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HomeMy WebLinkAbouto - August 13, 2008 CC 546 AUGUST 13, 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 August 13, 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 McCullough of Second Baptist Church and the Pledge of Allegiance was led by Councilmember David Kaptain. MAYOR PRO TEM APPOINTMENT FOR THE MEETING Councilmember Walters made a motion, seconded by Councilmember Figueroa, to appoint Councilmember Gilliam as Mayor Pro Tem. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Absent: Mayor Schock. MINUTES OF THE JULY 23, 2008, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the July 23, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. RECOGNIZE PERSONS PRESENT Bill Horn requested that port-a-potties be made available for fisherman in the Walton Island/Kimball Street bridge area. Councilmember Kaptain asked staff to look into the cost of these. Charlene Sligting, President of S.W.A.N., expressed her appreciation to staff and especially Jim Bell for all of the work at Ryerson Park. Dave Lopez, on behalf of the Puerto Rican Heritage Organization, invited everyone to Boriqua Fest on August 16, 2008. VOLUME LXXIII AUGUST 13, 2008 547 Kevin Escheveria spoke regarding the sound amplification permits. He stated that City departments do not agree on the procedure and he requested that the ordinance be clarified so that all are in agreement. Robert Rosa expressed his concerns about the car show issues and how the police handled the situation. He would like to have the Police Department investigated for their actions. Councilmember Gilliam stated that a meeting has already been scheduled for August 19, 2008, to meet with the organizers and that a representative from the Police Department will be in attendance. Marcus Banner expressed his concerns about harassment and discrimination by members of the Police Department. He said that consequences need to be enacted and would like to see an outside internal affairs investigation. BID 08-051 AWARDED TO MOWERWORKS, LTD FOR THE PURCHASE OF SIDEWALK SNOW REMOVAL EQUIPMENT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract to MowerWorks, LTD in the amount of $35,233.04 for the purchase of four Gravely Rapid M units with accessories for sidewalk snow removal. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. BID 08-052 AWARDED TO LIFE FITNESS FOR THE PURCHASE OF PHYSICAL FITNESS EQUIPMENT FOR FIRE STATION 7 Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to award a contract to Life Fitness in the amount of $25,042.72 for the purchase of cardiovascular, resistance, and strength training equipment for Fire Station 7. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. BID 08-055 AWARDED TO MIKE HARRIS MASON CONTRACTOR FOR STRUCTURAL MASONRY REPAIRS AT THE EAST SIDE RECREATION CENTER Councilmember Walters made a motion, seconded by Councilmember Steffen, to award a contract to Mike Harris Mason Contractor in the amount of $194,100 for structural masonry repairs at the East Side Recreation Center. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. AUGUST 13, 2008 VOLUME LXXIII 548 BID 08-056 AWARDED TO LPS PAVEMENT COMPANY FOR PAVER INSTALLATION ON THE POLICE FACILITY ROOF DECK Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract to LPS Pavement Company in the amount of $18,775 for paver installation on the Police Facility roof deck. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. PUBLIC HEARING REGARDING THE ESTABLISHMENT OF THE MACKENZIE WOODS SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN Mayor Pro Tem Gilliam declared the public hearing open. Community Development Director Deering described the establishment of the special service area and stated there would be a sixty-day waiting period at which time the ordinance would be presented to Council. No one else spoke Mayor Pro Tem Gilliam declared the public hearing closed. PUBLIC HEARING REGARDING THE ESTABLISHMENT OF THE MADISON HOMES SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN Mayor Pro Tem Gilliam declared the public hearing open. Community Development Director Deering described the establishment of the special service area and stated there would be a sixty-day waiting period at which time the ordinance would be presented to Council. No one else spoke. Mayor Pro Tem Gilliam declared the public hearing closed. PETITION 15-08 APPROVED REQUESTING VARIOUS AMENDMENTS TO THE TEXT OF TITLE 19, ZONING, OF THE ELGIN MUNICIPAL CODE, BY THE CITY OF ELGIN (ARCHITECTURAL DESIGN REVIEW) Community Development Director Deering stated these amendments would establish architectural review guidelines for all properties in the City and will replace the arterial overlay district. It will be a staff-based program and will not require an applicant to apply for any special permits. The Planning and Development Commission has recommended approval with no conditions. Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to approve Petition 15-08. VOLUME LXXIII AUGUST 13, 2008 549 Councilmember Figueroa stated he was concerned it was adding another layer to the process. Councilmember Walters stated that he likes the idea because it will prevent infill projects that do not fit into the neighborhood. Councilmember Kaptain asked Mr. Deering if he had the staff available to enforce this new process. Mr. Deering said that he did and that the process had already been in place for some time. Councilmember Steffen stated that he appreciated the changes and the work that staff had put into this. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. PUBLIC HEARING ON PROPOSED THIRD AMENDMENT TO THE BOWES CREEK ANNEXATION AGREEMENT (BOWES CREEK COUNTRY CLUB) Mayor Pro Tem Gilliam declared the public hearing open. Corporation Counsel William Cogley reviewed the amendment. He stated this amendment includes the clubhouse plans, when it will be completed, modest changes in the age restrictions, timing of payments, recording of plats, additional architectural costs and how these will be paid, construction schedule, and conveyance of the golf course and the clubhouse. There were no other comments. Mayor Pro Tem Gilliam declared the public hearing closed. RESOLUTION 08-189 ADOPTED AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO BOWES CREEK ANNEXATION AGREEMENT WITH TOLL IL, L.P., AND LO LAND ASSETS, L.P. (BOWES CREEK COUNTRY CLUB, 3600 BOWES ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Resolution No. 08-189 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO BOWES CREEK ANNEXATION AGREEMENT WITH TOLL IL, L.P. AND LO LAND ASSETS, L.P. (Bowes Creek Country Club – 3600 Bowes Road) WHEREAS, the owners of certain property commonly known as Bowes Creek Country Club have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and AUGUST 13, 2008 VOLUME LXXIII 550 WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Third Amendment to Annexation Agreement with Toll IL, L.P. and LO Land Assets, L.P., is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Third Amendment to Annexation Agreement with Toll IL, L.P. and LO Land Assets, L.P., a copy of which is attached hereto. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Adopted: August 13, 2008 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-190 ADOPTED AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE PUERTO RICAN HERITAGE ORGANIZATION Councilmember Kaptain made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, and Walters. Nays: None. Councilmember Figueroa abstained due to a conflict of interest. Resolution No. 08-190 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE PUERTO RICAN HERITAGE ORGANIZATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Special Event Co-Sponsorship Agreement on behalf of the City of Elgin with the Puerto Rican Heritage Organization for activities related to Puerto Rican Week to be held August 3 through August 16, 2008, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem VOLUME LXXIII AUGUST 13, 2008 551 Presented: August 13, 2008 Adopted: August 13, 2008 Vote: Yeas: 4 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G57-08 PASSED AMENDING CHAPTER 3.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “CIVIL SERVICE COMMISSION” Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Ordinance No. G57-08 AN ORDINANCE AMENDING CHAPTER 3.04 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED ―CIVIL SERVICE COMMISSION‖ WHEREAS, the City Council of the Elgin has determined that it necessary and desirable to amend the procedures relating to the termination of probationary employees to provide the City Manager with the authority to terminate probationary employees; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the procedures relating to the termination of probationary employees pertain to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 3.04.020 of the Elgin Municipal Code, 1976, as amended, entitled ―Powers and Duties‖ be and is hereby further amended by adding a subparagraph J thereto to read as follows: ―J. Any person, during a probationary period pursuant to original appointment pursuant to this chapter, may be discharged and terminated from employment by and at the discretion of the City Manager without a hearing and without cause.‖ AUGUST 13, 2008 VOLUME LXXIII 552 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 in the manner provided by law. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Passed: August 13, 2008 Vote: Yeas: 5 Nays: 0 Recorded: August 14, 2008 Published: August 15, 2008 Attest: _s/Diane Robertson_________________________ Diane Robertson, City Clerk ORDINANCE G58-08 PASSED AMENDING CHAPTER 3.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “BOARD OF FIRE AND POLICE COMMISSIONERS” Councilmember Kaptain made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Ordinance No. G58-08 AN ORDINANCE AMENDING CHAPTER 3.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED ―BOARD OF FIRE AND POLICE COMMISSIONERS‖ WHEREAS, the City Council of the Elgin has determined that it necessary and desirable to amend the procedures relating to the termination of probationary employees to provide the City Manager with the authority to terminate probationary employees; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the procedures relating to the termination of probationary employees pertain to the government and affairs of the City of Elgin. VOLUME LXXIII AUGUST 13, 2008 553 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 3.08.020 of the Elgin Municipal Code, 1976, as amended, entitled ―Duties; Appointments; Exceptions‖ be and is hereby further amended by adding a subparagraph G thereto to read as follows: ―G. Any person, during a probationary period pursuant to original appointment pursuant to this chapter, may be discharged and terminated from employment by and at the discretion of the City Manager without a hearing and without cause.‖ 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 in the manner provided by law. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Passed: August 13, 2008 Vote: Yeas: 5 Nays: 0 Recorded: August 14, 2008 Published: August 15, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Figueroa made a motion, seconded by Councilmember Walters, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. PAYEE AMOUNT REASON AT&T Aurora, IL $13,511.33 Phone services for Police Department. AUGUST 13, 2008 VOLUME LXXIII 554 Lake County Sheriff’s Dept Waukegan, IL $23,135.40 Reimbursement for one employee for salary and overtime from April 1, 2008 through June 30, 2008 Adlite Electric $20,849.00 Lighting repairs at Sports Complex CONSENT AGENDA By unanimous consent, Councilmember Kaptain made a motion, seconded by Councilmember Walters, to pass Ordinance Nos. G52-08 through G56-08, S12-08, and T30-08, and adopt Resolution Nos. 08-181 through 08-188 and 08-191 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. RESOLUTION 08-181 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH TERRACON CONSULTANTS, INC. FOR PROFESSIONAL SERVICES AT 464 AND 520 MCBRIDE STREET Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Resolution No. 08-181 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TERRACON CONSULTANTS, INC. FOR PROFESSIONAL SERVICES AT 464 AND 520 MCBRIDE STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Terracon Consultants, Inc. for professional service in conjunction with additional environmental testing at 464 and 520 McBride Street, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem VOLUME LXXIII AUGUST 13, 2008 555 Presented: August 13, 2008 Adopted: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-182 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALLEN AND PEPA ARCHITECTS, INC. FOR ELGIN HISTORIC AREA ARCHITECTURAL SURVEY AND INVENTORY OF PROPERTIES Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Resolution No. 08-182 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ALLEN AND PEPA ARCHITECTS, INC. FOR ELGIN HISTORIC AREA ARCHITECTURAL SURVEY AND INVENTORY OF PROPERTIES 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 Allen and Pepa Architects, Inc. for Elgin Historic Area Architectural Survey and Inventory of Properties, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Adopted: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUGUST 13, 2008 VOLUME LXXIII 556 RESOLUTION 08-183 ADOPTED AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH MAD MAGGIE’S (51 SOUTH GROVE AVENUE) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Resolution No. 08-183 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH MAD MAGGIE’S (51 South Grove Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a facade improvement program agreement on behalf of the City of Elgin with Mad Maggie’s for the property commonly known as 51 South Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Adopted: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-184 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN PROUD AND BEAUTIFUL, INC. Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. VOLUME LXXIII AUGUST 13, 2008 557 Resolution No. 08-184 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN PROUD AND BEAUTIFUL, INC. 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 Purchase of Service Agreement on behalf of the City of Elgin with Elgin Proud and Beautiful, Inc. for the promotion of beautification, litter prevention, waste reduction and recycling, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Adopted: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-185 ADOPTED AUTHORIZING EXECUTION OF A DECLARATION OF WETLANDS DEED RESTRICTIONS AND COVENANTS WITH PULTE HOME CORPORATION Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Resolution No. 08-185 RESOLUTION AUTHORIZING EXECUTION OF A DECLARATION OF WETLANDS DEED RESTRICTIONS AND COVENANTS WITH PULTE HOME CORPORATION 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 Declaration of Wetlands Deed Restrictions and Covenants on behalf of the City of Elgin with Pulte Home Corporation, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem AUGUST 13, 2008 VOLUME LXXIII 558 Presented: August 13, 2008 Adopted: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-186 ADOPTED RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT WITH DARRIN JOHNSON FOR THE PURCHASE OF 720 MCBRIDE STREET Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Resolution No. 08-186 RESOLUTION RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT WITH DARRIN JOHNSON FOR THE PURCHASE OF 720 MC BRIDE STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a real estate contract on behalf of the City of Elgin by Olufemi Folarin, City Manager, for the purchase of 720 McBride Street, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Adopted: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII AUGUST 13, 2008 559 RESOLUTION 08-187 ADOPTED APPROVING CHANGE ORDER NO. 4 IN THE CONTRACT WITH LAMP, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR FIRE STATION 7 Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Resolution No. 08-187 RESOLUTION APPROVING CHANGE ORDER NO. 4 IN THE CONTRACT WITH LAMP INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR FIRE STATION 7 WHEREAS, the City of Elgin has heretofore entered into a contract with Lamp, Inc. for construction management services for Fire Station 7; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 4, 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. 4, a copy of which is attached hereto and made a part hereof by reference. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Adopted: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-188 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. AUGUST 13, 2008 VOLUME LXXIII 560 Resolution No. 08-188 RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The executive session minutes for the period from January 9, 2008 through June 25, 2008 are hereby approved. Section 2. The executive session minutes or the portions thereof set forth on the attached Exhibit A no longer require confidential treatment and are hereby made available for public inspection. The City Clerk is hereby authorized and directed to make said minutes or the portions thereof available for inspection and copying as public records. Section 3. The need for confidentiality still exists as to all or parts of those minutes set forth in Exhibit B. Section 4. This resolution shall be in full force and effect from and after its passage. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem VOLUME LXXIII AUGUST 13, 2008 561 Presented: August 13, 2008 Adopted: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G52-08 PASSED GRANTING A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (BANGASH FAMILY LIMITED PARTNERSHIP, 1760 NORTH RANDALL ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Ordinance No. G52-08 AN ORDINANCE GRANTING A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (Bangash Family Limited Partnership 1760 North Randall Road) WHEREAS, written application has been made for a map amendment from ORI Office Research Industrial District to PORI Planned Office Research Industrial District; and WHEREAS, the Planning and Development Commission conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the Findings and Recommendation of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated July 7, 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. AUGUST 13, 2008 VOLUME LXXIII 562 Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following boundaries hereinbefore laid out in the ―Zoning District Map‖, as amended, be and are hereby altered by including in the PORI Planned Office Research Industrial District, the following described areas: Parcel Two: That Part of Mason Road adjoining the Easterly Line of Lot 25 in Westfield Business Park Plat No. 2, Being a Subdivision of Part of The Northeast Quarter of Section 31, Township 32 North, Range 8 East of The Third Principal Meridian Described as Follows: Commencing at The Northeast Corner of aforesaid Lot 25; Thence South 16 Degrees 12 Minutes 55 Seconds West along The Westerly Right of Way Line of Randall Road according To Record Document 1934642 Filed September 29, 1988, Said Line also Being The East Line of Said Lot 25, a Distance of 72.40 Feet to the Beginning; Thence Southerly along a Non- Tangential Arc, Convex to the Northeast having a Radius of 413.13 Feet and an Arc Length of 171.41 Feet, a Chord Bearing Of South 11 Degrees 18 Minutes 58 Seconds East and Chord Length of 170.18 Feet; Thence along a Non-Tangential Line South 49 Degrees 56 Minutes 03 Seconds East 62.41 Feet to the North Right Of Way Line of Essex Lane; Thence South 71 Degrees 08 Minutes 17 Seconds West, 20.39 Feet; Thence along the North Line of Said Essex Line, North 88 Degrees 47 Minutes 45 Seconds West, 102.58 Feet to the Southeast Corner of Said Lot 25; Thence North 01 Degrees 12 Minutes 16 Seconds East along The aforesaid Westerly Right of Way Line of Randall Road, 42.28 Feet; Thence Continuing Northerly along the aforesaid Westerly Right of Way Line of Randall Road along a Curve Convex to the Northwest having a Radius of 300.81 Feet and an Arc Length Of 82.77, a Chord Bearing of North 09 Degrees 05 Minutes 14 Second East and Chord Length of 82.51 Feet; Thence North 16 Degrees 58 Minutes 14 Seconds East, 91.73 Feet to the Point of Beginning, in the City Of Elgin, Kane County, Illinois. Parcel Three: That Part of The East ½ of The Northeast ¼ of Section 31, Township 42 North, Range 8 East of The Third Principal Meridian, Kane County, Illinois, Described as follow: Commencing at the Northeast Corner of Lot 25 In Westfield Business Park Plat No. 2, Being a Subdivision of Part of the Northeast ¼ of Said Section 31, according to the Plat thereof filed December 6, 1989 as Document Number 2012687: Thence South 16 Degrees 58 Minutes 14 Seconds West, 19.25 Feet along the East Line of Said Lot 25, for the Point of Beginning; Thence South 48 Degrees 40 Minutes 41 Seconds East, 1.00 Foot; Thence South 34 Degrees 54 Minutes 11 Seconds East, 24.75 Feet to the Beginning of a Nontangential Curve having a Radius of 453.13 Feet Concave to the West, a Chord of Said Curve Bears South 13 Degrees 30 Minutes 33 Seconds East, 182.99 Feet; Thence Southeasterly along Said Curve, 184.26 Feet; Thence South 49 Degrees 56 VOLUME LXXIII AUGUST 13, 2008 563 Minutes 03 Seconds East, 27.62 Feet; Thence North 85 Degrees 19 Minutes 33 Seconds East, 29.32 Feet; Thence South 4 Degrees 40 Minutes 27 Seconds East, 40.00 Feet; Thence South 85 Degrees 19 Minutes 33 Seconds West, 45.79 Feet; Thence North 49 Degrees 56 Minutes 03 Seconds West, 62.41 Feet to the Beginning of a Nontangential Curve Having a Radius of 413.13 Feet Concave to the West, the Chord of Said Curve Bears North 11 Degrees 18 Minutes 58 Seconds West, 170.18 Feet; Thence Northerly along Said Curve, 171.40 Feet to the East Line of Said Lot 25; Thence North 16 Degrees 58 Minutes 14 Seconds East along Said East Line, 53.15 Feet to the Point of Beginning, In the City Of Elgin, Kane County, Illinois (Property commonly known as 1760 North Randall Road). Section 3. That the City Council of the City of Elgin hereby grants the map amendment to a PORI District for the property commonly known as1760 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. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. B. Supplementary Regulations. Any word or phrase contained within this ordinance followed by the symbol "[SR]" shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the ELGIN MUNICIPAL CODE. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PORI district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the ELGIN MUNICIPAL CODE, as may be amended from time to time. D. Zoning Districts Generally. In this PORI district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of the ELGIN MUNICIPAL CODE, as may be amended from time to time. E. Location and Size of Districts. Planned industrial districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate planned industrial district exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council. AUGUST 13, 2008 VOLUME LXXIII 564 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 Land Use, of the Elgin Municipal Code, as amended. The following "PORI Land Uses", as identified in Section F.1.A & B, below, and the "AB Land Uses", as identified in Section F.2.A, below, shall be the only land uses allowed as a "permitted use" [SR], as a "conditional use" [SR], or as a "similar use" [SR] in this PORI Planned Office Research Industrial District, as amended. 1. PORI Land Uses. The following "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR], as a "conditional use" [SR], or as a "similar use" [SR] in this PORI Planned 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 this PORI zoning district: i. Municipal Services Division: 1) Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. ii. Offices Division: 2) "Offices" [SR] (UNCL). iii. Finance, Insurance, And Real Estate Division: 3) "Development sales offices" [SR] (UNCL). 4) Finance, insurance, and real estate (H), including, without limitation, financial institutions with drive-through windows. iv. Services Division: 5) Advertising (731). 6) Armored car service (7381). 7) Barbershops (724) 8) Beauty shops (723). 9) "Bed and breakfast inns" [SR] (7011). 10) Carpet and upholstery cleaning agents without plants on the premises (7217). 11) Child daycare services (835). 12) Colleges, universities, professional schools, and junior colleges (822). 13) Commercial, economic, sociological, and educational research (8732). 14) Commercial physical and biological research (8731). 15) Computer programming, data processing, and other computer-related services (737). 16) Computer rental and leasing (7377). 17) Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). 18) Dance studios and schools (791). 19) Detective and guard services (7381). 20) Electrical and electronic repair shops (7629). 21) Engineering, accounting, research, management, and related services (87). 22) Garment pressing, and agents for laundries and dry cleaners (7212). VOLUME LXXIII AUGUST 13, 2008 565 23) Home furniture, furnishings, and equipment stores (57). 24) Home health care services (808). 25) "Hotels and motels" [SR] (701). 26) Job training and vocational rehabilitation services (833). 27) Laundry collecting and distributing outlets (7211). 28) Legal services (811). 29) Libraries (823). 30) Linen supply (7213). 31) Mailing, reproduction, commercial art and photography, and stenographic services (733). 32) Management and public relations services (874). 33) Medical and dental laboratories (807). 34) Membership organizations (86). 35) Miscellaneous equipment rental and leasing (735). 36) Miscellaneous repair shops and related services (769). 37) Motion picture distribution and allied services (782). 38) Motion picture production and allied services (781). 39) News syndicates (7383). 40) Noncommercial research organizations (8733). 41) Offices and clinics of dentists (802). 42) Offices and clinics of doctors of medicine (801). 43) Offices and clinics of doctors of osteopathy (803). 44) Offices and clinics of other health practitioners (804). 45) Other schools and educational services (829). 46) Outdoor advertising services (7312). 47) Personnel supply services (736). 48) Photofinishing laboratories (7384). 49) Photographic studios, portrait (722). 50) Physical fitness facilities (7991). 51) Professional sports operators and promoters (7941). 52) Radio and television repair shops (7622). 53) Refrigerator and air-conditioning service and repair (7623). 54) Reupholstery and furniture repair (764). 55) Services to dwellings and other buildings (734). 56) Security systems services (7382). 57) Shoe repair shops and shoeshine parlors (725). 58) Tax return preparation services (7291). 59) Testing laboratories (8734). 60) Theatrical producers (792). 61) Truck route laundry and dry cleaning not operated by laundries or 62) cleaners (7212). 63) Videotape rental (784). 64) Vocational schools (824). 65) Watch, clock, and jewelry repair (763). v. Retail Trade Division: 66) Automatic merchandising machine operators (5962). AUGUST 13, 2008 VOLUME LXXIII 566 67) Building materials, hardware, and garden supply excluding any outdoor display, sales or storage (52). 68) Catalog and mail-order houses (5961). 69) Direct selling establishments (5963). 70) Florists (5992). 71) General merchandise stores (53). 72) News dealers (5994). 73) Optical good stores (5995). vi. Agricultural Division: 74) Crop services (072). 75) Dog grooming (0752). 76) Farm labor and management services (076). 77) Landscape counseling and planning (0781). 78) Lawn and garden services (0782). 79) Soil preparation services (071). vii. Construction Division: 80) "Contractor's office and equipment areas" [SR] (UNCL). viii. Manufacturing Division: 81) Apparel and other finished products made from fabrics and similar materials (23). 82) Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 83) Computer and office equipment (357). 84) Electronic and other electrical equipment and components (36). 85) Fabricated metal products (34). 86) Furniture and fixtures (25). 87) Industrial and commercial machinery and equipment (35). 88) Leather and leather products (31). 89) Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; and watches and clocks (38). 90) Miscellaneous manufacturing industries (39). 91) Primary metal industries (33). 92) Printing, publishing, and allied industries (27). 93) Stone, clay, glass and concrete products (32). 94) Tobacco products (21). 95) Transportation equipment (37). ix. Wholesale Trade Division: 96) Apparel piece goods and notions (513). 97) Beer, wine and distilled alcoholic beverages (518). 98) Drugs, drug proprietaries and druggists' sundries (512). 99) Chemicals and allied products (516). 100) Electrical goods (506). 101) Farm product raw materials (515). 102) Furniture and home furnishings (502). 103) Groceries and related products (514). VOLUME LXXIII AUGUST 13, 2008 567 104) Hardware, and plumbing and heating equipment and supplies (507). 105) Lumber and other construction materials (503). 106) Machinery, equipment, and supplies (508). 107) Metals and minerals, except petroleum (505). 108) Miscellaneous durable goods (509). 109) Miscellaneous non-durable goods (519). 110) Paper and paper products (511). 111) Petroleum and petroleum products (517). 112) Professional and commercial equipment and supplies (504). x. Transportation, Communication And Utilities Division: 113) "Amateur radio antennas" [SR] (UNCL). 114) Arrangement of passenger transportation (472). 115) Arrangement of transportation of freight and cargo (473). 116) Branch United States post offices (4311). 117) Bus charter service operators offices (414). 118) Cable and other pay television services (484). 119) "Commercial antenna tower" [SR] (UNCL). 120) "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 121) Communication services not elsewhere classified (489). 122) Courier services (4215). 123) Freight forwarding in general (4731). 124) Intercity and rural bus transportation operators' offices (413). 124) Local and suburban passenger transportation operators' offices (411). 125) Natural gas transmission and distribution (4922) (4924). 126) Packing and crating (4783). 127) "Radio and television antennas" [SR] (UNCL). 128) Radio and television broadcasting stations (483). 129) Railroad operators' offices (401). 130) "Satellite dish antennas" [SR] (UNCL). 131) School bus operators' offices (415). 132) Taxicab operators' offices (412). 133) Telegraph and other message communications (482). 134) Telephone communications (481). 135) "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL). xi. 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. 137) "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District to the provisions of Section 19.10.400 of this Title. "Fences and walls" [SR] (UNCL). AUGUST 13, 2008 VOLUME LXXIII 568 "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.47 of this Title. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). B. Conditional Uses: The following enumerated land uses shall be additional land uses allowed as a conditional use in this PORI Planned Office Research Industrial District: i. Municipal Services Division: 1) "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. ii. Public Administration Division: 2) Public administration (J) on a zoning lot containing less than two (2) acres of land. iii. Services Division: 3) Carpet or rug cleaning, dying, or repairing plants (7217). 4) Dry-cleaning plants (7216). 5) Individual and family social services (832). 6) Industrial launderers (7218). 7) Power laundries (7211). iv. Manufacturing Division: 8) Chemicals and allied products (28). 9) Food and kindred products (20). 10) Lumber and wood products (24). 11) Paper and allied products (26). 12) Petroleum refining and related industries (29). 13) Rubber and miscellaneous plastics products (30). 14) Textile mill products (22). v. Transportation, Communication and Utilities Division: 15) "Conditional commercial antenna tower" [SR] (UNCL). 16) "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 17) Heliports (458). 18) "Other radio and television antennas" [SR] (UNCL). VOLUME LXXIII AUGUST 13, 2008 569 19) "Other satellite dish antennas" [SR] (UNCL). 20) Pipelines, except natural gas (461). 21) Railroad tracks (401). 22) "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). 23) Water transportation (44). vi. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.10.400 of this Title. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR], subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.60 of this Title. C. Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in this PORI Planned Office Research Industrial District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of this Title: i. Services Division: 1) Business services not elsewhere classified (7389). 2) Laundry and garment services not elsewhere classified (7219). 3) Miscellaneous health and allied services not elsewhere classified (809). 4) Miscellaneous personal services not elsewhere classified (7299). Services not elsewhere classified (899). 5) Social services not elsewhere classified (839). ii. Manufacturing Division: 6) Miscellaneous Manufacturing industries (39). iii. Transportation, Communication And Utilities Division: 7) Transportation services not elsewhere classified (4789). (Ord. G44-96 § 10, 1996; Ord. G81-95 § 1, 1995; Ord. G9-95 § 1, 1995; Ord. G23-94 §§ 2-5, 1994; Ord. G45-92 § 2, 1992) 2. AB Land Uses. The following "land uses" [SR] shall also be land uses allowed as a "permitted use" [SR] in this PORI Planned Office Research Industrial District, as amended. AUGUST 13, 2008 VOLUME LXXIII 570 i. Retail Trade Division: 1) Carryout restaurants (5812) limited to two for establishment’s primary engaged in the retail of prepared food and drink for off-premises consumption. 2) Convenience food stores, operated on a twenty four (24) hour basis (5411). 3) "Drive-through facilities" [SR], subject to the provisions of Chapter 19.45 of this Title, specifically limited to one drive thru facility associated with an economically valued fast food restaurant such as McDonald’s, Wendy’s, Burger King, Taco Bell, Arby’s, Dunkin Donuts, etc., for the entire subdivision. Drive through facilities for mid-valued fast food restaurants such as Starbuck’s or Portillo’s, and other non-restaurant land uses shall not be limited. 4) Drinking places (alcoholic beverages) (5813). 5) Drugstores and proprietary stores (591), including those with drive- through windows. 6) Eating places (5812). 7) "Outdoor eating and drinking facilities" [SR] (UNCL). 8) Home furniture, furnishings, and equipment stores (57). 9) Tobacco stores (5993), limited to cigars and loose tobacco (no cigarettes). 10) Package liquor sales. 11) Miscellaneous shopping goods stores (594). G. Site Design. In this PORI district, the site design regulations shall be as required in the ORI Office Research Industrial District, pursuant to Chapter 19.40.135 Site Design, of the Elgin Municipal Code, as may be amended from time to time. Prior to the development of the subject property the owner of the subject property shall be required to submit a development plan to the city for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. H. Off-Street Parking. In this PORI district, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the ELGIN MUNICIPAL CODE, as amended. I. Off-Street Loading. In this PORI district, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the ELGIN MUNICIPAL CODE, 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. VOLUME LXXIII AUGUST 13, 2008 571 K. Amendments. In this PORI district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PORI zoning district authorize such an application. 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 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. Q. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the contrary in this ordinance, the use and the development of the subject property in this PORI zoning district shall also be subject to the regulations of the ARC Arterial Road Corridor Overlay District. In the event of any conflict between the regulations in the ARC Arterial Road Corridor Overlay District and other provisions of this ordinance, the regulations of the ARC Arterial Road Corridor Overlay District shall control. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem AUGUST 13, 2008 VOLUME LXXIII 572 Presented: August 13, 2008 Passed: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: August 14, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S12-08 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (HENRIKSON PROPERTY, 3301 ROUTE 20) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Ordinance No. S12-08 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Henrikson Property-3301 Route 20) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: VOLUME LXXIII AUGUST 13, 2008 573 That Part of the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian, Described As Follows: Commencing at an Iron Pipe at the Northwest Corner of the Northeast Quarter of said Section 18; thence on an assumed bearing South 00 Degrees 19 Minutes 48 Seconds East, 438.41 feet to a Point on the Centerline of U.S. Rout 20; thence South 64 Degrees 16 Minutes 41 Seconds East, 273.10 feet along said Centerline to the Point of Beginning, thence continuing South 64 Degrees 16 Minutes 41 Second East, 246.3 feet, thence South 25 Degrees 11 Minutes 36 Second West, 530.4 Feet; thence North 64 Degrees 16 Minutes 41 Second West, 248.3 feet; thence North 25 Degrees 11 Minutes 36 East, 530.4 feet to the Point of Beginning, in Kane County, Illinois. Said Parcel also contains Dedicated Right of Way of said U.S. Route 20 (Property commonly known as 3301 Route 20). 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/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Passed: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: August 14, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G53-08 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (HENRIKSON PROPERTY, 3301 ROUTE 20) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. AUGUST 13, 2008 VOLUME LXXIII 574 Ordinance No. G53-08 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (Henrikson Property – 3301 Route 20) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a P AB Planned Area Business District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled ―Zoning District Map‖ of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property: That Part of the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian, Described As Follows: Commencing at an Iron Pipe at the Northwest Corner of the Northeast Quarter of said Section 18; thence on an assumed bearing South 00 Degrees 19 Minutes 48 Seconds East, 438.41 feet to a Point on the Centerline of U.S. Rout 20; thence South 64 Degrees 16 Minutes 41 Seconds East, 273.10 feet along said Centerline to the Point of Beginning, thence continuing South 64 Degrees 16 Minutes 41 Second East, 246.3 feet, thence South 25 Degrees 11 Minutes 36 Second West, 530.4 Feet; thence North 64 Degrees 16 Minutes 41 Second West, 248.3 feet; thence North 25 Degrees 11 Minutes 36 East, 530.4 feet to the Point of Beginning, in Kane County, Illinois. Said Parcel also contains Dedicated Right of Way of said U.S. Route 20 (Property commonly known as 3301 Route 20). Section 2. That the City Council of the City of Elgin hereby grants the PAB Planned Area Business District which shall be designed, developed, and operated subject to the following provisions: 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 VOLUME LXXIII AUGUST 13, 2008 575 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). 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). AUGUST 13, 2008 VOLUME LXXIII 576 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). Laundry collecting and distributing outlets (7211). 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 equipment rental and leasing (735). 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). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait (722). Professional sports operators and promoters (7941). Reupholstery and furniture repair (764). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Theatrical producers (792). Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair (763). 4. Retail Trade Division: Apparel and accessory stores (56). Automatic merchandising machine operators (5962). Building materials, hardware and garden supply (52). Carryout restaurants (5812). Catalog and mail-order houses (5961). VOLUME LXXIII AUGUST 13, 2008 577 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). Used building materials (5932). Used merchandise stores (593). 5. Agricultural Division: Dog grooming (0752). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). 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). AUGUST 13, 2008 VOLUME LXXIII 578 "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). 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 on a zoning lot containing less than two (2) acres of land. 3. Services Division: Billiard parlors (7999). Bingo parlors (7999). Bowling centers (7933). Child daycare services (835). Coin-operated amusement establishments (7993). Dance halls (7911). Dance studios and schools (791). Discotheques (7911). "Home child daycare services" [SR] (8351). Membership organizations (86). Membership sports and recreation clubs (7997). Organization hotels and lodging houses, on membership basis (704). Other schools and educational services (829). Physical fitness facilities (7991). Pool parlors (7999). "Teen clubs" [SR] (UNCL). 4. Retail Trade Division: Drive-in restaurants (5812). "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). VOLUME LXXIII AUGUST 13, 2008 579 Heliports (458). 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 lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.55 of this Title. G. Site Design. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. Prior to the development of the subject property the owner of the subject property shall be required to submit a development plan to the city for a public hearing and City Council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. H. Off-street Parking. In this PAB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PAB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. AUGUST 13, 2008 VOLUME LXXIII 580 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 P AB zoning district authorize such an application. L. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. M. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning district authorize such an application. N. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. A variation 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. 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. VOLUME LXXIII AUGUST 13, 2008 581 Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. R. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the contrary in this ordinance, the use and the development of the subject property in this PAB zoning district shall also be subject to the regulations of the ARC Arterial Road Corridor Overlay District. In the event of any conflict between the regulations in the ARC Arterial Road Corridor Overlay District and other provisions of this ordinance, the regulations of the ARC Arterial Road Corridor Overlay District shall control. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Passed: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: August 14, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G54-08 PASSED AMENDING TITLE 19, ENTITLED “ZONING” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, AND TITLE 11, ENTITLED “VEHICLES AND TRAFFIC” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. AUGUST 13, 2008 VOLUME LXXIII 582 Ordinance No. G54-08 AN ORDINANCE AMENDING TITLE 19, ENTITLED ―ZONING,‖ OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, AND TITLE 11, ENTITLED ―VEHICLES AND TRAFFIC,‖ OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City Council of the City of Elgin finds that the parking and storing of commercial vehicles in residential zoning districts and on residential property adversely effects the desirability of immediate and neighboring areas, is aesthetically harmful and impairs the benefits of occupancy of existing properties in such areas, prevents the most appropriate use of real estate, reduces property values, and produces degeneration of property in such areas with attendant deterioration of conditions affecting the public health, safety, comfort, morals and well-being of citizens; and, WHEREAS, the regulation of the parking and storing of commercial vehicles as set forth in this ordinance will serve to protect, preserve and enhance the nature and character of residential areas within the City, to protect and enhance property values, and to promote the health, safety and welfare of the City and its residents; and, WHEREAS, 65 ILCS 5/11-13-1 authorizes municipalities to classify regulate and restrict the location of trades and industries for specified industrial, business and residential uses, to divide the municipality into districts according to the use of land and buildings, and to prohibit uses, buildings or structures incompatible with the character of such districts; and, WHEREAS, the City of Elgin Zoning Ordinance regulates and restricts commercial and other non-residential uses within residential zoning districts; and, WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and, WHEREAS, the regulation of the parking and storing of commercial vehicles in residential zoning districts, on residential property and on streets within residential areas pertains to the government and affairs of the City of Elgin; and WHEREAS, written application has been made to amend the Elgin Zoning Ordinance provisions pertaining to the parking and storing of commercial vehicles within residential zoning districts; and, WHEREAS, the Planning and Development Commission held a public hearing concerning the proposed amendment after due notice in manner provided by law; and, WHEREAS, the Planning and Development Commission has forwarded the proposed amendment to the City Council without a recommendation; and VOLUME LXXIII AUGUST 13, 2008 583 WHEREAS, the Community Development Group recommends the requested amendment be granted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That chapter 19.45 entitled ―Off Street Parking,‖ of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding a new section 19.45.065 thereto entitled ―Commercial Vehicles Prohibited,‖ to read as follows: 19.45.065: Commercial Vehicles Prohibited: A. For the purposes of this Section, words, terms or phrases shall have the definition ascribed to them in the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq., unless otherwise defined herein or a different meaning is clear from their context. B. Definitions: For the purposes of this Section, whenever any of the following words, terms or phrases are used they shall have the meanings ascribed to them as follows: COMMERCIAL VEHICLE: A ―motor vehicle‖ [SR] having attributes or characteristics that meet or satisfy any of the following conditions: 1. The vehicle has a State of Illinois license plate designation indicating a weight classification in excess of eight thousand (8,000) pounds, said designations being as follows: D (8,001 – 12,000 lbs.); F (12,001 – 16,000 lbs.); H (16,001 – 26,000 lbs.); J (26,001 – 28,000 lbs.); K (28,001 – 32,000 lbs.); L (32,001 – 36,000 lbs.); N (36,001 – 40,000 lbs.); P (40,001 – 45,000 lbs.); Q (45,001 – 50,000 lbs.); R (50,001 – 54,999 lbs.); S (55,001 – 59,500 lbs.); T (59,501 – 64,000 lbs.); V (64,001 – 73,280 lbs.); X (73,281 – 77,000 lbs.); and Z (77,001 – 80,000 lbs.). 2. The vehicle has a State of Illinois license plate bearing one of the following designations: CN (Conservation Truck/Truck Tractor); VF through VZ (Farm Truck/Truck Tractor – All weight classifications); D through Z (Flat Weight Truck/Truck Tractor – All weight classifications); MD through MZ (Mileage Tax Truck/Truck Tractor – All weight classifications); MC (Medical Carrier); PM (Permanently Mounted Equipment); PT (Public Transportation); FH (Funeral Home); LY (Livery); TX (Taxi Cab); CM (Commuter Van); FS (Fertilizer Spreader); TW (Tow Truck); BM (Municipal Bus); CR (Ceremonial); CV (Charitable Vehicle) for Second Division vehicles; DE (Driver Education); EV (Exempt Vehicle); FM (Farm Machinery); FT (Farm Fertilizer); SB (School Bus); Apportioned – P (Apportioned AUGUST 13, 2008 VOLUME LXXIII 584 Truck and Truck Tractor; Apportioned – W (Apportioned Tow Truck); DL (Dealer); MFR (Manufacturer); IT (Transporter); Ambulance; or Repossessor. 3. The vehicle has an out-of-state license plate but is of a type that would require any of the State of Illinois license plate designations listed herein. 4. The vehicle has a gross vehicular weight rating in excess of eight thousand (8,000) pounds. 5. The vehicle is designed to transport ten (10) or more persons. GROSS VEHICULAR WEIGHT RATING (GVWR): The value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle. TRAILER: Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle. Trailers shall include, without limitation, semitrailers, farm trailers, pole trailers, recreational vehicle trailers, campers, camping trailers, pop ups, trailer coaches, travel trailers and utility trailers. C. No commercial vehicle shall be parked, kept or stored at any time on a ―zoning lot‖ [SR] located within a Residence Conservation District or a Residence District, or on any ―zoning lot‖ [SR] having a residential use as its ―principal use‖ [SR], or having a residential building or structure as its ―principal building‖ [SR]. Exceptions: The prohibition on the parkin g of commercial vehicles provided for in this Section shall not apply to (1) commercial vehicles parked between the hours of 7:00 a.m. and 7:00 p.m., when such commercial vehicles are parked for the purpose of delivering or collecting persons, materials or merchandise, or for the purpose of performing a service on the ―zoning lot‖ [SR] on which the commercial vehicle is parked, or (2) the services or operations of any governmental unit, public utility or any such activities performed on behalf of any such governmental unit or public utility. D. No person shall at any time park or store any trailer on a ―zoning lot‖ [SR] located within a Residence Conservation District or a Residence District, or on any ―zoning lot‖ [SR] having a residential use as its ―principal use‖ [SR], or having a residential building or structure as its ―principal building‖ [SR]. Section 2. That chapter 11.60 entitled ―Stopping, Standing and Parking‖ of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding a new section 11.60.135 thereto entitled ―Parking of Commercial Vehicles Prohibited,‖ to read as follows: VOLUME LXXIII AUGUST 13, 2008 585 11.60.135: Parking of Commercial Vehicles Prohibited: A. For the purposes of this Section, words, terms or phrases shall have the definition ascribed to them in the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq., unless otherwise defined herein or a different meaning is clear from their context. B. Definitions: For the purposes of this Section, whenever any of the following words, terms or phrases are used they shall have the meanings ascribed to them as follows: COMMERCIAL VEHICLE: A motor vehicle [SR] having attributes or characteristics that meet or satisfy any of the following conditions: 1. The vehicle has a State of Illinois license plate designation indicating a weight classification in excess of eight thousand (8,000) pounds, said designations being as follows: D (8,001 – 12,000 lbs.); F (12,001 – 16,000 lbs.); H (16,001 – 26,000 lbs.); J (26,001 – 28,000 lbs.); K (28,001 – 32,000 lbs.); L (32,001 – 36,000 lbs.); N (36,001 – 40,000 lbs.); P (40,001 – 45,000 lbs.); Q (45,001 – 50,000 lbs.); R (50,001 – 54,999 lbs.); S (55,001 – 59,500 lbs.); T (59,501 – 64,000 lbs.); V (64,001 – 73,280 lbs.); X (73,281 – 77,000 lbs.); and Z (77,001 – 80,000 lbs.). 2. The vehicle has a State of Illinois license plate bearing one of the following designations: CN (Conservation Truck/Truck Tractor); VF through VZ (Farm Truck/Truck Tractor – All weight classifications); D through Z (Flat Weight Truck/Truck Tractor – All weight classifications); MD through MZ (Mileage Tax Truck/Truck Tractor – All weight classifications); MC (Medical Carrier); PM (Permanently Mounted Equipment); PT (Public Transportation); FH (Funeral Home); LY (Livery); TX (Taxi Cab); CM (Commuter Van); FS (Fertilizer Spreader); TW (Tow Truck); BM (Municipal Bus); CR (Ceremonial); CV (Charitable Vehicle) for Second Division vehicles; DE (Driver Education); EV (Exempt Vehicle); FM (Farm Machinery); FT (Farm Fertilizer); SB (School Bus); Apportioned – P (Apportioned Truck and Truck Tractor; Apportioned – W (Apportioned Tow Truck); DL (Dealer); MFR (Manufacturer); IT (Transporter); Ambulance; or Repossessor. 3. The vehicle has an out-of-state license plate but is of a type that would require any of the State of Illinois license plate designations listed herein. 4. The vehicle has a gross vehicular weight rating in excess of eight thousand (8,000) pounds. AUGUST 13, 2008 VOLUME LXXIII 586 5. The vehicle is designed to transport ten (10) or more persons. GROSS VEHICULAR WEIGHT RATING (GVWR): The value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle. C. No commercial vehicle shall be parked, kept or stored at any time on a public street or on any municipally owned parking lot located within or adjacent to any Residence Conservation District or a Residence District. D. Exceptions: The prohibition on the parking of commercial vehicles prohibited by this Section shall not apply to (1) commercial vehicles parked on a public street between the hours of seven o’clock (7:00) a.m. and seven o’clock (7:00) p.m., when such commercial vehicles are parked for the purpose of delivering or collecting persons, materials or merchandise, or for the purpose of performing a service at an adjacent property, or (2) the services or operations of any governmental unit, public utility or any such activities performed on behalf of any such governmental unit or public utility. 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/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Passed: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: August 14, 2008 Published: August 15, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII AUGUST 13, 2008 587 ORDINANCE T30-08 PASSED AMENDING CHAPTER 11.60 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ESTABLISHING PARKING RESTRICTIONS IN DESIGNATED AREAS ON ODD AND EVEN NUMBERED DAYS Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Ordinance No. T30-08 AN ORDINANCE AMENDING CHAPTER 11.60 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ESTABLISHING PARKING RESTRICTIONS IN DESIGNATED AREAS ON ODD AND EVEN NUMBERED DAYS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Chapter 11.60 of the Elgin Municipal Code, 1976, as amended, entitled "Stopping, Standing and Parking," be and is hereby amended to create section 11.60.066, entitled ―Limited Parking Areas; Restrictions on Odd and Even Numbered Days,‖ to read as follows: A. No vehicle shall be or remain parked on any street between the hours of 12:00 a.m. and 5:00 p.m. as follows: 1. On even-numbered calendar days of a month, on the side of any street on which the properties bear odd street address numbers. 2. On odd-numbered calendar days of a month, on the side of any street on which the properties bear even street address numbers. B. The parking restrictions of subparagraph A of this section shall apply on each of the streets located within the following defined areas: 1. Area 1—Randall Ridge: Those streets located within the area commonly known as the Randall Ridge subdivision, including Avalon Drive, Marshfield Drive, Weld Road, Sarah Court, Barnes Road, Randall Ridge Drive, Colonial Drive, Newberry Court, Sterling Court, Kettlehook Drive, Derby Court, Boxwood Drive, Winhaven Drive, Marshfield Court, Avalon Court, Randall Ridge Court and Portsmouth Court. 2. Area 2—Southwest Area Neighbors: Those streets located within the area bounded by the north line of Walnut Avenue on the north, the east line of South State Street on the east, the north line of U.S. Highway 20 on the south, and the west line of Gertrude Street on the west. AUGUST 13, 2008 VOLUME LXXIII 588 3. Area 3—Gifford Park Association and Summit Park: Those streets located within the area bounded by the north line of Summit Street on the north, the east line of South Liberty Street on the east, the south line of Villa Street beginning at its intersection with South Liberty Street and extending northwesterly until its intersection with the south line of Chicago Street, and the west line of Dundee Avenue beginning at its intersection with the south line of Chicago Street and extending northerly until its intersection with the north line of Summit Street. 4. Area 4—Cobblers Crossing South: The following streets within the areas bounded by the south line of Congdon Avenue on the north, th e east line of Wakefield Drive on the east, the west line of Blackhawk Drive and Waverly Drive on the west, and the north line of Summit Street on the south: Jefferson Avenue, Waverly Drive, Blackhawk Drive, Ripple Brook Lane, Inglewood Lane, Marbilynn Drive, Hobble Bush Lane, Hampshire Lane, Cobblers Crossing, Willoby Lane, Wakefield Drive, Bent Tree Court, Fieldstone Court, Barberry Court, Stockbridge Court, Stockbridge Place, Prestbury Drive, Fairfax Court, Bedford Court, Ripple Brook Court and Shady Oaks Drive. C. The provisions of subparagraphs A and B of this section shall not apply to a street where parking is otherwise restricted by signs prohibiting parking at all times on one side of the street for a full city block. D. Any vehicle parked in violation of this section is declared a nuisance and a hazard to public safety and any police officer of the city is authorized to cause the removal of such vehicle to a public garage or other place of storage at the expense of the owner of the vehicle. Section 3. That Chapter 11.62 of the Elgin Municipal Code, 1976, as amended, entitled "Administrative Adjudication," be and is hereby amended to amend section 11.62.110, subparagraph D, entitled ―Schedule of Fines and Penalties,‖ to read as follows: D. Notwithstanding the provisions of subsection A of this section, a violation of either section 11.60.066 or section 11.60.090 of this title, as amended, shall be an offense punishable by a fine in the amount of fifty dollars ($50.00). The owner of a vehicle impounded in connection with the violation of either section 11.60.066 or section 11.60.090 of this title, as amended, shall also be liable for fees for the respective towing and storage of the vehicle as provided in section 11.60.066 or section 11.60.090 of this title. Section 4. That this ordinance shall without further city council action automatically expire on July 31, 2009. It is hereby declared to be the legislative intent of the city council that the adoption this ordinance establishing daytime parking restrictions in designated residential areas on odd- and even-numbered weekdays is being done on an experimental basis only. The city manager is directed to submit a report to the city council prior to the automatic expiration of this ordinance and advise the city council as to the city’s experience with the ordinance’s parking VOLUME LXXIII AUGUST 13, 2008 589 restrictions and recommend whether an ordinance providing for the continuation of such parking restrictions should be continued and expanded to other areas within the city. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Passed: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: August 14, 2008 Published: August 15, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G55-08 PASSED AMENDING TITLE 10 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “PUBLIC PEACE, MORALS AND WELFARE” PROHIBITING PROSTITUTION AND PROSTITUTION-RELATED ACTIVITY Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Ordinance No. G55-08 AN ORDINANCE AMENDING TITLE 10 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED ―PUBLIC PEACE, MORALS AND WELFARE,‖ PROHIBITING PROSTITUTION AND PROSTITUTION-RELATED ACTIVITY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: AUGUST 13, 2008 VOLUME LXXIII 590 Section 1. That Chapter 10.36 of the Elgin Municipal Code, 1976, as amended, entitled ―Loitering,‖ be and is hereby amended to amend section 10.36.020, entitled ―Lo itering for the Purpose of Engaging in Prostitution-Related Activity Unlawful,‖ to read as follows: A. It is unlawful for any person to loiter in or near any thoroughfare, or place open to the public, for the purpose of engaging in an act of prostitution contrary to any provisions of the prostitution-related portions of article II of the Illinois Criminal Code, 720 Illinois Compiled Statutes 5/11-14 through 5/11-19.1, as amended, or any other local, State, or Federal law prohibiting prostitution-related activity (hereinafter "prostitution laws"). B. Among the circumstances which ma y be considered by the arresting officer in determining whether such purpose is "manifested" are the following: 1. Such person is a known prostitute, panderer, or pimp. For purposes of this Chapter, a "known prostitute, panderer, or pimp" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this State of any violation of the prostitution laws or substantially similar laws of any political subdivision or this State or of any other state or jurisdiction within the previous year; and 2. Such person repeatedly beckons to, stops, attempts to stop, or engages in conversation with any person or motor vehicle operator by hailing, waving, or any other bodily gesture for the purpose of inducing, enticing, soliciting, or procuring another for purposes of committing an act of prostitution. 3. Such person repeatedly beckons to, stops, attempts to stop, or engages in conversation with any pedestrian by hailing, waving, or any other bodily gesture for the purpose of inducing, enticing, soliciting, or procuring another for purposes of committing an act of prostitution. C. No determination of intent shall be made absent an affirmative act by the person to be charged, which act or acts, when taken in the context of the totality of the surrounding circumstances, shall constitute substantial step towards a violation of the aforementioned prostitution laws. D. Any person violating the provisions of this section shall be fined not less than $1000 nor more than $1500 for each offense. E. A motor vehicle that is used in the violation of this section or in the commission of prostitution as defined in section 11-14 of the Illinois Criminal Code of 1961, as amended, soliciting for a prostitute as defined in section 11-15 of such code, soliciting for a juvenile prostitute as defined in section 11-18 of such code, or patronizing a juvenile prostitute as defined in section 11-18.1 of such code, shall be subject to seizure and impoundment under this subsection. VOLUME LXXIII AUGUST 13, 2008 591 1. The owner of record of such vehicle shall be liable to the city for an administrative penalty of $1,000.00 in addition to fees for the towing and storage of the vehicle. 2. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under section 11.40.095 of this Code. 3. With the exception of the amount of the enumerated fine, the provisions of section 11.40.095 of this Code shall apply whenever a motor vehicle is seized and impounded pursuant to this section. Section 2. That Chapter 10.36 of the Elgin Municipal Code, 1976, as amended, entitled ―Loitering,‖ be and is hereby amended to amend section 10.36.030, entitled ―Loitering for the Purpose of Engaging in Drug-Related Activity Unlawful,‖ to read as follows: A. It is unlawful for any person to loiter in or near any thoroughfare, or place open to the public, for the purpose of engaging in activity contrary to any of the provisions of the Illinois Controlled Substances Act, 720 Illinois Compiled Statutes 570/100 et seq., as amended, the Illinois Cannabis Control Act, 720 Illinois Compiled Statutes 550/1 et seq., as amended, the Illinois Steroid Control Act, as amended, or any other local, State, or Federal law prohibiting the manufacture, distribution, delivery, use, or possession of a controlled substance (hereinafter "drug laws"). B. Among the circumstances which may be considered in determining whether such purpose is "manifested" are the following: 1. Such person is a known unlawful drug user, possessor, or seller. For purposes of this Chapter, a "known unlawful drug user, possessor, or seller" is a person who has, within the knowledge of the arresting officer, been convicted in any court within this State of any violation involving the use, possession, or sale of any of the substances referred to in the drug laws within the previous year; or such person has been convicted of any of the provisions of said drug laws or substantially similar laws of any political subdivision of this State or of any other state or jurisdiction within the previous year; or a person who displays physical characteristics of drug intoxication or usage, such as "needle tracks" or a person who possesses drug paraphernalia as defined in the Illinois Drug Paraphernalia Control Act, 720 Illinois Compiled Statutes 600/1 et seq., as amended; 2. Such person is currently subject to an order of court prohibiting his or her AUGUST 13, 2008 VOLUME LXXIII 592 presence in a high drug activity geographic area and such person is located in such an area; 3. Such person behaves in such a manner as to raise a reasonable suspicion that he or she is about to engage in or is then engaged in an unlawful drug-related activity, including, but not limited to, such person acting as a "lookout"; 4. Such person is a known member of a "gang" or association which has as its purpose illegal drug activity; for purposes of this Chapter, a "known" member of "gang" is a person, who has, within the knowledge of the arresting officer, been convicted in any court within the United States, within the previous year, of any violation involving illegal gang activity; 5. Such person transfers small objects or packages for currency in furtive fashion; 6. Such person takes flight upon the appearance of a police officer; 7. Such person manifestly endeavors to conceal himself or herself or any object which reasonably could be involved in an unlawful drug-related activity; 8. The area involved is known to be an area of unlawful drug use and trafficking. For purposes of this Section, an area "known to be an area of unlawful drug use" is a specifically defined geographic area, designated by the Chief of Police to be a known area of unlawful drug use; said designation being based on empirical data. C. No determination of intent shall be made absent an affirmative act by the person to be charged, which act or acts, when taken in context of the totality of the surrounding circumstances, shall constitute a substantial step towards the violation of the aforementioned drug laws. D. Any person violating the provisions of this section shall be fined not less than $1000 nor more than $1500 for each offense. E. A motor vehicle used in the violation of this section shall be subject to seizure and impoundment under this subsection. 1. The owner of record of such vehicle shall be liable to the city for an administrative penalty of $1,000.00 in addition to fees for the towing and storage of the vehicle. 2. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there VOLUME LXXIII AUGUST 13, 2008 593 is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under section 11.40.095 of this Code. 3. With the exception of the amount of the enumerated fine, the provisions of section 11.40.095 of this Code shall apply whenever a motor vehicle is seized and impounded pursuant to this section. Section 3. That Title 10 of the Elgin Municipal Code, 1976, as amended, entitled ―Public Peace, Morals and Welfare‖ be and is hereby further amended by adding thereto a new Chapter 10.37, entitled ―Prostitution and Prostitution-Related Offenses,‖ to read as follows: SECTION: 10.37.010: Definitions 10.37.020: House of Ill-Fame or Assignation 10.37.030: Directing Persons to Houses of Ill-Fame 10.37.040: Prostitution or Lewdness in Conveyances 10.37.050: Soliciting 10.37.060: Responding to Prostitutes 10.37.070: Motor Vehicle Impoundment 10.37.010: DEFINITIONS: As used in this chapter, unless the context otherwise requires: PUBLIC PLACE: Any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entrance ways to any building which fronts on any of the aforesaid places, or a motor vehicle in or on any such place, or any other public way. PROSTITUTION: Shall have the same meaning given that term in the Illinois Criminal Code of 1961, as amended. PANDERING: Shall have the same meaning given that term in the Illinois Criminal Code of 1961, as amended. SOLICITING FOR A PROSTITUTE: Shall have the same meaning given that term in the Illinois Criminal Code of 1961, as amended. 10.37.020: HOUSE OF ILL-FAME OR ASSIGNATION: A. Every house of ill-fame or house of assignation where men and women resort for the purpose of fornication, prostitution, or lewdness is hereby declared to be a nuisance. AUGUST 13, 2008 VOLUME LXXIII 594 B. No person shall keep or maintain a house of ill-fame or assignation, or a place for the practice of fornication, prostitution, or lewdness. C. Each 24 hours that such house or place shall be kept or maintained for such purpose shall constitute a separate and distinct offense. D. No person shall patronize, frequent, be found in, or be an inmate of any such house or place used for any of the purposes set forth in this section. E. No person shall lease to another any house, room, or other premises, in whole or in part, for any of the uses or purposes set forth in this section or knowingly permit the same to be used or occupied for such purposes. F. Any person violating the provisions of this section shall be fined not less than $1000 nor more than $1500 for each offense. 10.37.030: DIRECTING PERSONS TO HOUSES OF ILL FAME: A. No person knowingly shall direct, take, transport, or offer to direct, take, or transport, any person for immoral purposes to any other person, or assist any person by any means to seek or to find any prostitute or other person engaged in immoral practices, or any brothel, bawdy house, or any other place of ill-fame. B. Any person violating the provisions of this section shall be fined not less than $1000 nor more than $1500 for each offense. 10.37.040: PROSTITUTION OR LEWDNESS IN CONVEYANCES: A. No person shall knowingly receive any person for purposes of lewdness, assignation, or prostitution into or upon any vehicle or other conveyance or permit any person to remain for any of the said purposes in or upon any such vehicle or other conveyance. B. Any person violating the provisions of this section shall be fined not less than $1000 nor more than $1500 for each offense. 10.37.050: SOLICITING: A. No person shall by any overt acts in or upon the public ways or in any hotel, motel or other public place of accommodation or on public conveyances or in any establishment licensed to sell alcoholic beverages, offer to perform or solicit for another person to perform any act of prostitution. B. Any person violating the provisions of this section shall be fined not less than $1000 nor more than $1500 for each offense. VOLUME LXXIII AUGUST 13, 2008 595 10.37.060: RESPONDING TO PROSTITUTES: A. Any person who responds to the beckoning of a prostitute in a public place by inquiring about, negotiating for, accepting an offer of or engaging in an act of prostitution, or by allowing another into his or her motor vehicle for purposes of inquiring about, negotiating for, accepting an offer of or engaging in an act of prostitution , shall be guilty of a violation of this section. B. The chief of police shall make available to local newspapers, radio and television stations the names of all persons charged with violating this subsection. C. Any person violating the provisions of this section shall be fined not less than $1000 nor more than $1500 for each offense. 10.37.070: MOTOR VEHICLE IMPOUNDMENT: A. A motor vehicle that is used in the violation of section 10.37.030, 10.37.040, 10.37.050 or 10.37.060 of this chapter, or in the commission of prostitution as defined in section 11-14 of the Illinois Criminal Code of 1961, as amended, soliciting for a prostitute as defined in section 11 -15 of such code, soliciting for a juvenile prostitute as defined in section 11-18 of such code, or patronizing a juvenile prostitute as defined in section 11-18.1 of such code, shall be subject to seizure and impoundment under this subsection. 1. The owner of record of such vehicle shall be liable to the city for an administrative penalty of $1,000.00 in addition to fees for the towing and storage of the vehicle. 2. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under section 11.40.095 of this Code. 3. The provisions of section 11.40.095 of this Code shall apply whenever a motor vehicle is seized and impounded pursuant to this section. Section 4. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled ―Chronic Nuisance Property,‖ be and is hereby amended to amend section 10.44.020, entitled ―Definitions,‖ to read as follows: CHRONIC NUISANCE PROPERTY: Property upon which three (3) or more instances of any one or any combination of the behaviors listed below have occurred during any AUGUST 13, 2008 VOLUME LXXIII 596 one hundred twenty (120) day period, as a result of any three (3) separate factual events that have been independently investigated by any law enforcement agency: A. Disorderly conduct as defined in 720 Illinois Compiled Statutes 5/26-1, as amended. B. Unlawful use of weapons as defined in 720 Illinois Compiled Statutes 5/24-1 et seq., as amended. C. Mob action as defined in 720 Illinois Compiled Statutes 5/25-1, as amended. D. Discharge of a firearm as defined in 720 Illinois Compiled Statutes 5/24-1.2 and 1.5, as amended. E. Gambling as defined in 720 Illinois Compiled Statutes 5/28-1, as amended. F. Possession, manufacture or delivery of controlled substance as defined in 720 Illinois Compiled Statutes 570/401 et seq., as amended. G. Assault or battery or any related offense as defined in 720 Illinois Compiled Statutes 5/12-1 et seq., as amended. H. Sexual abuse or related offenses as defined in 720 Illinois Compiled Statutes 5/12-15 et seq., as amended. I. Public indecency as defined in 720 Illinois Compiled Statutes 5/11-9 et seq., as amended. J. Violations of any city of Elgin ordinance or state of Illinois statute controlling or regulating prostitution, as the term ―prostitution‖ is defined in 720 Illinois Compiled Statutes 5/11-14 et seq., as amended. K. Criminal damage to property as defined in 720 Illinois Compiled Statutes 5/21-1 et seq., as amended L. Possession, cultivation, manufacture or delivery of cannabis as defined in 720 Illinois Compiled Statutes 550/1 et seq., as amended M. Illegal consumption or possession of alcohol as defined in 235 Illinois Compiled Statutes 5/1 et seq., as amended. N. Violations of subsection 9.40.470A of this code relative to property care and maintenance. VOLUME LXXIII AUGUST 13, 2008 597 O. Violation of any city of Elgin ordinance or state of Illinois statute controlling or regulating the sale or use of alcoholic beverages. P. Violations of city of Elgin property maintenance code section 307 et seq., as amended, relative to rubbish and garbage. CONTROL: The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on that property. OWNER: Any person, agent, partnership, limited liability company or corporation, having any legal or equitable interest in the property. PERMIT: To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act. PERSON IN CHARGE: Any person in actual or constructive possession of a property, including, but not limited to, an owner-occupant of property under his or her domain, ownership or control. PROPERTY: Any real property, including land in that which is affixed, incidental or pertinent to land, including, but not limited to, any premises, room, house, building, or structure or any separate part or portion thereof, whether permitted or not. Section 5. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or inv alid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Robert Gilliam_____________ Robert Gilliam, Mayor Pro Tem AUGUST 13, 2008 VOLUME LXXIII 598 Presented: August 13, 2008 Passed: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: August 14, 2008 Published: August 15, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G56-08 PASSED GRANTING A MAP AMENDMENT FROM CF COMMUNITY FACILITY DISTRICT TO RC3 RESIDENCE CONSERVATION DISTRICT AND REPEALING ORDINANCE NO. G66-95 (300-302 DOUGLAS AVENUE) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Ordinance No.G56-08 AN ORDINANCE GRANTING A MAP AMENDMENT FROM CF COMMUNITY FACILITY DISTRICT TO RC3 RESIDENCE CONSERVATION DISTRICT AND REPEALING ORDINANCE NO. G66-95 (300 – 302 Douglas Avenue) WHEREAS, written application has been made requesting a map amendment from CF Community Facility District to RC3 Residence Conservation District, and Repealing Ordinance No. G66-95; 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. 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 July 7, 2008 made by Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. VOLUME LXXIII AUGUST 13, 2008 599 Section 2. That Ordinance No. G66-95 entitled ―An Ordinance Reclassifying Property at 300-302 Douglas Avenue and Granting a Conditional Use for a Planned Development to P ermit Offices‖ in the RC3 Residence Conservation District‖, passed September 13, 1995, be and is hereby repealed. Section 3. That Chapter 19.07, Section 19.07.600 entitled ―Zoning District Map‖ of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the RC3 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 RC3 Residence Conservation District, the following described:‖ Parcel One: The South 4 Rods of the North 16 Rods of the East 8 Rods of Block 7 of P.J. Kimball’s Jr. Third Addition to Elgin, in the City of Elgin, Kane County, Illinois. Parcel Two: That Part of Block 7 of P.J. Kimball’s Jr. Third Addition to Elgin, Described as Follows: Commencing at a Point on the East Line of Brook Street which 16 Rods South of the Northwest Corner of Said Block 7; thence East Parallel with the North Line of Said Block 7, 8 Rods, to the Point of Beginning; thence North parallel with Brook Street 4 Rods, thence East parallel with the North Line of Said Block, 4 Rods; thence South parallel with Brook Street 4 Rods; thence West parallel with the North Line of Said Block, 4 Rods to the Place of Beginning, in the City of Elgin, Kane County, Illinois (Property commonly known as 300- 302 Douglas Avenue). Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Passed: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: August 14, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk AUGUST 13, 2008 VOLUME LXXIII 600 RESOLUTION 08-191 ADOPTED APPROVING FINAL PLAT FOR TALL OAKS SUBDIVISION, UNIT 4 (TALL OAKS SUBDIVISION, 101 RUSSELL ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Resolution No. 08-191 RESOLUTION APPROVING FINAL PLAT FOR TALL OAKS SUBDIVISION, UNIT 4 (Tall Oaks Subdivision – 101 Russell Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Jacob & Hefner Associates, P.C. dated May 13, 2008 and last revised May 23, 2008 for Tall Oaks Subdivision, Unit Four. _s/ Robert Gilliam_______________ Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Adopted: August 13, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Figueroa made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. Hotel/Motel Tax for May 2008 State Use Tax for April 2008 Telecommunications Tax for April 2008 Emergency Telephone System Board Meeting Minutes for June 20, 2008 Heritage Commission Design Review Subcommittee meeting minutes for July 8, 2008 Highlands Golf Leadership Team Meeting Minutes for December 20, 2007 Parks and Recreation Advisory Board Meeting Minutes for April 29, 2008 & May 27, 2008 Veterans Memorial Park Committee Meeting Minutes for June 18, 2008 VOLUME LXXIII AUGUST 13, 2008 601 Zoning and Subdivision Hearing Board Meeting Minutes for April 16, 2008 Committee of the Whole Minutes for July 9, 2008 City Council Minutes for July 9, 2008 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Walters. Nays: None. The meeting adjourned at 7:40 p.m. s/ Diane Robertson August 27, 2008 Diane Robertson, City Clerk Date Approved