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476
JULY 9, 2008 VOLUME LXXIII
COUNCIL OF THE CITY OF ELGIN, ILLINOIS
COUNCIL-MANAGER FORM OF GOVERNMENT
REGULAR MEETING
The regular meeting of the Council of the City of Elgin, Illinois, was held on July 9, 2008, in the
Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The
Invocation was given by Pastor Willie Tate from the Progressive Baptist Church and the Pledge
of Allegiance was led by City Manager Olufemi Folarin.
ROLL CALL
Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen,
Walters and Mayor Schock. Absent: None.
MINUTES OF THE JUNE 25, 2008, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the
June 25, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock.
Nays: None.
COMMUNICATIONS
All-American Girls Professional Baseball League Day Proclamation
A proclamation was read recognizing the All-American Girls Professional Baseball League. The
proclamation was accepted by Kyle Bault on behalf of the Bandits. Mr. Bault announced that the
Elgin Sports Hall of Fame will be recognizing the AAGPL and players at the next Bandits game.
Support of the City of Chicago‟s Bid for the 2016 Olympic and Paralympic Games Proclamation
Mayor Schock read a proposed resolution supporting the City of Chicago‟s bid for the 2016
Olympic and Paralympic Games. Councilmember Kaptain made a motion, seconded by
Councilmember Gilliam, to approve a resolution supporting the City of Chicago‟s bid for the
2016 Olympic and Paralympic Games as they compete for this privilege. Upon a roll call vote:
Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor
Schock. Nays: None.
VOLUME LXXIII JULY 9, 2008
477
Water Department Presentation
Kyla Jacobson, Water Department Superintendent, introduced Eric Kresery who won first place
in a national competition for water meter assembly.
Puma Soccer Team Recognition
Coach Aurillio Castillo, Assistant Coach Thomas Cahue, and the Puma Soccer team were
recognized for being the 2008 State Champions and the 2008 U.S. Regional Champions. The
team members were then individually introduced.
Police Activity in the Near Northwest Neighborhood Area
Chief Womack gave a presentation on the concerns raised by residents in the Near Northwest
Neighborhood area regarding crime in their area. She explained that the current R.O.P.E. officer
was recently deployed to Iraq and his return is not expected until February, 2009. His wife still
lives in the house. The chief reported that the crime statistics for that area show an eleven
percent decrease in comparison to those of the previous year. She indicated that significant steps
are being taken and that these include both covert and overt operations. Prostitution is being
targeted and directed patrols have been assigned to the area. Plans also include drug, gang, and
parole sweeps and working closer with the Larkin Home. She indicated that not only is
enforcement being stepped up, but more interaction with the neighborhood including a safety
social on July 12th and National Night Out in August.
Councilmember Figueroa wondered if the reduced crime numbers had been provided to the
neighborhood organization. Chief Womack said if they had not, she would make sure they were
communicated. Councilmember Figueroa wondered if the Chief had been attending the various
neighborhood meetings. Chief Womack said she would be happy to attend any meeting and also
invited any resident to attend her monthly Chief‟s meeting on the fourth Monday of each month.
Chief Womack mentioned that at this time, this area has had more deployment than any other
area.
Councilmember Gilliam asked about the possibility of using cameras in the area. The Chief said
a determination would have to be made as to what was the appropriate number of cameras and
where they should be placed. The Police Department is currently looking at the various types of
technology again to determine the appropriate type.
Councilmember Kaptain stated that he felt there was currently a communication problem
between the residents of the neighborhood and the Police Department. He would like telephone
numbers provided to the residents. Chief Womack urged the residents to call 911 or the
department‟s non-emergency number. She said she will make sure that the communication
issues are resolved.
JULY 9, 2008 VOLUME LXXIII
478
RECOGNIZE PERSONS PRESENT
Gary Joy expressed his concerns about the crime activity in the Near West Neighborhood and
stated the neighborhood residents were willing to get involved to assist the police.
Kyle Bault expressed the appreciation of the 4th of July Committee to those that came out to
watch, those that participated, and to City staff. He also thanked everyone for their involvement
in the Little League organization, City staff, and especially Joe Solis for all the hours he has
volunteered. The Mayor thanked Mr. Bault and the entire 4th of July Committee for their efforts
in providing a successful event.
Chuck Keyser expressed his concerns about prostitution activity in the Near West Neighborhood.
He requested that the R.O.P.E. house be moved closer to the area where criminal activity is
happening, an interim ROPE officer be appointed, and publish the names and pictures of known
prostitutes and johns.
Chris Tsonis expressed his concerns about drug and prostitution activity in the Near West
Neighborhood.
Mark Minter introduced himself as a property manager on North Crystal and requested that
police patrol the back part of his parking lot during the night. He said crime activity is
happening in his area also.
Matt Szymonik expressed his concerns about criminal activities in the Near Northwest
Neighborhood and told about criminal activity that has taken place on or adjacent to his property.
He stated that the residents are willing to do their part and that the residents of the city are as
important as the downtown and Randall Road.
Judy Robnett expressed her concerns about crime in her neighborhood. She stated the City
should work with the residents and to think outside of the box when trying to come up with
solutions.
Tim Bates expressed his concerns about crime in his neighborhood and stated he has witnessed
crime activity on numerous occasions. He would like a R.O.P.E. officer who will take charge of
the area. Crime is getting worse in the neighborhood.
Cindee Bates expressed her concerns about crime in her neighborhood and would like the
R.O.P.E. house relocated to the area where crime is more prevalent. She feels the positives of
Elgin are being outweighed by the negatives.
Don Sleeman expressed his concerns about crime and feels that the City Council and the Police
Department need to be responsive and continue to make the effort for improvement.
Holly Wiedmeyer stated she lives in the Lord‟s Park area. She said she was working in the Near
Northwest area and that she was approached by men who assumed she was a prostitute.
VOLUME LXXIII JULY 9, 2008
479
Albert Guevara stated he was representing other residents in the neighborhood and he expressed
their concerns about crime in the neighborhood.
BID 08-048 AWARDED TO CENTRAL SALT COMPANY FOR PURCHASE OF 10,000
TONS OF SODIUM CHLORIDE (ROAD SALT) TO SUPPLEMENT THE NORMAL
SUPPLY PURCHASED THROUGH THE ILLINOIS DEPARTMENT OF CENTRAL
MANAGEMENT SERVICES
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve a
purchase agreement with Central Salt Company in the amount of $607,700 for the purchase of
10,000 tons of sodium chloride (road salt) to supplement the normal supply purchased through
the Illinois Department of Central Management Services. Upon a roll call vote: Yeas:
Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock.
Nays: None.
BID 08-049 AWARDED TO CHICAGO INTERNATIONAL TRUCKS FOR THE
PURCHASE OF TWO TANDEM AXLE FRONT DISCHARGE SPREADER PLOW
TRUCKS
Councilmember Kaptain made a motion, seconded by Councilmember Powers, to approve a
contract with Chicago International Trucks in the amount of $334,000 for the purchase of two
tandem axle front discharge spreader plow trucks. Upon a roll call vote: Yeas: Councilmembers
Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
PETITION 29-08 APPROVED REQUESTING FINAL PLAT APPROVAL FOR
ENGELMANN’S RESUBDIVISION OF LOTS 1 AND 2 IN ENGELMANN’S
FLOWERWOOD ADDITION, AND LOTS 3, 4, AND 5 IN THE FINAL PLAT OF
ENGELMANN’S FIRST ADDITION TO FLOWERWOOD; PROPERTY LOCATED AT
922–950 EAST CHICAGO STREET BY ANTON ENGELMANN, AS APPLICANT AND
OWNER
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve
Petition 29-08 subject to conditions.
The petition was presented by Matt Fitzgibbons. He stated that the applicant wishes to realign
several of the lot lines. He said the Planning & Development Commission unanimously
recommended approval.
Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen,
Walters, and Mayor Schock. Nays: None.
JULY 9, 2008 VOLUME LXXIII
480
PUBLIC HEARING REQUESTING TO RENAME A SECTION OF SPARTAN DRIVE
FROM COLLEGE GREEN DRIVE TO SPARTAN GREEN DRIVE AS DUFFY DRIVE
Mayor Schock declared the public hearing open.
Dr. David Sam, President of Elgin Community College, stated that Mr. Duffy is the second
longest serving trustee in Illinois and he has contributed to the development of the college.
There being no further comments, Mayor Schock declared the public hearing closed.
PUBLIC HEARING DATE SET FOR AUGUST 13, 2008, TO CONSIDER THE
ESTABLISHMENT OF “BACK-UP” SPECIAL SERVICE AREAS FOR
STORMWATER MANAGEMENT FACILITIES IN MADISON HOMES AND
MACKENZIE WOODS SUBDIVISIONS
Matt Fitzgibbons reviewed the request and requested August 13, 2008, as the hearing date.
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to set the public
hearing date for August 13, 2008, to consider the establishment of “back-up” special service
areas for stormwater management facilities in Madison Homes and Mackenzie Woods
Subdivisions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
ORDINANCE T24-08 PASSED PROPOSING THE ESTABLISHMENT OF THE
MADISON HOMES SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF
ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER
RELATED PROCEDURES
Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. T24-08
AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF THE
MADISON HOMES SUBDIVISION
SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS
AND PROVIDING FOR A PUBLIC HEARING
AND OTHER RELATED PROCEDURES
WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the
1970 Constitution of the State of Illinois; and
VOLUME LXXIII JULY 9, 2008
481
WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of
Illinois, a home rule unit may exercise any power and perform any function pertaining to its
government and affairs for the protection for the public health, safety, morals and welfare; and
WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of
the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS
200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and
WHEREAS, it is in the public interest that the area legally described in Exhibit A to this
resolution be established as the Madison Homes Subdivision Special Service Area of the City of
Elgin for the purposes described in this resolution (the “Special Service Area”); and
WHEREAS, the approximate location of the proposed Special Service Area is
2250 Highland Avenue in the City of Elgin, Kane County, Illinois. An accurate map depicting
the location of the proposed Special Service Area is attached to and incorporated by reference
into this resolution as Exhibit B.
WHEREAS, the Special Service Area is compact and contiguous and entirely located
within the boundaries of the City; and
WHEREAS, the Special Service Area will benefit specially from the municipal services
to be provided by the City and that said municipal services are unique and in addition to
municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best
interests of the Special Service Area and the City of Elgin as whole that special taxes be levied
against the Special Service Area for the services to be provided be considered at a public
hearing.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin,
Illinois as follows:
Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby
incorporated into this text as if set out herein in full.
Section 2. That a public hearing shall be held by the City Council of the City of Elgin on
August 13, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter
Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of
territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both
exhibits being attached to and incorporated by reference into this resolution.
At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax
levy for the Special Service Area is in an amount not to exceed an annual rate of 0.762 of the
equalized assessed value of the property within the proposed Special Service Area and t he tax
will be levied for an indefinite period of time from and after the date of the ordinance
establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted
by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1
et seq). The tax levies are intended to produce approximately $13,200.00 annually for the cost of
JULY 9, 2008 VOLUME LXXIII
482
the services described above. The City of Elgin, however, may annually levy up to the maximum
rate specified in the ordinance establishing the Special Service Area for the cost of the services
described above as said services become necessary and are provided by the City of Elgin.
Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special
Service Area shall remain abeyant and shall take effect only in the event the homeowners‟ or
other property owner association responsible for the property within the proposed Special
Service Area fails to maintain, repair, replace or pay for the improvements described above
and/or any related costs for those improvements, so as to require the City of Elgin to assume
those responsibilities.
Notice of the public hearing shall be published at least once not less than fifteen (15) days prior
to the public hearing in the Courier News, a newspaper of general circulation in the City of
Elgin. Additionally, notice of the public hearing by mail shall be provided with the public
hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the tim e set
for the public hearing. The notice of public hearing shall be addressed to the person or persons in
whose name the general taxes for the last preceding year were paid on each lot, block, tract or
parcel of land lying within the Special Service Area, and in the event taxes for the last preceding
year were not paid, the notice of the Hearing was sent to the person or persons last listed on the
tax rolls prior to that year as the owner or owners of said property.
The notice of the public hearing shall substantially be in the following form:
NOTICE OF HEARING
CITY OF ELGIN
MADISON HOMES PROPERTY SUBDIVISION
SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on August 13, 2008, at 7:00 p.m. in
the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a
hearing will be held by the City Council of the City of Elgin to consider the
establishment of a Special Service Area consisting of territory legally described in
Exhibit A which is attached to and incorporated by reference into this notice.
The approximate location of the proposed Special Service Area is 2250
Highland Avenue in the City of Elgin, Kane County, Illinois. An accurate map
depicting the location of the proposed Special Service Area is attached to and
incorporated by reference into this notice as Exhibit B.
All interested persons affected by the proposed establishment of the
Special Service Area will be provided with an opportunity to be heard on that
issue and may object to the establishment of the Special Service Area and the tax
levy affecting that Special Service Area.
VOLUME LXXIII JULY 9, 2008
483
The purpose for establishing the Special Service Area is to provide
services including the operation, maintenance, repair, rehabilitation, replacement
and reconstruction of any site runoff storage area, drainage way, ditch, swale,
storm sewer, or other stormwater facility; costs of design, engineering and other
consulting services, surveying and permits, public liability insurance, and all
administrative, legal and other costs or expenses incurred in connection therewith
and with the administration of the Special Service Area, including the repayment
of any loan or debt incurred for the provision of such services. All the described
services described are unique and in addition to services generally provided by the
City of Elgin.
At the hearing, all persons affected will be provided with an opportunity to
be heard. At the hearing, a tax levy for the Special Service will be considered. The
proposed annual tax levy for the Special Service Area is in an amount not to
exceed an annual rate of 0.762 of the equalized assessed value of the property
within the proposed Special Service Area and the tax will be levied for an
indefinite period of time from and after the date of the ordinance establishing the
Special Service Area. These taxes shall be in addition to all other taxes permitted
by law and shall be levied pursuant to the provisions of the Property Tax Code
(35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately
$13,200.00 annually for the cost of the services described above. The City of
Elgin, however, may annually levy up to the maximum rate specified in the
ordinance establishing the Special Service Area for the cost of the services
described above as said services become necessary and are provided by the City
of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and
the proposed Special Service Area shall remain abeyant and shall take effect only
in the event the homeowners‟ or other property owner association responsible for
the property within the proposed Special Service Area fails to maintain, repair,
replace or pay for the improvements described above and/or any related costs for
those improvements, so as to require the City of Elgin to assume those
responsibilities. The hearing may be adjourned by the City Council of the City of
Elgin to another date without further notice other than a motion to be entered
upon the minutes of its meeting fixing the time and place of its adjournment.
If a petition objecting to the establishment of the proposed Special Service
Area, the tax levy, or the imposition of a tax for the provision of special services
to the proposed Special Service Area that has been signed by at least fifty-one
percent (51%) of the electors residing within the proposed Special Service Area,
and by at least fifty-one percent (51%) of the owners of record of the land
included within the boundaries of the proposed Special Service Area, is filed with
the City of Elgin City Clerk within sixty (60) days following the final
adjournment of the public hearing regarding the establishment of the proposed
Special Service Area, no such Special Service Area may be established nor any
tax levied or imposed.
JULY 9, 2008 VOLUME LXXIII
484
Dated this ______ day of _____________, 2008.
_________________________________
CITY CLERK
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 9, 2008
Passed: July 9, 2008
Vote: Yeas: 7 Nays: 0
Recorded: July 10, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE T25-08 PASSED PROPOSING THE ESTABLISHMENT OF THE
MACKENZIE WOODS SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF
ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER
RELATED PROCEDURES
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII JULY 9, 2008
485
Ordinance No. T25-08
AN ORDINANCE
PROPOSING THE ESTABLISHMENT OF THE
MACKENZIE WOODS SUBDIVISION
SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS
AND PROVIDING FOR A PUBLIC HEARING
AND OTHER RELATED PROCEDURES
WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the
1970 Constitution of the State of Illinois; and
WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of th e State of
Illinois, a home rule unit may exercise any power and perform any function pertaining to its
government and affairs for the protection for the public health, safety, morals and welfare; and
WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of
the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS
200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and
WHEREAS, it is in the public interest that the area legally described in Exhibit A to this
resolution be established as the MacKenzie Woods Subdivision Special Service Area of the City
of Elgin for the purposes described in this resolution (the “Special Service Area”); and
WHEREAS, the approximate location of the proposed Special Service Area is 1475
Summit Street in the City of Elgin, Kane County, Illinois. An accurate map depicting the
location of the proposed Special Service Area is attached to and incorporated by reference into
this resolution as Exhibit B.
WHEREAS, the Special Service Area is compact and contiguous and entirely l ocated
within the boundaries of the City; and
WHEREAS, the Special Service Area will benefit specially from the municipal services
to be provided by the City and that said municipal services are unique and in addition to
municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best
interests of the Special Service Area and the City of Elgin as whole that special taxes be levied
against the Special Service Area for the services to be provided be considered at a public
hearing.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin,
Illinois as follows:
Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby
incorporated into this text as if set out herein in full.
JULY 9, 2008 VOLUME LXXIII
486
Section 2. That a public hearing shall be held by the City Council of the City of Elgin on
August 13, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter
Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of
territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both
exhibits being attached to and incorporated by reference into this resolution.
At the hearing, a tax levy for the Special Service will be considered. The proposed a nnual tax
levy for the Special Service Area is in an amount not to exceed an annual rate of 0.783 of the
equalized assessed value of the property within the proposed Special Service Area and the tax
will be levied for an indefinite period of time from and after the date of the ordinance
establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted
by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1
et seq). The tax levies are intended to produce approximately $10,800.00 annually for the cost of
the services described above. The City of Elgin, however, may annually levy up to the maximum
rate specified in the ordinance establishing the Special Service Area for the cost of the services
described above as said services become necessary and are provided by the City of Elgin.
Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special
Service Area shall remain abeyant and shall take effect only in the event the homeowners‟ or
other property owner association responsible for the property within the proposed Special
Service Area fails to maintain, repair, replace or pay for the improvements described above
and/or any related costs for those improvements, so as to require the City of Elgin to assume
those responsibilities.
Notice of the public hearing shall be published at least once not less than fifteen (15) days prior
to the public hearing in the Courier News, a newspaper of general circulation in the City of
Elgin. Additionally, notice of the public hearing by mail shall be provided with the public
hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set
for the public hearing. The notice of public hearing shall be addressed to the person or persons in
whose name the general taxes for the last preceding year were paid on each lot, block, tract or
parcel of land lying within the Special Service Area, and in the event taxes for the last preceding
year were not paid, the notice of the Hearing was sent to the person or persons last listed on the
tax rolls prior to that year as the owner or owners of said property.
The notice of the public hearing shall substantially be in the following form:
NOTICE OF HEARING
CITY OF ELGIN
MACKENZIE WOODS SUBDIVISION
SPECIAL SERVICES AREA
NOTICE IS HEREBY GIVEN that on August 13, 2008, at 7:00 p.m. in
the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a
hearing will be held by the City Council of the City of Elgin to consider the
establishment of a Special Service Area consisting of territory legally described in
Exhibit A which is attached to and incorporated by reference into this notice.
VOLUME LXXIII JULY 9, 2008
487
The approximate location of the proposed Special Service Area is 1475
Summit Street in the City of Elgin, Kane County, Illinois. An accurate map
depicting the location of the proposed Special Service Area is attached to and
incorporated by reference into this notice as Exhibit B.
All interested persons affected by the proposed establishment of the
Special Service Area will be provided with an opportunity to be heard on that
issue and may object to the establishment of the Special Service Area and the tax
levy affecting that Special Service Area.
The purpose for establishing the Special Service Area is to provide
services including the operation, maintenance, repair, rehabilitation, replacement
and reconstruction of any site runoff storage area, drainage way, ditch, swale,
storm sewer, or other stormwater facility; costs of design, engineering and other
consulting services, surveying and permits, public liability insurance, and all
administrative, legal and other costs or expenses incurred in connection therewith
and with the administration of the Special Service Area, including the repayment
of any loan or debt incurred for the provision of such services. All the described
services described are unique and in addition to services generally provided by the
City of Elgin.
At the hearing, all persons affected will be provided with an opportunity to
be heard. At the hearing, a tax levy for the Special Service will be considered. The
proposed annual tax levy for the Special Service Area is in an amount not to
exceed an annual rate of 0.783 of the equalized assessed value of the property
within the proposed Special Service Area and the tax will be levied for an
indefinite period of time from and after the date of the ordinance establishing the
Special Service Area. These taxes shall be in addition to all other taxes permitted
by law and shall be levied pursuant to the provisions of the Property Tax Code
(35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately
$10,800.00 annually for the cost of the services described above. The City of
Elgin, however, may annually levy up to the maximum rate specified in the
ordinance establishing the Special Service Area for the cost of the services
described above as said services become necessary and are provided by the City
of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and
the proposed Special Service Area shall remain abeyant and shall take effect only
in the event the homeowners‟ or other property owner association responsible for
the property within the proposed Special Service Area fails to maintain, repair,
replace or pay for the improvements described above and/or any related costs for
those improvements, so as to require the City of Elgin to assume those
responsibilities. The hearing may be adjourned by the City Council of the City of
Elgin to another date without further notice other than a motion to be entered
upon the minutes of its meeting fixing the time and place of its adjournment.
JULY 9, 2008 VOLUME LXXIII
488
If a petition objecting to the establishment of the proposed Special Service
Area, the tax levy, or the imposition of a tax for the provision of special services
to the proposed Special Service Area that has been signed by at least fifty-one
percent (51%) of the electors residing within the proposed Special Service Area,
and by at least fifty-one percent (51%) of the owners of record of the land
included within the boundaries of the proposed Special Service Area, is filed with
the City of Elgin City Clerk within sixty (60) days following the final
adjournment of the public hearing regarding the establishment of the proposed
Special Service Area, no such Special Service Area may be established nor any
tax levied or imposed.
Dated this ______ day of ____________, 2008.
_____________________________________
CITY CLERK
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 9, 2008
Passed: July 9, 2008
Vote: Yeas: 7 Nays: 0
Recorded: July 10, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS
Councilmember Walters made a motion, seconded by Councilmember Steffen, to authorize the
following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII JULY 9, 2008
489
PAYEE AMOUNT REASON
City of Elgin
Elgin, IL
$22,175.00 Training for fire fighters
Seyfarth Shaw
Chicago, IL
$12,857.36 Legal fees for the City
Dreisilker Electric Motors
Chicago, IL
$15,009.77 Pump repair at Wing Park Pool due to storm
damage on May 23, 2008
Badger Meter
Milwaukee, WI
$440,402.97 Meters throughout the City for the remainder
of 2008
Lundstrom Insurance Agency
Elgin, IL
$211,778.00 Insurance Premiums for the City
Elgin Police Department
Elgin, IL
$19,220.21 Salary Reimbursement from 1/108 through
3/31/08 for one employee
Illinois Environmental
Protection Agency
$20,000.00 Annual Storm Water Permit
Standard & Poor‟s
Chicago, IL
$11,500.00 Analytical services rendered in connection
with Kane & Cook County General
Obligation Corporate Purpose Bonds
CONSENT AGENDA
By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember
Figueroa, to pass Ordinance Nos. G48-08 through G50-08, and S10-08, and adopt Resolution
Nos. 08-162 through 08-171 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers
Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
RESOLUTION 08-162 ADOPTED APPROVING FINAL PLAT FOR DAYS INN
SUBDIVISION (1585 DUNDEE AVENUE)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
JULY 9, 2008 VOLUME LXXIII
490
Resolution No. 08-162
RESOLUTION
APPROVING FINAL PLAT FOR DAYS INN SUBDIVISION
(1585 Dundee Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves the final plat prepared by Land Divisions, Inc. dated February 14, 2008
for Days Inn Subdivision.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 9, 2008
Adopted: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-163 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR
TUSCAN WOODS UNIT 2
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-163
RESOLUTION
APPROVING FINAL PLAT OF SUBDIVISION FOR TUSCAN WOODS UNIT 2
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves the final plat of subdivision prepared by Cowhey Gudmundson and
Leder, Ltd. dated December 13, 2005 for Tuscan Woods Unit 2.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIII JULY 9, 2008
491
Presented: July 9, 2008
Adopted: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-164 ADOPTED ACCEPTING FOR OWNERSHIP AND
MAINTENANCE THE PUBLIC IMPROVEMENTS KNOWN AS THE OTTER CREEK
INTERCEPTOR SEWER AND WATER MAIN (PHASE 5A)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-164
RESOLUTION
ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC
IMPROVEMENTS KNOWN AS THE OTTER CREEK INTERCEPTOR SEWER
AND WATER MAIN
(PHASE 5A)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINO IS,
that the City of Elgin hereby accepts for ownership and maintenance the Otter Creek Interceptor
Sewer and Water Main, Phase 5A, which extends from the intersections of Gansett Drive and
Russell Road to the intersection of US 20 at Switzer Road, and i ncludes the addition of 12, 192
lineal feet of the 48 inch diameter sanitary sewer, 100 lineal feet of various diameter sanitary
sewer, 25 manholes, 8,219 lineal feet of 16, 20 and 24 inch diameter water main, 17 valves in
vaults and four fire hydrants to the city‟s inventory.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 9, 2008
Adopted: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
JULY 9, 2008 VOLUME LXXIII
492
RESOLUTION 08-165 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH STEVEN NEMEROVSKI AND LAWRENCE SUFFREDIN, JR.
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-165
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
STEVEN NEMEROVSKI AND LAWRENCE SUFFREDIN, JR.
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 Steven
Nemerovski and Lawrence Suffredin, Jr. for legislative representation, a copy of which is
attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 9, 2008
Adopted: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-166 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH THE ORDER SONS OF ITALY IN AMERICA FOR THE 2008 FOXFIREFEST
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-166
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ORDER SONS
OF ITALY IN AMERICA FOR THE 2008 FOXFIREFEST
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLIN OIS,
that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby
VOLUME LXXIII JULY 9, 2008
493
authorized and directed to execute an agreement on behalf of the City of Elgin with the Order
Sons of Italy in America for services as alcoholic liquor retailer for the 2008 FoxFireFest, a copy
of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 9, 2008
Adopted: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-167 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE
CONTRACT WITH THE KENNETH COMPANY FOR GRANT SCHOOL PARK
IMPROVEMENTS
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-167
RESOLUTION
APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH
THE KENNETH COMPANY FOR GRANT SCHOOL PARK IMPROVEMENTS
WHEREAS, the City of Elgin has heretofore entered into a contract with the Kenneth
Company for Grant School Park improvements; and
WHEREAS, it is necessary and desirable to modify the terms of the contract as is
described in Change Order No. 1, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and
directed to execute Change Order No. 1, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
JULY 9, 2008 VOLUME LXXIII
494
Presented: July 9, 2008
Adopted: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-168 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-168
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Jacqueline Scott be and is hereby appointed as a member of the Fire and Police Commission,
for a term to expire May 1, 2011.
BE IT FURTHER RESOLVED that John Wiedmeyer 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 Kristen Rowe be and is hereby appointed as a
member of the Human Relations Commission, for a term that expires May 1, 2009.
BE IT FURTHER RESOLVED that Christine Awe, Bennie Sowers, and Anna Moeller
be and are hereby reappointed as a members of the Planning and Development Commission,
each for a term that expires May 1, 2010.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIII JULY 9, 2008
495
Presented: July 9, 2008
Adopted: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-169 ADOPTED AUTHORIZING EXECUTION OF AN
ANNEXATION AGREEMENT (BURKE PROPERTY-1001 NESLER ROAD)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-169
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
(Burke Property-1001 Nesler 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:
JULY 9, 2008 VOLUME LXXIII
496
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: July 9, 2008
Adopted: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-170 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH SMITH GROUP JJR, L.L.C., D/B/A JJR, L.L.C. FOR CONSULTING SERVICES
REGARDING IMPROVEMENTS TO THE SPORTS COMPLEX
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-170
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
SMITH GROUP JJR, L.L.C., d/b/a JJR, L.L.C.
FOR CONSULTING SERVICES REGARDING IMPROVEMENTS
TO THE SPORTS COMPLEX
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 Smith Group
JJR, L.L.C. d/b/a/ JJR, L.L.C. for consulting services regarding improvements to the Elgin
Sports Complex, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXIII JULY 9, 2008
497
Presented: July 9, 2008
Adopted: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 08-171 ADOPTED AUTHORIZING EXECUTION OF A THIRD
AMENDMENT AGREEMENT WITH STANLEY CONSULTANTS, INC. FOR STREET
SIGN INVENTORY AND UPGRADE PROJECT
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Resolution No. 08-171
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT NO. 3 TO THE AGREEMENT
WITH STANLEY CONSULTANTS, INC.
FOR STREET SIGN INVENTORY AND UPGRADE 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 Amendment No. 3 to the agreement with Stanley Consultants,
Inc., for street sign inventory and upgrade project, a copy of which is attached hereto and made a
part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 9, 2008
Adopted: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
JULY 9, 2008 VOLUME LXXIII
498
ORDINANCE S10-08 PASSED DESIGNATING THE LAMMING HOUSE AT 324
FRANKLIN STREET AS A HISTORICAL LANDMARK
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. S10-08
AN ORDINANCE
DESIGNATING THE LAMMING HOUSE AT 324 FRANKLIN STREET
AS A HISTORICAL LANDMARK
WHEREAS, the Elgin Heritage Commission has conducted a public hearing and
determined that the Lamming House at 324 Franklin 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 Lamming House at 324 Franklin 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 Lamming House at 324
Franklin Street as a historical landmark.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that the Lamming House at 324 Franklin Street, located upon the
property legally described as follows:
Lot 8 of Phineas J. Kimball Addition to Elgin, Township 41 North, Range 8 East
of the Third Principal Meridian 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.
VOLUME LXXIII JULY 9, 2008
499
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
Presented: July 9, 2008
Passed: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 10, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G48-08 PASSED GRANTING A MAP AMENDMENT FROM NB
NEIGHBORHOOD BUSINESS DISTRICT TO RC2 RESIDENCE CONSERVATION
DISTRICT (808 DUNCAN AVENUE)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No.G48-08
AN ORDINANCE
GRANTING A MAP AMENDMENT FROM NB NEIGHBORHOOD BUSINESS DISTRICT
TO RC2 RESIDENCE CONSERVATION DISTRICT
(808 Duncan Avenue)
WHEREAS, written application has been made requesting a map amendment from NB
Neighborhood Business District to RC2 Residence Conservation District;
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 and concurs
with the findings and recommendations of the Planning and Development Commission.
JULY 9, 2008 VOLUME LXXIII
500
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,
dated June 2, 2008 made by 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 19.07, Section 19.07.600 entitled “Zoning District Map” of the
Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in theRC2
Residence Conservation District, the following described property:
“The boundaries herein before laid out in the „Zoning District Map‟, as
amended, be and are hereby altered by including in the RC2 Residence
Conservation District, the following described:”
Lot 17 in Block 8 in Grand View Addition to Elgin, in the City of Elgin, Kane
County, Illinois (Property commonly known as 808 Duncan Avenue).
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: July 9, 2008
Passed: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 10, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G49-08 PASSED AMENDING ORDINANCE G67-05 AND ORDINANCE
G110-06 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED
AREA BUSINESS DISTRICT (GOOD SHEPHERD EVANGELICAL LUTHERAN
CHURCH SUBDIVISION – 195 NESLER ROAD AND GOOD SHEPHERD CROSSING –
3145 AND 3151 ROUTE 20 AND 195 NESLER ROAD)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
VOLUME LXXIII JULY 9, 2008
501
Ordinance No. G49-08
AN ORDINANCE
AMENDING ORDINANCE G67-05 and ORDINANCE G110-06
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PAB PLANNED AREA BUSINESS DISTRICT
(Good Shepherd Evangelical Lutheran Church Subdivision – 195 Nesler Road and
Good Shepherd Crossing - 3145 and 3151 Route 20 and 195 Nesler Road )
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to amend Ordinance No. G67-05, entitled
“An Ordinance Classifying Newly Annexed Territory in the PAB Planned Area Business
District” and Ordinance No. G110-06, entitled “An Ordinance Classifying Newly Annexed
Territory in the PAB Planned Area Business District”; and
WHEREAS, written application has been made to classify said territory to a PAB
Planned Area Business District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
“The boundaries herein before laid out in the „Zoning District Map‟, as amended,
be and are hereby altered by including in the PAB Planned Area Business District,
the following described property:”
That part of Section 18, Township 41 north, Range 8 east of the Third Principal
Meridian described as follows: commencing at the intersection of the center line
of U.S. Route 20 as shown on Document 2007K088001 with the center line of
Nesler Road as dedicated by Document 1363891; thence S31°10‟27”"W along
said center line of Nesler Road, 412.52 feet; thence S59°54‟30”E, 40.60 feet for a
point of beginning; thence N34°10'56"E, 84.60 feet; thence N31°11'49"E, 268.19
feet; thence N70°30'46"E, 25.81 feet; thence S65°31'13"E, 524.38 feet; thence
S21°00'27"W, 301.62 feet; thence N65°20'54"W, 373.93 feet; thence
JULY 9, 2008 VOLUME LXXIII
502
S31°11'49"W, 90.18 feet; thence N59°54'30"W, 223.45 feet to the point of
beginning in the City of Elgin, Kane County, Illinois.
Section 2. That the development of this PAB Planned Area Business District as
described in Section 1 shall be developed subject to the following provisions:
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. Offices Division:
"Offices" [SR] (UNCL).
2. Finance, Insurance, and Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
VOLUME LXXIII JULY 9, 2008
503
3. Services Division:
Advertising (731).
Barbershops (724).
Beauty shops (723).
Coin-operated laundries and dry cleaning (7215).
Commercial, economic, sociological and educational research
(8732).
Commercial, physical, and biological research (8731).
Computer programming, data processing and other computer-
related services (737).
Computer rental and leasing (7377).
Consumer credit reporting agencies, mercantile reporting agencies,
and adjustment and collection agencies (732).
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management and related
services (87).
Garment pressing, and agents for laundries and dry cleaners
(7212).
Home health care services (808).
Job training and vocational rehabilitation services (833).
Legal services (811).
Libraries (823).
Mailing, reproduction, commercial art and photography, and
stenographic services (733).
Management and public relations services (874).
Medical and dental laboratories (807).
Miscellaneous personal services not elsewhere classified (7299).
News syndicates (7383).
Noncommercial research organizations (8733).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy (803).
Offices and clinics of other health practitioners (804).
Photofinishing laboratories (7384).
Photographic studios, portrait (722).
Professional sports operators and promoters (7941).
Security systems services (7382).
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Theatrical producers (792).
Videotape rental (784).
Vocational schools (824).
Watch, clock and jewelry repair (763).
4. Retail Trade Division:
Apparel and accessory stores (56).
JULY 9, 2008 VOLUME LXXIII
504
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).
5. Agricultural Division:
Dog grooming (0752).
Landscape counseling and planning (0781).
Veterinary services for household pets (0742).
6. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
7. Manufacturing Division:
Commercial printing occupying less than five thousand (5,000)
square feet of gross floor area (2752).
8. Transportation, Communication And Utilities Division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation (472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators' offices (414).
Cable and other pay television services (484).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Communication services not elsewhere classified (489).
Intercity and rural bus transportation operators' offices (413).
"Loading facilities" [SR], exclusively "accessory" [SR] to a use
allowed in the zoning district, subject to the provisions of Chapter
19.47 of this Title (UNCL).
Local and suburban passenger transportation operators' offices
(411).
Packing and crating (4783).
"Radio and television antennas" [SR] (UNCL).
VOLUME LXXIII JULY 9, 2008
505
Radio and television broadcasting stations (483).
Railroad operators' offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators' offices (415).
Taxicab operators' offices (412).
Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SR]
(UNCL).
9. Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the permitted uses allowed
in the AB Area Business District, subject to the provisions of
Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the permitted uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Drive-through facilities" [SR], subject to the provisions of
Chapter 19.45 of this Title.
"Fences and walls" [SR] (UNCL).
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in the AB Area Business District, subject to
the provisions of Chapter 19.45 of this Title.
"Refuse collection area" [SR].
"Graphics" [SR] (UNCL), subject to the provisions of Chapter
19.50 of this Title.
"Temporary uses" [SR] (UNCL).
Conditional Uses: The following enumerated land uses shall be the only
land uses allowed as a conditional use in the AB Area Business District:
1. Municipal Services Division:
"Municipal facilities" [SR] on a zoning lot [SR] containing less
than two (2) acres of land.
2. Public Administration Division:
Public administration (J) on a zoning lot containing less than two
(2) acres of land.
3. Services Division:
Bowling centers (7933).
Child daycare services (835).
Dance halls (7911).
"Home child daycare services" [SR] (8351).
Membership organizations (86).
Membership sports and recreation clubs (7997).
Other schools and educational services (829).
Physical fitness facilities (7991).
4. Retail Trade Division:
Drive-in restaurants (5812).
JULY 9, 2008 VOLUME LXXIII
506
"Package liquor sales establishments" [SR] (5921).
5. Transportation, Communication, and Utilities Division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted
on existing structures" [SR] (UNCL).
Courier services (4215).
Pipelines, except natural gas (461).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Railroad tracks (401).
"Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators"
[SR] (UNCL).
Water transportation (44).
6. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses
allowed in the AB Area Business District, subject to the provisions
of Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Parking structures" [SR] (UNCL), subject to the provisions of
Chapter 19.45 of this Title.
"Planned developments" [SR] (UNCL) on a zoning lot containing
less than two (2) acres of land, subject to the provisions of Chapter
19.55 of this Title.
G. Site Design. In this PAB District, the use and development of land and structures
shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning
Ordinance and Chapter 19.60, Planned Developments, of the Elgin Municipal Code,
1976, as amended, and as provided in this ordinance. In this PAB District, the use
and development of land and structures shall be subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and
Conformance, submitted by Tracy Kasson, dated April 18, 2008.
2. Substantial Conformance to the Development Plan for Good Shepherd
Crossing Retail Center, inclusive of the following plan sheets:
a. Site Plan prepared by Craig R. Knoche & Associates Civil
Engineers, P.C., dated last revised April 19, 2008;
b. Color-rendered Exterior Building Elevations Plan prepared by
Arcline Associates, dated last revised February 05, 2008;
c. Floor Plan prepared by Arcline Associates, dated last revised
January 7, 2008;
VOLUME LXXIII JULY 9, 2008
507
d. Color-rendered Landscaping Plan prepared by Arcline Associates,
dated last revised April 24, 2008, subject to revisions per the
Community Development Group; and
e. Monument Sign and Trash Enclosure Exhibit prepared by Arcline
Associates, dated last revised February 5, 2008, and Monument
Sign Exhibit prepared by Arcline Associates, dated last revised
April 27, 2008, subject to revisions per the Community
Development Group. The sign that is identified in the Monument
Sign and Trash Enclosure Exhibit will be placed along Nesler
Road and the sign that is identified in the Monument Sign Exhibit
will be placed along Route 20.
3. Submission of an access easement and parking lot easement to allow
shared access and parking lot interconnections between the subject
property and the properties to the east and west. Submission of a
landscape easement to allow required landscaping along the south lot
line of the property. Copies of these easement agreements must be
received by the Community Development Department 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.
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, Street Graphics of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PAB zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PAB
zoning district authorize such an application.
L. Planned Developments. In this PAB zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments of the Elgin Municipal Code, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
JULY 9, 2008 VOLUME LXXIII
508
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.
P. Buildings – Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin
Municipal Code, 1976, as amended.
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
VOLUME LXXIII JULY 9, 2008
509
Overlay District shall control.
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: July 9, 2008
Passed: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 10, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G50-08 PASSED AMENDING ORDINANCE G66-05 AND ORDINANCE
G111-06 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED
COMMUNITY FACILITY DISTRICT (GOOD SHEPHERD EVANGELICAL
LUTHERAN CHURCH SUBDIVISION – 195 NESLER ROAD AND GOOD SHEPHERD
CROSSING – 3145 AND 3151 ROUTE 20 AND 195 NESLER ROAD)
Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain,
Powers, Steffen, Walters, and Mayor Schock. Nays: None.
Ordinance No. G50-08
AN ORDINANCE
AMENDING ORDINANCE G66-05 and ORDINANCE G111-06
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
(Good Shepherd Evangelical Lutheran Church Subdivision – 195 Nesler Road and
Good Shepherd Crossing - 3145 and 3151 Route 20 and 195 Nesler Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to amend Ordinance No. G66-05, entitled
“An Ordinance Classifying Newly Annexed Territory in the PCF Planned Community Facility
District” and Ordinance No. G111-06, entitled “An Ordinance Classifying Newly Annexed
Territory in the PCF Planned Community Facility District”; and
JULY 9, 2008 VOLUME LXXIII
510
WHEREAS, written application has been made to classify said territory to a PCF 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 the same is hereby further amended by adding
thereto the following paragraph:
“The boundaries herein before laid out in the „Zoning District Map‟, as amended,
be and are hereby altered by including in the PCF Planned Community Facility
District, the following described property:”
That part of Sections 17 and 18, Township 41 north, Range 8 east of the Third
Principal Meridian described as follows: commencing at the intersection of the
center line of U.S. Route 20 as shown on Document 2007K088001 with the center
line of Nesler Road as dedicated by Document 1363891; thence S31°11‟49"W
along said center line of Nesler Road, 412.52 feet; thence S59°54‟30”E, 40.60
feet to the east line of said Nesler Road as shown on Document 2007K088001 for
a point of beginning; thence N59°54'30"W, 223.45 feet to a point on an east line
of lands described in Document 2007K019663; thence N31°11'49"E along said
east line, 90.18 feet to a south line of said lands described in Document
2007K019663; thence S65°20‟54”E along said south line of said lands described
in Document 2007K019663, 373.93 feet to a southeast corner thereof, thence
N21°00‟27”E along an east line of said lands described in Document
2007K019663, 35.89 feet to the southwest corner of lands described in Document
2007K037479; thence S68°00‟22”E along the south line of said lands described in
Document 2007K037479, 439.64 feet to the southeast corner thereof, being also a
point on the west line of Providence Unit One as platted by Document
2004K032369; thence S20°56‟16”W along said west line, 824.25 feet to the
southeast corner of lands described in Document 97K072775; thence
N65°27‟52”W along the south line of said lands described in Document
97K072775, 1184.93 feet to the east line of Nesler Road as dedicated by
Document 1363891; thence N31°11‟49"E along said east line of Nesler Road,
560.14 feet to the most southerly point of Nesler Road as shown on Document
2007K088001; thence N34°10‟56"E along the east line of Nesler Road as shown
VOLUME LXXIII JULY 9, 2008
511
on Document 2007K088001, 86.95 feet to the point of beginning in the City of
Elgin, Kane County, Illinois.
Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned
Community Facility District which shall be designed, developed, and operated subject to the
following provisions:
A. Purpose and Intent. The purpose and intent of this PCF zoning district is to
provide a planned environment for various types of community facilities, subject
to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal
Code, 1976, as amended. In general, community facilities provide governmental,
recreational, educational, health, social, religious, and transportation services to
the community on a for-profit or on a not-for-profit basis.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol “[SR]”, shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PCF zoning district, the use and development of land
and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of
the Annexation Agreement.
D. Zoning Districts - Generally. In this PCF zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PCF zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PCF zoning district exclusive of rights -of-way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
F. Land Use. In this PCF zoning district, the use of land and structures shall be in
accordance with the subject to the provisions of Chapter 19.10, Land Use of the
Elgin Municipal Code, 1976, as amended. The following enumerated “land uses”
[SR] shall be the only land uses allowed as a “permitted use” [SR] in this PCF
zoning district:
Permitted Uses. The following enumerated land uses shall be the only land uses
allowed as a permitted use in this PCF Community Facility District:
JULY 9, 2008 VOLUME LXXIII
512
Municipal Services Division.
1. "Municipal facilities" [SR] (UNCL).
2. "Public parks, recreation, open space" [SR] (UNCL).
Public Administration Division.
3. Public administration (J).
4. Justice, public order, and safety (92).
Finance, Insurance, and Real Estate Division.
5. "Development sales office" [SR] (UNCL).
Services Division.
9. Elementary and secondary schools (821).
10. Churches, covenants, monasteries, and temples (8661).
11. Other schools and educational services (829).
12. Museums, art galleries and botanical and zoological gardens (841).
15. Public Libraries (823).
16. Vocational Schools (824).
Construction Division.
17. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication and Utilities Division.
20. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
21. "Radio and television antennas" [SR] (UNCL).
22. "Satellite dish antennas" [SR] (UNCL).
23. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
25. "Fences and walls" [SR] (UNCL).
26. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject
to the provisions of Chapter 19.47, Off Street Loading.
27. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in this PCF zoning district, subject to the provisions of Chapter
19.45, Off Street Parking.
28. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in this PCF zoning district, subject to the provisions of Chapter
19.45, Off Street Parking.
29. "Refuse collection area" [SR].
30. "Storage Tanks" [SR] (UNCL).
31. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
32. "Temporary uses" [SR] (UNCL).
33. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
34. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF
Community Facility District, subject to the provisions of Section
19.10.400, Component Land Uses.
VOLUME LXXIII JULY 9, 2008
513
Conditional Uses. The following enumerated land uses shall be the only land
uses allowed as a conditional use in this PCF Community Facility District:
Services Division.
1. Arenas, sports fields, and stadiums (UNCL).
2. Child day care services (835).
3. "Institutional child day care services" [SR] (8351).
4. Job training and vocational rehabilitation service.
5. Social services not elsewhere classified (839).
6. Sporting and recreational camps (7032).
Mining Division.
10. "Temporary mining" [SR] (UNCL).
Transportation, Communication and Utilities Division.
12. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
13. "Conditional Commercial Antenna Tower" [SR] (UNCL).
14. Electric power generation (UNCL).
17. Local and suburban passenger transportation operators (411).
18. Local and suburban transit and interurban highway passenger
transportation facilities for passenger boarding (417).
20. "Other radio and television antennas" [SR] (UNCL).
22. "Other satellite dish antennas" [SR] (UNCL).
23. Pipelines, except natural gas (461).
27. Refuse systems (4953).
32. "Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators" [SR]
(UNCL).
Miscellaneous Uses Division.
36. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45,
Off-Street Parking.
37. "Parking structures" [SR] (UNCL).
38. "Planned developments" [SR] on a "zoning lot" [SR] containing less than
two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments.
40. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PCF Community Facility District, subject to the provisions of Section
19.12.500, Accessory Structures and Buildings.
41. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.10.400, Component Land Uses.
G. Site Design. In this PCF zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Sit e Design, of the
Elgin Zoning Ordinance.
JULY 9, 2008 VOLUME LXXIII
514
In this PCF district, the use and development of land and structures shall be
subject to the following conditions:
1. The rooftop mounted mechanical equipment shall be screened, with a
material approved by Community Development, by November 1, 2005 in
accordance with ordinance requirements.
2. The development of the commercial portion of the property and any
additional development of the church portion shall be subject to public
hearing and City Council approval of site and building elevations.
3. Cross easement agreements shall be provided for access to the Van
Poucke property to the east of the commercial portion of the subject
property and through the church parcel for access to Nesler Road.
4. Substantial conformance to the approved landscape plans prepared by
David F. Schultz Associates, Ltd. and dated September 9, 2003 by June
30, 2005.
5. All unpaved vehicle use areas shall either be removed or paved and striped
by December 31, 2005.
6. Dedication of a 60 foot half right of way on Nesler Road and State Route
20, and a 30 foot right of way on the southern border of the property.
7. Full compliance with parking lot requirements including, but not limited
to, landscaping, paving, striping, etc. The parking lot curbing at the front
of the existing building and along the north and west boundaries of the
existing parking lot shall be installed by December 31, 2005. Other
curbing for future parking lot expansions will be installed on all sides not
indicated as needed for expansion.
8. The entrances on to Nesler Road and State Route 20 shall be constructed
as approved by IDOT and the City of Elgin Engineering Department.
9. Substantial conformance to the site plan prepared by David F. Schultz
Associates, Ltd. and dated May 19, 2003.
10. Compliance with all applicable codes and ordinances.
VOLUME LXXIII JULY 9, 2008
515
In this PCF district, the following conditions shall apply to the site design
requirements of Good Shepherd Crossing subdivision:
1. Substantial conformance to the Site Plan prepared by Craig R. Knoche &
Associates Civil Engineers, P.C., dated last revised April 19, 2008.
2. A landscape easement shall be provided between the Good Shepherd
Lutheran Church property and the Rosati property to allow landscaping
along the south lot line of the Rosati property.
3. Compliance with all applicable codes and ordinances.
H. Off-street Parking. In this PCF zoning district, off street parking shall be subject
to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal
Code, 1976, as amended.
I. Off-street Loading. In this PCF zoning district, off-street loading shall be
subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PCF zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PCF zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PCF
zoning district authorize such an application.
L. Planned Developments. In this PCF zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments of the Elgin Municipal Code, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PCF
zoning district and without necessitating that all other property owners in this PCF
zoning district authorize such an application.
M. Conditional Uses. In this PCF zoning district, the use and development of the
land and structures shall be subject to the provisions of Chapter 19.65 Conditional
Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be
requested by an individual lot or property owner for a zoning lot without requiring
an amendment to this PCF zoning district and without necessitating that all other
property owners in this PCF zoning district authorize such an application.
JULY 9, 2008 VOLUME LXXIII
516
N. Variations. In this PCF zoning district, the use and development of the land and
structures shall be subject to the provisions of Chapter 19.70, Variations of the
Elgin Municipal Code, 1976, as amended. Any of the requirements of this
ordinance may be varied by petition of a lot or property owner for a zoning lot
without requiring an amendment to this PCF zoning district and without
necessitating that all other property owners in this PCF zoning district authorize
such an application.
O. Subdivisions – Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings – Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin
Municipal Code, 1976, as amended.
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 PCF 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 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
VOLUME LXXIII JULY 9, 2008
517
Presented: July 9, 2008
Passed: July 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 10, 2008
Published:
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa,
Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None.
State Income Tax for March 2008
Telecommunications Tax for March 2008
Emergency Telephone System Board of Elgin Meeting Minutes for May 15, 2008
Veterans Memorial Park Committee Meeting Minutes for May 21, 2008
Committee of the Whole Minutes for June 11, 2008
City Council Minutes for June 11, 2008
ANNOUNCEMENTS
Mayor Schock made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers,
Steffen, Walters, and Mayor Schock. Nays: None.
The meeting adjourned at 8:30 p.m.
s/Diane Robertson July 23, 2008
Diane Robertson, City Clerk Date Approved