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HomeMy WebLinkAboutn - July 23, 2008 CC 518 JULY 23, 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 23, 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 David Muro from the Apostolic Assembly and the Pledge of Allegiance was led by Mayor Edward Schock. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters and Mayor Schock. Absent: Councilmember Michael Powers. MINUTES OF THE JULY 9, 2008, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve the July 9, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Tanya Hudson, Downtown Neighborhood Association, reported on the results of the 4th of July Parade. She stated that spectators were estimated at 16,000 this year compared to 15,000 last year; total parade units last year were 120 compared to 150 this year; and that total participants this year were approximately 3,000 compared to 2,500 last year. She also reported that the City’s contribution was $26,000 and that DNA had only spent $23,500. The remaining $2,500 would be returned to the City. She stated that the volunteers had put in over 400 hours and then recognized all those committee members who were present. She then thanked City staff and the sponsors for all of their assistance. Edgar Ruble requested that Veterans Memorial Park be renamed in honor of Art Richoz. Tom Conroe reported on Unity Fest 2008. He thanked all those who helped and recognized all of the sponsors. Judith Kendal, owner of a restaurant at 219 Walnut Street, expressed her concerns about the lack of parking in front of her restaurant. Parking had been removed in order to accommodate the new bike lanes. David Lawry will speak with her further on this situation. VOLUME LXXIII JULY 23, 2008 519 Kevin Escheveria, the owner of a restaurant located at 780 Villa Street, stated that his business hosted a car and stereo show recently. He feels his show was targeted by the Police Department and those attending were victims of harassment and discrimination. He would like to see the sound amplification ordinance reviewed and would like a better measurement of sound. Robert Rosa of Rob Productions concurred with Mr. Escheveria’s comments. He said there had been no complaints, but that the police came four or five times. He wondered why the group was being harassed. Daniel Gavina stated he was a car stereo business owner and a car club member. He would like to see the sound ordinance revised and be enforced equally. Marcus Banner stated he did not attend the event, but his son has experienced discrimination by the police department while standing outside of his home and his nephew had been arrested for having a plastic BB gun and was charged with possession of a gun. He wants to help prevent harassment and discrimination by the police department. He would like to give a presentation to the Council. Shirley Sadjadi, representing S.O.A.P (Speak Out Against Prejudice) stated serious allegations have been made against the Elgin Police Department and that she would like to see that 1) all evidence is preserved, 2) interviews are conducted with the officers involved and results reported to the Council, and 3) “circling of the wagons” is avoided. Councilmember Gilliam stated he would meet with Mr. Banner and Ms. Sadjadi at a time to be determined. Steve Munson announced that Elgin Bike to Work week would be August 2 through August 8. He noted that there will be free bike parking at Fox Fire Fest, free use of the showers at The Centre, and a bike clinic at The Harvest Market. Chuck Keysor, on behalf of the Near West Neighborhood Association, thanked the City for the actions taken so far in their neighborhood. BID 08-021 AWARDED TO KOVATCH MOBILE EQUIPMENT FOR THE CONSTRUCTION AND PURCHASE OF THREE FIRE ENGINES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Kovatch Mobile Equipment for the construction and purchase of three fire engines in the amount of $1,279,407. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-050 AWARDED TO TEMCO MACHINERY, INC. FOR THE PURCHASE OF A 2008 MADVAC CN100 SIDEWALK SWEEPER Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract to Temco Machinery, Inc. in the amount of $85,900 for the purchase of a 2008 Madvac JULY 23, 2008 VOLUME LXXIII 520 CN100 sidewalk sweeper. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-053 AWARDED TO CORPORATE EXPRESS FOR THE PURCHASE OF COPIER PAPER Councilmember Figueroa made a motion, seconded by Councilmember Walters, to award a contract to Corporate Express in an estimated, not-to-exceed amount of $34,708 to supply the City with copier paper. Councilmember Steffen asked if the lowest bid was for recycled paper. Assistant Purchasing Director Daina Denye stated that it was. Councilmember Walters asked if the City uses only recycled paper and Ms. Denye stated that it did. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 84-06 TO REMAIN ON THE TABLE REQUESTING ANNEXATION, ZONING AND PRELIMINARY PLAT APPROVAL FOR A RESIDENTIAL SUBDIVISION; PROPERTY COMMONLY KNOWN AS 1901 VILLA STREET; BY RYLAND HOMES, AS APPLICANT AND VO-LAND, LLC, AS OWNER Community Development Director Deering stated that the applicant has requested that the item remain on the table until September 10, 2008. Councilmember Kaptain made a motion, seconded by Councilmember Walters, Petition 84-06 to remain on the table. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 85-06 TO REMAIN ON THE TABLE REQUESTING ANNEXATION, ZONING AND PRELIMINARY PLAT APPROVAL FOR A COMMERCIAL SUBDIVISION; PROPERTY COMMONLY KNOWN AS 1951 VILLA STREET; BY VO- LAND, LLC, AS APPLICANT AND OWNER Community Development Director Deering stated the applicant has requested that the item remain on the table until September 10, 2008. Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, Petition 84-06 to remain on the table. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII JULY 23, 2008 521 PETITION 15-08 APPROVED REQUESTING VARIOUS AMENDMENTS TO THE TEXT OF TITLE 19, ZONING, OF THE ELGIN MUNICIPAL CODE; BY THE CITY OF ELGIN, PERTAINING TO PARKING OF COMMERCIAL VEHICLES ON RESIDENTIAL ZONING LOTS AND RESIDENTIAL STREETS Community Development Director Deering stated these amendments would regulate parking on residential lots and streets. It would allow parking for vehicles with passenger plates and “B” truck plates. All others would be prohibited. Service vehicles would be allowed to park for servicing purposes, but they cannot block sidewalks. Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve Petition 15-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Mayor Schock thanked staff for their work on this project. PETITION 35-08 APPROVED REQUESTING A MAP AMENDMENT FROM CF COMMUNITY FACILITY DISTRICT TO RC3 RESIDENCE CONSERVATION DISTRICT AND REPEALING ORDINANCE NO. G66-95, PROPERTY LOCATED AT 300-302 DOUGLAS AVENUE; BY CAROL A. ANDERSON AND PAUL G. CAYEZ, AS APPLICANTS AND OWNERS Community Development Director Deering stated that this property is the location of the former Neighborhood Housing Services office. He said this amendment would allow the property to be reused as a 2-unit residential dwelling. He stated the Planning and Development Commission had recommended approval subject to two conditions. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 35-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 36-08 APPROVED REQUESTING A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT, PROPERTY LOCATED AT 1760 NORTH RANDALL ROAD BY BANGASH FAMILY LIMITED PARTNERSHIP, AN ILLINOIS LIMITED PARTNERSHIP, APPLICANT AND OWNER Community Development Director Deering stated this petition would allow for certain retail and service uses for a future building. The Planning and Development Commission has recommended approval subject to conditions. Councilmember Kaptain made a motion, seconded by Councilmember Walters, to approve Petition 36-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. JULY 23, 2008 VOLUME LXXIII 522 RESOLUTION 08-177 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR THE ELGIN CYCLING CLASSIC BIKE RACE Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Walters, and Mayor Schock. Nays: None. Councilmember Steffen abstained due to a conflict of interest. Resolution No. 08-177 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR THE ELGIN CYCLING CLASSIC BIKE RACE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Special Event Co-Sponsorship Agreement on behalf of the City of Elgin with the Downtown Neighborhood Association for the Elgin Cycling Classic Bike Race to be held on August 3, 2008, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 23, 2008 Adopted: July 23, 2008 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Walters, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Lightbox Inc. Gilberts, IL $11,318.50 Light pole banners throughout the City with Summer Theme VOLUME LXXIII JULY 23, 2008 523 Allied Asphalt Paving Company Hoffman Estates, IL $40,000 Asphalt mix for road repairs. CONSENT AGENDA By unanimous consent, Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. G51-08, S11-08, and T26-08 through T29-08 and adopt Resolution Nos. 08-172 through 08-180 (with the exception of 08-177 adopted previously) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 08-172 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALE CONTRACT FOR PROPERTY AT 4400 MCDONALD ROAD FOR FIRE STATION NO. 9 Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-172 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (4400 McDonald Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Residential Land Fund I, L.P., for the purchase of 4400 McDonald Road, Elgin, for $149,795.62, to be used for Fire Station No. 9, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 23, 2008 Adopted: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson JULY 23, 2008 VOLUME LXXIII 524 Diane Robertson, City Clerk RESOLUTION 08-173 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH PUBLIC ACTION TO DELIVER SHELTER (PADS) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-173 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH PUBLIC ACTION TO DELIVER SHELTER (PADS) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Public Action to Deliver Shelter (PADS) for financial assistance in providing overnight shelter and meals to the homeless, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 23, 2008 Adopted: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-174 ADOPTED CHANGING THE NAME OF A PORTION OF SPARTAN DRIVE TO DUFFY DRIVE Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-174 RESOLUTION CHANGING THE NAME OF A PORTION OF SPARTAN DRIVE TO DUFFY DRIVE AND CHANGING THE NAME OF SPARTAN GREEN DRIVE TO SPARTAN DRIVE VOLUME LXXIII JULY 23, 2008 525 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the a portion of the public street known as Spartan Drive from the northerly line of College Green Drive to the southerly line of Spartan Green Drive be and the same is hereby redesignated and renamed Duffy Drive. BE IT FURTHER RESOLVED that all city signs and maps shall be altered to read Duffy Drive at the aforesaid place. BE IT FURTHER RESOLVED that the public street known as Spartan Green Drive be and the same is hereby redesignated and renamed Spartan Drive. BE IT FURTHER RESOLVED that all city signs and maps be altered to read Spartan Drive at the aforesaid place. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to give written notice to the election authorities having jurisdiction in the areas in which the street names are hereby changed and to the post office branch serving those areas by certified or registered mail. BE IT FURTHER RESOLVED that the resolution shall be in effect thirty days after notice is given to the election authorities and the post office as provided herein. s/ Ed Schock Ed Schock, Mayor Presented: July 23, 2008 Adopted: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-175 ADOPTED AUTHORIZING EXECUTION OF A GRANT APPLICATION FROM THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR PARK IMPROVEMENTS AT ILLINOIS-HAMMOND PARK Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-175 JULY 23, 2008 VOLUME LXXIII 526 RESOLUTION AUTHORIZING EXECUTION OF A GRANT APPLICATION FROM THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR PARK IMPROVEMENTS AT ILLINOIS-HAMMOND PARK 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 grant application on behalf of the City of Elgin from the Illinois Department of Natural Resources for park improvements at Illinois-Hammond Park, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: July 23, 2008 Adopted: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-176 ADOPTED APPROVING FINAL PLAT 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 (922-950 EAST CHICAGO STREET) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-176 RESOLUTION APPROVING FINAL PLAT 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 (922 – 950 East Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Alan J. Coulson, P.C. dated May 1, 2008, for Engelmann’s Flowerwood Addition. VOLUME LXXIII JULY 23, 2008 527 s/ Ed Schock Ed Schock, Mayor Presented: July 23, 2008 Adopted: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T26-08 PASSED REPEALING THE FIRE LANE ESTABLISHED ON JEFFREY LANE PURSUANT TO ORDINANCE NO. G68-00 Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. T26-08 AN ORDINANCE REPEALING THE FIRE LANE ESTABLISHED ON JEFFREY LANE PURSUANT TO ORDINANCE NO. G68-00 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. G68-00, passed November 15, 2000, entitled “An Ordinance Amending Certain Parking Restrictions Within the City of Elgin (Jeffrey Lane)” be and is hereby repealed. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor JULY 23, 2008 VOLUME LXXIII 528 Presented: July 23, 2008 Passed: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 24, 2008 Published: July 25, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T27-08 PASSED AMENDING ORDINANCE NO. T24-05 TO CORRECT A SCRIVENER’S ERROR IN THE LEGAL DESCRIPTION SET FORTH THEREIN BEING AN ORDINANCE ESTABLISHING THE EDGEWATER SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #10) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COSTS OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. T27-08 AN ORDINANCE AMENDING ORDINANCE NO. T24-05 TO CORRECT A SCRIVENER’S ERROR IN THE LEGAL DESCRIPTION SET FORTH THEREIN BEING AN ORDINANCE ESTABLISHING THE EDGEWATER SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS, (#SSA 10) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COSTS OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA WHEREAS, on July 13, 2005, the City Council of the City of Elgin a dopted Ordinance No. T24-05 being an ordinance establishing the Edgewater Subdivision Special Service Area of Elgin, Illinois (#SSA 10) and providing for the levy of taxes for the purpose of paying the cost of providing special services in and for such area; and WHEREAS, Ordinance No. T24-05 was thereafter recorded with the Kane County Recorder on October 28, 2005 as Document NO. 2005K130899; and WHEREAS, it has been discovered that the legal description set forth in Ordinance T24- 05 in Exhibit A thereof contains a scrivener’s error; and WHEREAS, it was the intention of the City Council of the City of Elgin for the Special Service Area for the Edgewater Subdivision to follow the subdivision boundaries of the VOLUME LXXIII JULY 23, 2008 529 Edgewater Subdivision and it is necessary and desirable to amend Ordinance T24-05 to correct the scrivener’s error in the legal description in Exhibit A thereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. T24-05 establishing the Edgewater Subdivision Special Service Area of Elgin, Illinois, (#SSA 10) and providing for the levy of taxes for the purpose of paying the costs of providing special services in and for such area be and is hereby amended by amending and substituting the legal description set forth in Exhibit A thereto with the legal description as set forth in Exhibit A-1 attached hereto. Section 2. The City Clerk is hereby directed to file a certified copy of this ordinance, including its exhibits, in the Office of the Kane County Clerk and in the Office of the Kane County Recorder following its passage and approval. Section 3. That all ordinances or parts or ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. 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 23, 2008 Passed: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 24, 2008 Published: July 25, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T28-08 PASSED AMENDING ORDINANCE NO. T38-06 TO CORRECT A SCRIVENER’S ERROR IN THE LEGAL DESCRIPTION SET FORTH THEREIN BEING AN ORDINANCE ESTABLISHING THE HIGHLAND WOODS/FOY PROPERTY SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #18) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COSTS OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA JULY 23, 2008 VOLUME LXXIII 530 Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. T28-08 AN ORDINANCE AMENDING ORDINANCE NO. T38-06 TO CORRECT A SCRIVENER’S ERROR IN THE LEGAL DESCRIPTION SET FORTH THEREIN BEING AN ORDINANCE ESTABLISHING THE HIGHLAND WOODS/FOY PROPERTY SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS, (#SSA 18) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COSTS OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA WHEREAS, on October 25, 2006, the City Council of the City of Elgin adopted Ordinance No. T38-06 being an ordinance establishing the Highland Woods/Foy Property Subdivision Special Service Area of Elgin, Illinois (#SSA 18) and providing for the levy of taxes for the purpose of paying the cost of providing special services in and for such area; and WHEREAS, Ordinance No. T38-06 was thereafter recorded with the Kane County Recorder on December 28, 2006 as Document No. 2006K140483; and WHEREAS, it has been discovered that the legal description set forth in Ordinance T38- 06 in Exhibit A thereof contains a scrivener’s error; and WHEREAS, it was the intention of the City Council of the City of Elgin for the Special Service Area for the Highland Woods/Foy Property Subdivision to follow the subdivision boundaries of the Highland Woods/Foy Property Subdivision and it is necessary and desirable to amend Ordinance T38-06 to correct the scrivener’s error in the legal description in Exhibit A thereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. T38-06 establishing the Highland Woods/Foy Property Subdivision Special Service Area of Elgin, Illinois, (#SSA 18) and providing for the levy of taxes for the purpose of paying the costs of providing special services in and for such area be and is hereby amended by amending and substituting the legal description set forth in Exhibit A thereto with the legal description as set forth in Exhibit A-1 attached hereto. Section 2. The City Clerk is hereby directed to file a certified copy of this ordinance, including its exhibits, in the Office of the Kane County Clerk and in the Office of the Kane County Recorder following its passage and approval. Section 3. That all ordinances or parts or ordinances in conflict with the provisions of this ordinance be and are hereby repealed. VOLUME LXXIII JULY 23, 2008 531 Section 4. 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 23, 2008 Passed: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 24, 2008 Published: July 25, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T29-08 PASSED AMENDING ORDINANCE NO. T45-06 TO CORRECT A SCRIVENER’S ERROR IN THE LEGAL DESCRIPTION SET FORTH THEREIN BEING AN ORDINANCE ESTABLISHING THE WEST RIDGE COMMUNITY CHURCH SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #17) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COSTS OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. T29-08 AN ORDINANCE AMENDING ORDINANCE NO. T45-06 TO CORRECT A SCRIVENER’S ERROR IN THE LEGAL DESCRIPTION SET FORTH THEREIN BEING AN ORDINANCE ESTABLISHING THE WEST RIDGE COMMUNITY CHURCH SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS, (#SSA 17) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COSTS OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA WHEREAS, on November 8, 2006, the City Council of the City of Elgin adopted Ordinance No. T45-06 being an ordinance establishing the West Ridge Community Church Subdivision Special Service Area of Elgin, Illinois (#SSA 17) and providing for the levy of taxes for the purpose of paying the cost of providing special services in and for such area; and JULY 23, 2008 VOLUME LXXIII 532 WHEREAS, Ordinance No. T45-06 was thereafter recorded with the Kane County Recorder on November 21, 2006, as Document No. 2006K127344 and re-recorded on January 29 2007, as Document No. 2007K012458; and WHEREAS, it has been discovered that the legal description set forth in Ordinance T45- 06 in Exhibit A thereof contains a scrivener’s error; and WHEREAS, it was the intention of the City Council of the City of Elgin for the Special Service Area for the West Ridge Community Church Subdivision to follow the subdivision boundaries of the West Ridge Community Church Subdivision and it is necessary and desirable to amend Ordinance T45-06 to correct the scrivener’s error in the legal description in Exhibit A thereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. T45-06 establishing the West Ridge Community Church Subdivision Special Service Area of Elgin, Illinois, (#SSA 17) and providing for the levy of taxes for the purpose of paying the costs of providing special services in and for such area be and is hereby amended by amending and substituting the legal description set forth in Exhibit A thereto with the legal description as set forth in Exhibit A-1 attached hereto. Section 2. The City Clerk is hereby directed to file a certified copy of this ordinance, including its exhibits, in the Office of the Kane County Clerk and in the Office of the Kane County Recorder following its passage and approval. Section 3. That all ordinances or parts or ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. 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 23, 2008 Passed: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 24, 2008 Published: July 25, 2008 VOLUME LXXIII JULY 23, 2008 533 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-178 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (1600 N. RANDALL ROAD-HRT OF ILLINOIS, INC.) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-178 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (1600 N. Randall Road-HRT of Illinois, Inc.) WHEREAS, the owners of record of certain territory described as Parcel 2 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. JULY 23, 2008 VOLUME LXXIII 534 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 23, 2008 Adopted: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S11-08 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1600 N. RANDALL ROAD-HRT OF ILLINOIS, INC.) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. S11-08 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (1600 N. Randall Road-HRT of Illinois, Inc.) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territo ry 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: VOLUME LXXIII JULY 23, 2008 535 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 SOUTHEAST ¼ OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST ¼; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST ¼ , A DISTANCE OF 559.0 FEET; THENCE SOUTHERLY ALONG A FENCE LINE (ALSO BEING THE EAST LINE OF CAPITAL STREET PER PLAT DOCUMENT 2000K55523), WHICH FORMS AN ANGLE OF 89 DEGREES, 18 MINUTES, 35 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 250.01 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST ¼; A DISTANCE OF 560.58 FEET TO THE EAST LINE OF SAID SOUTHEAST ¼; THENCE NORTHERLY ALONG SAID EAST LINE, A DISTANCE OF 250.0 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST ¼ OF SECTION 31; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST ¼ OF SECTION 31, A DISTANCE OF 83.28 FEET FOR THE POINT OF BEGINNING OF SAID LINE; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES, 50 MINUTES, 44 SECONDS TO THE LEFT OF THE LAST DESCRIBED LINE EXTENDED, A DISTANCE OF 250.03 FEET FOR THE POINT OF TERMINATION OF SAID LINE) IN THE TOWNSHIP O F DUNDEE, KANE COUNTY, ILLINOIS, AND CONTAINING 2.7476ACRES IN TOTAL (PARCEL 2)(PROPERTY COMMONLY KNOWN AS 1600 NORTH 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 Presented: July 23, 2008 Passed: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 24, 2008 Published: JULY 23, 2008 VOLUME LXXIII 536 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G51-08 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT, AND GRANTING A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (1600 N. RANDALL ROAD-HRT MEDICAL OFFICE BUILDING) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G51-08 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT, AND GRANTING A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (1600 North Randall Road - HRT Medical Office Building) WHEREAS, the territory herein described as Parcel 2 has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the P ORI Planned Office Research Industrial District; and WHEREAS, written application has been made for a map amendment from ORI Office Research Industrial District to PORI Planned Office Research Industrial District for the property described herein as Parcel 1; and WHEREAS, the Planning and Development Commission conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the Findings and Recommendation of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXIII JULY 23, 2008 537 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 5, 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 19.07, Section 19.07.600 entitled “Official Zoning District Map” of the Elgin Municipal Code, 1976 (“EMC”), as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinbefore laid out in the official Zoning District Map, as amended, be and are hereby altered by including in the PORI Planned Office Research Industrial District the following described property: PARCEL 1: LOT 1 (EXCEPT PART CONVEYED TO COUNTY OF KANE DEPARTMENT OF TRANSPORTATION BY DEED DOCUMENT 95K030209) AND THAT PART OF CAPITAL STREET VACATED BY DOCUMENT 2000K055524, IN WESTFIELD BUSINESS PARK, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTHEAST ¼ OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINICPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST ¼; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST ¼ , A DISTANCE OF 559.0 FEET; THENCE SOUTHERLY ALONG A FENCE LINE (ALSO BEING THE EAST LINE OF CAPITAL STREET PER PLAT DOCUMENT 2000K55523), WHICH FORMS AN ANGLE OF 89 DEGREES, 18 MINUTES, 35 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 250.01 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST ¼; A DISTANCE OF 560.58 FEET TO THE EAST LINE OF SAID SOUTHEAST ¼; THENCE NORTHERLY ALONG SAID EAST LINE, A DISTANCE OF 250.0 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST ¼ OF SECTION 31; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST ¼ OF SECTION 31, A DISTANCE OF 83.28 FEET FOR THE POINT OF BEGINNING OF SAID LINE; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES, 50 MINUTES, 44 SECONDS TO THE LEFT OF THE LAST DESCRIBED LINE EXTENDED, A DISTANCE OF 250.03 FEET FOR THE POINT OF TERMINATION OF SAID LINE) IN THE TOWNSHIP O F DUNDEE, KANE COUNTY, ILLINOIS. JULY 23, 2008 VOLUME LXXIII 538 CONTAINING 6.4 ACRES IN TOTAL (PARCEL 1 AND 2) (PROPERTY COMMONLY KNOWN AS 1600 NORTH RANDALL ROAD) Section 3. That the City Council of the City of Elgin hereby grants the zoning of Parcel 2 to PORI Planned Office Research Industrial District, and the rezoning of Parcel 1 from ORI Office Research Industrial District to PORI Planned Office Research Industrial District for the property commonly known as1600 North Randall Road, and legally described above, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PORI Planned Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19.60, Planned Developments, of the EMC. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. B. Supplementary Regulations. Any word or phrase contained within this ordinance followed by the symbol "[SR]" shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the EMC. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PORI district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the EMC, as may be amended from time to time. D. Zoning Districts Generally. In this PORI district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the EMC, as may be amended from time to time. E. Location and Size of Districts. Planned industrial districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate planned industrial district exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council. F. Land Use. In this PORI District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 of the EMC. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR], as a "conditional use" [SR], or as a "similar use" [SR] in the ORI Office Research Industrial District, as amended. A. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the ORI Office Research Industrial District: 1. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. VOLUME LXXIII JULY 23, 2008 539 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: Commercial, economic, sociological, and educational research (8732). Commercial physical and biological research (8731). Engineering, accounting, research, management, and related services (87). Legal services (811). Management and public relations services (874). Medical and dental laboratories (807). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). 5. Transportation, Communication and Utilities Division: "Satellite dish antennas" [SR] (UNCL). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL). 6. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District to the provisions of Section 19.10.400 of this Title. Such accessory uses shall include, but not be limited to, cafes (5812), cafeterias (5812), concession stands, prepared food (5812), food bars (5812), lunch counters (5812), refreshment stands (5812), sandwich bars and shops (5812), drugstores-retail (5912), and pharmacies- retail (5912). The foregoing listed accessory uses shall be designed and intended for the use of internal customers of the office building on the Subject Property and no exterior signage for such accessory uses shall be permitted. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.47 of this Title. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.45 of this Title. JULY 23, 2008 VOLUME LXXIII 540 "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). B. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in the ORI Office Research Industrial District: 1. Municipal Services Division: "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Transportation, Communication And Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Heliports (458). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). 4. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.10.400 of this Title. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR], subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.60 of this Title. F. Site Design. In this PORI district, the site design regulations shall be as required in the ORI Office Research Industrial District, pursuant to Chapter 19.40.135 Site Design, of the EMC, as may be amended from time to time. Additionally, the development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the Petitioner’s Statement of Purpose and Conformance, submitted with the development application and letter prepared by Hart M. Passman, Law Offices of Holland and Knight, LLP, Attorneys at Law and dated February 11, 2008. VOLUME LXXIII JULY 23, 2008 541 2. Substantial conformance to the Preliminary Plat of Subdivision for the Subject Property prepared by Bollinger Lach and Associates, Inc. dated March 20, 2007, last revised February 6, 2008. 3. Substantial conformance to the proposed Site and Building Development for The HRT of Illinois, Inc. Medical Office Building, including the Site Geometrics (Sheet Exh. C-1), dated April 17, 2008, and prepared by Erikson Engineering Associates, Ltd., Sign Plan (Sheet AS -100), Floor Plans, dated April 18, 2008, and Building Elevation Renderings, Roof Plan, and Sight Line Elevation, dated May 14, 2008, and prepared by Page Southerland Page, LLP, Architecture Interiors Consulting Engineering. 4 Substantial Conformance to the Landscape Plan (Sheet L2-01) prepared by Hitchcock Design Group, Landscape Architects, and dated June 9, 2008. 5. Pursuant to Section 19.60.060A of the Elgin Municipal Code, and subject to the limitations therein and the conditions set forth in this ordinance, departures from the minimum vehicle use area setbacks set forth in Section 19.40.135E2a of the Elgin Municipal Code are hereby granted for the Subject Property as follows: a. Along Alft Lane, from 37.1 feet to 20 feet; and b. Along Capital Street from 37.1 feet to 15 feet. 6. Compliance with all other applicable codes and ordinances. H. Off-Street Parking. In this PORI district, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the EMC, as amended. I. Off-Street Loading. In this PORI district, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended. J. Signs. In this PORI district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. The development administrator may require, and may approve signs not otherwise provided by this title in support of the development. K. Amendments. In this PORI district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments, of the EMC. A text and map amendment may be requested by an individual lot or property owner for a zoning l ot without necessitating that all other property owners in this PORI zoning district authorize such an application. L. Planned Developments. . In this PORI 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 JULY 23, 2008 VOLUME LXXIII 542 amendment to this PORI zoning district and without necessitating that all other property owners in this PORI zoning district authorize such an application. M. Conditional Uses. In this PORI district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners in this PORI zoning district authorize such an application. N. Variations. In this PORI district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners in this PORI zoning district authorize such an application. 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 appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: July 23, 2008 Passed: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 24, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII JULY 23, 2008 543 RESOLUTION 08-179 ADOPTED APPROVING PRELIMINARY PLAT FOR ALFT- RANDALL SUBDIVISION Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-179 RESOLUTION APPROVING PRELIMINARY PLAT FOR ALFT-RANDALL SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Bollinger Lach and Associates, Inc. dated March 20, 2007, last revised February 6, 2008 for Alft-Randall Subdivision. 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: July 23, 2008 Adopted: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-180 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR STORMWATER AND DRAINAGE PURPOSES (RANDALL ROSE AUTO MALL) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-180 RESOLUTION JULY 23, 2008 VOLUME LXXIII 544 AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR STORMWATER AND DRAINAGE PURPOSES (Randall Rose Auto Mall) 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 plat of easement for stormwater and drainage purposes from Randall Rose Auto Mall for the property legally described as follows: Lots 1 thru 8 (both inclusive) in the Final Plat of Subdivision of Randall Rose Auto Mall, being a subdivision in the South Half of Section 30, all in Township 42 North, Range 8 East of the Third Principal Meridian recorded as Document No. 2007K122789 in Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereb y authorized and directed to cause the plat of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: July 23, 2008 Adopted: July 23, 2008 Omnibus Vote: Yeas: 6 Nays: 0 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, Steffen, Walters, and Mayor Schock. Nays: None. Centre Advisory Board Meeting Minutes for February 14, 2008, April 10, 2008, & May 8, 2008 Cultural Arts Commission Meeting Minutes for June 9, 2008 Foreign Fire Insurance Tax Board Meeting Minutes for April 7, 2008 Design Review Subcommittee Meeting Minutes for June 10, 2008 and June 24, 2008 Liquor Control Commission Meeting Minutes for June 4, 2008 and June 25, 2008 Planning and Development Commission Meeting Minutes for June 2, 2008 and June 16, 2008 Committee of the Whole Minutes for June 25, 2008 City Council Minutes for June 25, 2008 VOLUME LXXIII JULY 23, 2008 545 Disbursement Report 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, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 8:05 p.m. s/ Diane Robertson August 27, 2008 Diane Robertson, City Clerk Date Approved