off-street Parking. In this PAB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PAB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PAB zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner MAY 28, 2008 VOLUME LXXIII 378 for a zoning lot without necessitating that all other property owners in this P AB zoning district authorize such an application. L. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. M. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. N. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. 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 PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. 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. R. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the contrary in this ordinance, the use and the development of the subject property in this PAB zoning district shall also be subject to the regulations of the ARC Arterial Road Corridor Overlay District. In the event of any conflict between the regulations in the ARC Arterial Road Corridor Overlay District and other provisions of this ordinance, the regulations of the ARC Arterial Road Corridor Overlay District shall control. VOLUME LXXIII MAY 28, 2008 379 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 Presented: May 28, 2008 Passed: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 29, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S7-08 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (RANDALL COMMONS- 900 SOUTH RANDALL ROAD) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. S7-08 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Randall Commons – 900 South Randall 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 MAY 28, 2008 VOLUME LXXIII 380 WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: That part of the West half of the Northwest Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of the West half of said Northwest Quarter; thence Westerly, along the South line of the West half of said Northwest Quarter, a distance of 412.50 feet thence Northerly, parallel with East line of the West half of said Northwest Quarter, a distance of 317.47 feet for the place of beginning; thence Easterly, along a line that forms an angle of 90 degrees 41 minutes to the right with the prolongation of the last described course, a distance of 412.53 feet to the East line of the West half of said Northwest quarter; thence Northerly, along said East line, a distance of 931.80 feet to the Southerly line of the Northerly 1423.15 feet of the Easterly 412.50 feet of the West half of the Northwest quarter of Section 28, aforesaid; thence Westerly, along said Southerly line, a distance of 412.50 feet to the Westerly line of said Easterly 412.50 feet; thence Southerly, along said Westerly line, a distance of 928.58 feet to the place of beginning, excepting there from the Southerly 210.36 feet (as measured along the east and west lines thereof), in Elgin Township, Kane County, Illinois (Property commonly known as 900 South Randall Road). Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIII MAY 28, 2008 381 Presented: May 28, 2008 Passed: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 29, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T22-08 PASSED PROVIDING FOR A SENIOR CITIZEN PROPERTY TAX PROGRAM FOR THE 2007 TAX YEAR Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. T22-08 AN ORDINANCE PROVIDING FOR A SENIOR CITIZEN PROPERTY TAX PROGRAM FOR THE 2007 TAX YEAR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established a $200.00 senior citizen property tax refund of the 2007 real property taxes levied by and collected for the City of Elgin. Section 2. That to qualify for the $200.00 senior citizen property tax refund the owner(s) of the subject property must have qualified and obtained for the 2007 tax year the Senior Citizens Homestead Exemption in accordance with 35 ILCS 200/15-170, as amended. Section 3. That senior citizens qualified to receive the $200.00 tax refund shall be identified through county property tax records for the 2007 tax year. The Fiscal Services Group Director is directed to work with the appropriate county officials to determine the most expeditious method for processing the property tax refund to the qualified senior citizens. The refund shall be mailed to the address of the residence which has qualified for the senior citizens homestead exemption except where a different mailing address has been provided to the Fiscal Services Group Director in writing by a senior citizen qualifying for the property tax refund. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. MAY 28, 2008 VOLUME LXXIII 382 Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. __s/ Ed Schock _____ Ed Schock, Mayor Presented: May 28, 2008 Passed: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 29, 2008 Published: May 30, 2008 Attest: ___s/ Diane Robertson ____ Diane Robertson, City Clerk ORDINANCE T23-08 PASSED PROVIDING FOR A REFUND TO SENIOR CITIZENS OF MOBILE HOME LOCAL SERVICES TAXES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. T23-08 AN ORDINANCE PROVIDING FOR A REFUND TO SENIOR CITIZENS OF MOBILE HOME LOCAL SERVICES TAXES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established a refund to senior citizens of the mobile home local services tax of 2007 mobile home local services taxes levied and collected on mobile homes registered in the city of Elgin. The amount of such refund shall equal the 2007 mobile home local services taxes paid by qualified senior citizens up to a maximum refund amount of $35.00. Section 2. That to qualify for such senior citizen property tax refund the owner(s) of the subject mobile home must have qualified and obtained for the 2007 tax year the Senior Citizens Reduction of the Mobile Home Local Services Tax in accordance with 35 ILCS 515/7, as amended. VOLUME LXXIII MAY 28, 2008 383 Section 3. That senior citizens qualified to receive the mobile home local services tax refund shall be identified through county tax records for the 2007 tax year. The Fiscal Services Group Director is directed to work with the appropriate county officials to determine the most expeditious method for processing the property tax refund to the qualified senior citizens. The refund shall be mailed to the address provided on the application for reduction of mobile home local services taxes for the tax year in question except where a different address has been provided to the Fiscal Services Group Director in writing by the senior citizen qualifying for such senior citizens mobile home local services tax refund. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. _s/ Ed Schock ______ Ed Schock, Mayor Presented: May 28, 2008 Passed: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: May 29, 2008 Published: May 30, 2008 Attest: _s/ Diane Robertson ________ Diane Robertson, City Clerk RESOLUTION 08-126 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ARTSPACE PROJECTS, INC. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-126 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ARTSPACE PROJECTS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that MAY 28, 2008 VOLUME LXXIII 384 an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Artspace Projects, Inc. for a comprehensive marketing study of area artists, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-127 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH PIARE RAJU, SUKHJI RAJU, NARENDER RAJU, AURELIO LLANTE AND YOLANDA LLANTE FOR THE PURCHASE OF A PORTION OF 368 DUNDEE AVENUE AND 309 CHERRY STREET Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-127 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PIARE RAJU, SUKHJI RAJU, NARENDER RAJU, AURELIO LLANTE AND YOLANDA LLANTE FOR THE PURCHASE OF A PORTION OF 368 DUNDEE AVENUE AND 309 CHERRY STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and VOLUME LXXIII MAY 28, 2008 385 BE IT FURTHER RESOLVED that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Piare Raju, Sukhji Raju, Narender Raju, Aurelio Llante and Yolanda Llante for the purchase of a portion of 368 Dundee Avenue and 309 Cherry Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-128 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CIVIL ENGINEERING SERVICES FOR THE 2008 NEIGHBORHOOD RESURFACING PROJECT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-128 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CIVIL ENGINEERING SERVICES FOR THE 2008 NEIGHBORHOOD RESURFACING 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 Civil Engineering Services for the 2008 Neighborhood Resurfacing Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor MAY 28, 2008 VOLUME LXXIII 386 Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-129 ADOPTED AUTHORIZING EXECUTION OF A SUB- RECIPIENT AGREEMENT WITH THE HOUSING AUTHORITY OF ELGIN Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-129 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE HOUSING AUTHORITY OF ELGIN 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 the Housing Authority of Elgin for assisting in the development or operation of housing for lower income families, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII MAY 28, 2008 387 RESOLUTION 08-130 ADOPTED AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR THE EAST ZONE BOOSTER PUMP STATION Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-130 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR THE EAST ZONE BOOSTER PUMP STATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Engineering Enterprises, Inc. for design and construction inspection services for the East Zone Booster Pump Station, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-131 ADOPTED APPROVING GRANT RECIPIENTS UNDER THE NEIGHBORHOOD IMPROVEMENT GRANT PROGRAM Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. MAY 28, 2008 VOLUME LXXIII 388 Resolution No. 08-131 RESOLUTION APPROVING GRANT RECIPIENTS UNDER THE NEIGHBORHOOD IMPROVEMENT GRANT PROGRAM WHEREAS, the Neighborhood Improvement Grant Program has been established to provide financial assistance and incentives for neighborhood groups and organizations in the development and implementation of projects benefitting their respective neighborhoods; and WHEREAS, in 2008 applications have been made by for five projects under the Neighborhood Improvement Grant Program; and WHEREAS, said applications have been reviewed and recipients selected by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that grant assistance be provided under the Neighborhood Improvement Grant Program to the following organizations: Organization Project Name/Description Project Cost Neighborhood Match Grant Request Elgin American Little League Concession Stand Project 66,250.00 54,700.00 11,550.00 South West Area Neighbors Image Improvement Campaign 65,824.80 50,824.80 15,000.00 Harvest Bible Chapel Zayre Park 30,242.00 15,242.00 15,000.00 Valley Creek HOA Replacement Solar Lights 3,355.00 2,355.00 1,000.00 City of Elgin Neighborhood Planning Handbook 6,000.00 0 6,000.00 TOTAL $171,671.80 $123,121.80 $48,550.00 BE IT FURTHER RESOLVED that the projects shall be in conformance with all applicable codes and ordinances. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIII MAY 28, 2008 389 Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-132 ADOPTED APPROVING FINAL PLAT OF RESUBDIVISION OF FOX RIVER BUSINESS CENTER SOUTH Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-132 RESOLUTION APPROVING FINAL PLAT OF RESUBDIVISION OF FOX RIVER BUSINESS CENTER SOUTH BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Haeger Engineering LLC dated January 3, 2008, and last revised April 7, 2008 for the Resubdivision of Fox River Business Center South. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk MAY 28, 2008 VOLUME LXXIII 390 RESOLUTION 08-133 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-133 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Craig Dresang be and is hereby appointed as a member of the Cultural Arts Commission, for a term to expire November 1, 2010. BE IT FURTHER RESOLVED that Rebecca Hunter be and is hereby appointed as a member of the Heritage Commission, for a term that expires May 1, 2009. BE IT FURTHER RESOLVED that Jeff Swoboda be and is hereby reappointed as a member of the Elgin Emergency Telephone System Board, for a term that expires May 1, 2011. BE IT FURTHER RESOLVED that Ina Dews be and is hereby reappointed as a member of the Human Relations Commission, for a term that expires May 1, 2011. BE IT FURTHER RESOLVED that Carl Missele be and is hereby reappointed as a member of the Parks and Recreation Board, for a term that expires May 1, 2011. BE IT FURTHER RESOLVED that Karen Sauter be and is hereby reappointed as a member of the Parks and Recreation Board, for a term to expire May 1, 2011. BE IT FURTHER RESOLVED that Robert O’Connor be and is hereby reappointed as a member of the Police Pension Board, for a term to expire May 1, 2010. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII MAY 28, 2008 391 RESOLUTION 08-134 ADOPTED AUTHORIZING EXECUTION OF A SIDE LETTER AGREEMENT BETWEEN THE CITY OF ELGIN AND THE POLICEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT #54 Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-134 RESOLUTION AUTHORIZING EXECUTION OF A SIDE LETTER AGREEMENT BETWEEN THE CITY OF ELGIN AND THE POLICEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT #54 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 a Side Letter Agreement between the City of Elgin and the Policemen’s Benevolent and Protective Association, Unit 54, providing for, among other matters, an extension of the term of the agreement through 2010, a salary increase for 2010, and an increase in the employees share of medical insurance premiums commencing in 2010, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-135 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (RANDALL COMMONS-900 SOUTH RANDALL ROAD) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. MAY 28, 2008 VOLUME LXXIII 392 Resolution No. 08-135 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Randall Commons-900 South Randall 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: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII MAY 28, 2008 393 RESOLUTION 08-136 ADOPTED APPROVING PRELIMINARY PLAT FOR RANDALL COMMONS SUBDIVISION (900 SOUTH RANDALL ROAD) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-136 RESOLUTION APPROVING PRELIMINARY PLAT FOR RANDALL COMMONS SUBDIVISION (900 South Randall Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Haeger Engineering, LLC for Randall Commons dated February 10, 2006, last revised March 8, 2007. 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: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-137 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH ELGIN COMMUNITY COLLEGE AND THE SIERRA RIDGE CONDOMINIUM ASSOCIATION REGARDING THE RELOCATION OF A DETENTION BASIN EASEMENT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. MAY 28, 2008 VOLUME LXXIII 394 Resolution No. 08-137 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH ELGIN COMMUNITY COLLEGE AND THE SIERRA RIDGE CONDOMINIUM ASSOCIATION REGARDING THE RELOCATION OF A DETENTION BASIN EASEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an easement agreement with Elgin Community College and the Sierra Ridge Condominium Association regarding the relocation of a detention basin easement, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-138 ADOPTED AUTHORIZING EXECUTION OF AN EVENT ASSISTANCE AGREEMENT WITH THE GROVE PROPERTY OWNERS ASSOCIATION, INC. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII MAY 28, 2008 395 Resolution No. 08-138 RESOLUTION AUTHORIZING EXECUTION OF AN EVENT ASSISTANCE AGREEMENT WITH THE GROVE PROPERTY OWNERS ASSOCIATION, INC. FOR THE FIRST ANNUAL GROVE FEST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an Event Assistance Agreement on behalf of the City of Elgin with The Grove Property Owners Association, Inc. for 1st Annual Grove Fest to be held June 14, 2008, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-139 ADOPTED AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH ROCK SOLID LLC, D/B/A PRAIRIE ROCK BREWING COMPANY Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-139 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH ROCK SOLID, LLC D/B/A PRAIRIE ROCK BREWING COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Special Event Co-Sponsorship Agreement on behalf of the City of Elgin MAY 28, 2008 VOLUME LXXIII 396 with the Rock Solid, LLC d/b/a Prairie Rock Brewing Company for a brew fest to be held June 13 and 14, 2008, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 28, 2008 Adopted: May 28, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Emergency Telephone System Board Meeting Minutes for March 20, 2008 and April 17, 2008 Heritage Commission Design Review Subcommittee Meeting Minutes for April 22, 2008 Liquor Control Commission Special Meeting Minutes for April 2, 2008, April 9, 2008, and April 30, 2008 Retiree Health Insurance Trust Fund Board Meeting Minutes for December 18, 2007 Committee of the Whole Special Meeting Minutes for April 23, 2008 Committee of the Whole Minutes for April 23, 2008 City Council Minutes for April 23, 2008 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. VOLUME LXXIII MAY 28, 2008 397 ADJOURNMENT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 7:20 p.m. s/ Diane Robertson June 11, 2008 Diane Robertson, City Clerk Date Approved