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HomeMy WebLinkAboutr - September 24, 2008 CC653 VOLUME LXXIII SEPTEMBER 24, 2008 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on September 24, 2008, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:35 p.m. The Invocation was given by Pastor Freddie Rodgers from the Second Baptist Church of Elgin and the Pledge of Allegiance was led by Assistant City Manager Sean Stegall. ROLL CALL Roll call was answered by Councilmembers Figueroa, Kaptain, Steffen, Walters and Mayor Schock. Absent: Councilmember Gilliam. MINUTES OF THE SEPTEMBER 10, 2008, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Steffen, to approve the September 10, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. COMMUNICATIONS Proclamation of October as Home and Community Education Month Mayor Schock read a proclamation recognizing October as Home and Community Education Month. Members of Kane County Home and Community Education Association were recognized and invited members of the community to visit Gail Borden Public Library to find out more about their organization. RECOGNIZE PERSONS PRESENT Jose Moreno, a resident of Kirk Avenue, expressed his concerns about the flooding issues in his neighborhood and is looking for some possible solutions. Mayor Schock stated that a comprehensive report would be given by staff at the next Council meeting. Gina Martin spoke on behalf of herself and Kate Clausen, who is a resident of Kirk Avenue. She expressed similar concerns as Mr. Moreno and requested the area be evaluated in regards to future flooding. She would also like support from the City in this regard. SEPTEMBER 24, 2008 VOLUME LXXIII 654 Marcus Banner expressed a complaint about the lack of police action in regards to a drunk driver. He would like to have this incident investigated. He also issued an invitation to the community to a meeting of ONE. Dennis Jurs, chair of the Elgin Cycling Committee, presented a report on the Elgin Cycling event. He also thanked all those who assisted with the event. Sigy Psimenos, president of Tyler Towers Homeowners Association, expressed concerns about the development at 500 N. McLean. She feels the developer has made changes to the project and that these should be thoroughly reviewed by the City. John Collins expressed his concerns regarding flooding at Cooper and Prescott. Luis Martinez expressed his concerns about flooding in the trailer park near Villa Street. Karen Hjelm expressed her concerns about flooding in her neighborhood and does not want a park built on the former Casa Linda property. BID 08-054 AWARDED TO CANON BUSINESS SOLUTIONS FOR THE LEASE OF SIX BLACK AND WHITE CONVENIENCE COPIERS FOR VARIOUS CITY DEPARTMENTS Councilmember Kaptain made a motion, seconded by Councilmember Walters, to award a contract to Canon Business Solutions in the amount of $77,118.84 for the lease of six black and white copiers for various City departments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-057 AWARDED TO COMPLETE FENCE FOR THE INSTALLATION OF BLACK ALUMINUM FENCING AT THE WING PARK GOLF COURSE Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Complete Fence in the amount of $64,659 for the installation of black aluminum fencing at Wing Park Golf Course. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-062 AWARDED TO VORIS MECHANICAL, INC. FOR MODIFICATIONS TO THE HVAC SYSTEM AT THE RIVERSIDE WATER FACILITY Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to award a contract to Voris Mechanical, Inc. for a total amount of $568,300 for modifications to the HVAC system at the Riverside Water Facility. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII SEPTEMBER 24, 2008 655 BID 08-067 AWARDED TO CONSERV FS AND LESCO INC. FOR GOLF COURSE CHEMICALS FOR THE CITY’S NEW GOLF HOLES AT THE HIGHLANDS OF ELGIN GOLF COURSE Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to award contracts to Conserv FS and Lesco Inc. for an estimated total of $30,594 for golf course chemicals and fertilizers for the City‘s new golf holes at the Highlands of Elgin Golf Course. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-072 AWARDED TO PAVEMENT SYSTEMS, INC. FOR PARKING LOT SEALING AND RESTRIPING OF NINE CITY PARKING LOTS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Pavement Systems, Inc. for a total amount of $33,801 for parking lot sealing and re- striping of nine City parking lots. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-073 AWARDED TO VARIOUS VENDORS FOR THE PURCHASE OF CERTAIN WATER TREATMENT CHEMICALS FOR 2008 Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to the various vendors listed below for certain water treatment chemicals for 2008. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. CHEMICAL AWARD TO Estimated Annual Quantity Dollars per Pound Ammonia, Bulk TANNER INDUSTRIES, Southampton, PA 180,000 $0.2300 Ammonia, Drums ALEXANDER CHEMICAL CORP., Downers Grove, IL 12,000 $0.4500 Carbon Dioxide CONTINENTAL CARBONIC, Decatur, IL 2,300,000 $0.0430 Caustic Soda K A STEEL CHEMICALS, Lemont, IL 800,00 $0.3100 Chlorine ALEXANDER CHEMICAL CORP., Downers Grove, IL 360,000 $0.2445 Ferric Sulfate GENERAL CHEMICAL PERFORMANCE 260,000 $0.2245 HFS, Bulk THATCHER, Missoula, MT 260,000 $0.3399 HFS, Drums ALEXANDER CHEMICAL CORP., Downers Grove, IL 6,000 $0.5454 Soda Ash THATCHER, Missoula, MT 1,800,000 $0.1957 SEPTEMBER 24, 2008 VOLUME LXXIII 656 BID 08-076 AWARDED TO FREEWAY FORD AND NORTHWEST FORD FOR THE PURCHASE OF SIX PICKUP TRUCKS AND ONE HYBRID SUV Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to award a contract to Freeway Ford in the amount of $91,318 for the purchase of four 2009 four wheel drive pickup trucks with plows; and award a contract to Northwest Ford for a total amount of $80,192 for two 2009 four wheel drive pickup trucks with plows and one 2009 four wheel drive Hybrid SUV. The six existing vehicles will be used as trade-ins for the new purchase vehicles. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-079 AWARDED TO SINNETT BUILDERS, INC. FOR THE BOWES ROAD SALT STORAGE FACILITY SITE IMPROVEMENTS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Sinnett Builders, Inc. in the amount of $310,400 for the Bowes Road Salt Storage Facility Site Improvements. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-080 AWARDED TO VERMEER MIDWEST, INC. FOR THE PURCHASE OF A TRAILER MOUNTED BRUSH CHIPPER FOR THE FORESTRY DIVISION OF THE PUBLIC WORKS DEPARTMENT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract to Vermeer Midwest, Inc. in the amount of $37,813 (after trade-in) for the purchase of one 2008 model year BC1800XL Trailer Mounted Brush Chipper for the Forestry Division of the Public Works Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-082 AWARDED TO MARTAM CONSTRUCTION INC. FOR THE U.S. ROUTE 20 WATER MAIN RELOCATION AT SHALES PARKWAY/BLUFF CITY BOULEVARD INTERSECTION PROJECT Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to award a contract to Martam Construction, Inc., in the amount of $707,216 for the U.S. Route 20 Water main Relocation at Shales Parkway/Bluff City Boulevard Intersection Project. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII SEPTEMBER 24, 2008 657 BID 08-083 AWARDED TO RECREATION CONCEPTS FOR THE PURCHASE OF PLAYGROUND EQUIPMENT FOR ZAYRE PARK Councilmember Steffen made a motion, seconded by Councilmember Figueroa, to award a contract to Recreation Concepts in the amount of $51,787.10 for the purchase of playground equipment for Zayre Park. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 28-08 APPROVED REQUESTING FINAL PLAT APPROVAL FOR RANDALL COMMONS SUBDIVISION; PROPERTY LOCATED AT 900 SOUTH RANDALL ROAD, BY PAR DEVELOPMENT, INC., AS APPLICANTS, AND 9N710 RANDALL ROAD L.L.C., GALLERY PROPERTIES L.L.C., AND SARASOTA LIGHTING & ACCESSORIES, AS OWNERS Jerry Deering, Community Development Director, presented the petition which will include two commercial structures located on approximately five acres of land. The Planning and Development Commission has recommended approval subject to two conditions. Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve Petition 28-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 47-08 APPROVED REQUESTING FINAL PLAT OF SUBDIVISION APPROVAL FOR ALFT-RANDALL DIVISION - HRT MEDICAL OFFICE BUILDING; PROPERTY LOCATED AT 1600 NORTH RANDALL ROAD, BY HEALTHCARE REALTY TRUST OF ILLINOIS, INC., AS APPLICANT AND OWNER Mr. Deering presented the petition which includes a medical office building on approximately six acres of land. The Planning and Development Commission has recommended approval subject to two conditions. Councilmember Steffen made a motion, seconded by Councilmember Walters, to approve Petition 47-08 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING ON PROPOSED SPECIAL SERVICE AREA 19 FOR THE RANDALL POINT EXECUTIVE CENTER AND THE RANDALL POINT EXECUTIVE CENTER II Mayor Schock declared the public hearing open. SEPTEMBER 24, 2008 VOLUME LXXIII 658 Corporation Counsel William Cogley reviewed the proposed Special Services Area and reported that a majority of the owners affected were in favor of this. He recognized Peter Bazos, attorney for seven of the nine applicants. There were no comments or questions from the audience or the Council. Mayor Schock declared the public hearing closed. RESOLUTION 08-227 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH CLAIM MANAGEMENT CONSULTANTS, L.L.C. FOR WORKERS COMPENSATION INSURANCE SERVICES Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-227 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH CLAIM MANAGEMENT CONSULTANTS, L.L.C. FOR WORKERS COMPENSATION INSURANCE SERVICES 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 Claim Management Consultants, LLC for workers compensation insurance services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 24, 2008 Adopted: September 24, 2008 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII SEPTEMBER 24, 2008 659 RESOLUTION 08-228 ADOPTED ACCEPTING THE PROPOSALS FOR LIMITED SELF-INSURANCE PROGRAMS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-228 RESOLUTION ACCEPTING THE PROPOSAL OF LUNDSTROM INSURANCE FOR LIMITED SELF-INSURANCE PROGRAM 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 accept the proposal on behalf of the City of Elgin of Lundstrom Insurance for the city‘s limited self - insurance program for the period October 1, 2008 through September 30, 2009 as follows: a. To award Safety National a $550,000 SIR worker's compensation proposal for a total excess premium cost of $91,803 b. To accept St. Paul‘s renewal for a premium cost of $803,628 and a claims administration fee of $61,000. c. To accept Indian Harbor Insurance Company‗s pollution liability policy for a premium cost of $80,838 for the period of October 1, 2008 through September 30, 2011. s/ Ed Schock Ed Schock, Mayor Presented: September 24, 2008 Adopted: September 24, 2008 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Kaptain made a motion, seconded by Councilmember Walters, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. SEPTEMBER 24, 2008 VOLUME LXXIII 660 PAYEE AMOUNT REASON Elgin Public House Elgin, IL $10,000 Center City Restaurant Assistance Program Prairie Rock Brewing Co. Elgin, IL $10,000 Center City Restaurant Assistance Program State Treasurer Chicago, IL $13,208.75 Illinois Worker‘s Compensation Rate Adjustment Fund and Second Injury Fund January 1, 2008 through June 30, 2008 CONSENT AGENDA By unanimous consent, Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass Ordinance Nos. G63-08 through G67-08, S13-08, and T32-08, as well as adopt Resolution Nos. 08-217 through 08-226 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 08-217 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ADAPTIVE DIGITAL SYSTEMS, INC. FOR PURCHASE OF SURVEILLANCE EQUIPMENT Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-217 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ADAPTIVE DIGITAL SYSTEMS, INC. FOR PURCHASE OF SURVEILLANCE EQUIPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Adaptive Digital Systems, Inc. for the purchase of surveillance equipment, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIII SEPTEMBER 24, 2008 661 Presented: September 24, 2008 Adopted: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-218 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH INTERFLEET, INC. FOR AN AUTOMATIC VEHICLES LOCATION SYSTEM Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-218 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH INTERFLEET, INC. FOR PURCHASE OF AN AUTOMATIC VEHICLE LOCATION SYSTEM 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 Interfleet, Inc. for the purchase of an automatic vehicle location system, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 24, 2008 Adopted: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk SEPTEMBER 24, 2008 VOLUME LXXIII 662 RESOLUTION 08-219 ADOPTED AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM GRANT AGREEMENT WITH MCGRATH NISSAN, INC. (945 EAST CHICAGO STREET) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-219 RESOLUTION AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM GRANT AGREEMENT WITH McGRATH NISSAN, INC. (945 East Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, I LLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Business Improvement Program Grant Program Agreement on behalf of the City of Elgin with McGrath Nissan, Inc. for the property located at 945 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 24, 2008 Adopted: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-220 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH GEKA BRUSH FOR PARTICIPATION IN THE JOBS INCENTIVES GRANT PROGRAM Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII SEPTEMBER 24, 2008 663 Resolution No. 08-220 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH GEKA BRUSH FOR PARTICIPATION IN THE JOBS INCENTIVES GRANT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with GEKA Brush to participate in the Jobs Incentives Grant Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 24, 2008 Adopted: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-221 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH SIEMENS ENERGY & AUTOMATION, INC. FOR DEVELOPMENT AT 950 TOLLGATE ROAD Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-221 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH SIEMENS ENERGY & AUTOMATION, INC. FOR DEVELOPMENT AT 950 TOLLGATE ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with Siemens SEPTEMBER 24, 2008 VOLUME LXXIII 664 Energy & Automation, Inc. for development at 950 Tollgate Road, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 24, 2008 Adopted: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-222 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH SIEMENS ENERGY & AUTOMATION, INC. FOR DEVELOPMENT AT RANDALL POINT BUSINESS PARK Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-222 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH SIEMENS ENERGY & AUTOMATION, INC. FOR DEVELOPMENT AT RANDALL POINT BUSINESS PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with Siemens Energy & Automation, Inc. for development at Randall Point Business Park, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIII SEPTEMBER 24, 2008 665 Presented: September 24, 2008 Adopted: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-223 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH JOEL KENNEDY CONSTRUCTION CORPORATION FOR PHASE II OF THE JOINT DISPOSAL FORCE MAIN PROJECT Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-223 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH JOEL KENNEDY CONSTRUCTION CORPORATION FOR PHASE II OF THE JOINT DISPOSAL FORCE MAIN PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Joel Kennedy Construction Corporation for Phase II of the Joint Disposal Force Main Project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor SEPTEMBER 24, 2008 VOLUME LXXIII 666 Presented: September 24, 2008 Adopted: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-224 ADOPTED APPROVING CHANGE ORDER NO. 5 IN THE CONTRACT WITH WEAVER CONSTRUCTION FOR CONSTRUCTION ACTIVITIES AT FIRE STATION 7 Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-224 RESOLUTION APPROVING CHANGE ORDER NO. 5 IN THE CONTRACT WITH WEAVER CONSTRUCTION FOR CONSTRUCTION ACTIVITIES AT FIRE STATION 7 WHEREAS, the City of Elgin has heretofore entered into a contract with Weaver Construction, Inc. for construction activities at Fire Station 7; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 5, 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. 5, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 24, 2008 Adopted: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII SEPTEMBER 24, 2008 667 RESOLUTION 08-225 ADOPTED APPROVING CHANGE ORDER NO. 6 IN THE CONTRACT WITH ELLIOTT AND WOOD, INC. FOR CONSTRUCTION ACTIVITIES AT FIRE STATION 7 Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-225 RESOLUTION APPROVING CHANGE ORDER NO. 6 IN THE CONTRACT WITH ELLIOTT AND WOOD, INC. FOR CONSTRUCTION ACTIVITIES AT FIRE STATION 7 WHEREAS, the City of Elgin has heretofore entered into a contract with Elliott and Wood, Inc. for construction activities at Fire Station 7; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 6, 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. 6, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 24, 2008 Adopted: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-226 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. SEPTEMBER 24, 2008 VOLUME LXXIII 668 Resolution No. 08-226 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ELGIN, ILLINOIS, that Fred Brach be and is hereby appointed as a member of the Centre Advisory Board, for a term to expire July 1, 2010. BE IT FURTHER RESOLVED that Richard Pahl be and is hereby appointed as a member of the Cultural Arts Commission, for a term that expires November1, 2008. BE IT FURTHER RESOLVED that E. C. ―Mike‖ Alft be and is hereby appointed as a member of the Image Advisory Commission for a term to expire May 1, 2011. BE IT FURTHER RESOLVED that Susan McIntyre be and is hereby appointed as a member of the Image Advisory Commission for a term to expire May 1, 2011. BE IT FURTHER RESOLVED that Lewis Gordon be and is hereby appointed as a member of the Planning & Development commission for a term that expires July1, 2011. BE IT FURTHER RESOLVED that Pamela Bertolami, Carol Gebelt, Barbara Poole, and Joli Sumoski be and are hereby reappointed as a member of the Centre Advisory Board, for a term that expires July 1, 2009. s/ Ed Schock Ed Schock, Mayor Presented: September 24, 2008 Adopted: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G63-08 PASSED AMENDING CHAPTER 11.45 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “MOTOR-DRIVEN CYCLES” Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII SEPTEMBER 24, 2008 669 Ordinance No. G63-08 AN ORDINANCE AMENDING CHAPTER 11.45 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED ―MOTOR-DRIVEN CYCLES‖ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Section 1. That Chapter 11.45 of the Elgin Municipal Code, 1976, as amended, entitled "Motor-Driven Cycles," be and is hereby amended to amend Section 11.45.040, entitled ―Exemptions,‖ to read as follows: A. Any police vehicle, fire vehicle, city owned vehicle or vehicles owned by any other governmental unit driven by an employee of such governmental unit in the course of his or her duties shall be permitted to operate any motor driven or electric cycle on any public or private street, parking lot, sidewalk, bike path or public park as may be necessary in the performance of his or her duties. B. ―Motorized wheelchairs,‖ as defined by 625 Illinois Compiled Statutes 5/1-148.3, as amended, are exempt from the prohibitions of this chapter. C. A ―motor driven cycle,‖ as that term is defined in section 1-145.001 of the Illinois Vehicle Code, as amended, and a ―motorized pedalcycle,‖ as that term is defined in section 1-148.2 of the Illinois Vehicle Code, as amended, may be operated on any public or private street, highway or roadway in the city when the operator of any such motor driven cycle or motorized pedalcycle has a valid Illinois driver‘s license issued in his or her name by the Illinois Secretary of State, or when such operator is a non-resident who has in his or her immediate possession a valid license issued to him or her in his or her home state or country for the period during which he or she is in Illinois. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor SEPTEMBER 24, 2008 VOLUME LXXIII 670 Presented: September 24, 2008 Passed: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: September 25, 2008 Published: September 26, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S13-08 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (BURNIDGE PROPERTY/EAGLES CLUB-1600 EAGLE ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. S13-08 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Burnidge Property/Eagles Club–1600 Eagle Road) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: VOLUME LXXIII SEPTEMBER 24, 2008 671 Parcel Two: That Part of the Southeast ¼ of Section 9 and Part of the Southwest ¼ of Section 10 and Part of the Northwest ¼ of Section 15 and Part of the Northeast ¼ of Section 16, all in Township 41 North, Range 8 East of the Third Principal Meridian, Described as Follows: Commencing at the Northeast Corner of Said Section 16; Thence South 90 Degrees 00 Minutes 00 Seconds West, Along the North Line of Said Section 16, a Distance of 348.07 Feet (Record Being 348.48 Feet) to the Southeast Corner of Valley Creek Unit No. 1, Being a Subdivision of Part of the South ½ of Aforesaid Section 9, According to the Plat Thereof Recorded March 29, 1979 as Document No. 1498364 Said Point Being on the Easterly Line of North Lyle Avenue per Plat of Dedication per Document No. 1500679, for the Point of Beginning; Thence South 01 Degrees 31 Minutes 22 Seconds West, Along Said Easterly Line of North Lyle Avenue, a Distance of 30.81 Feet; Thence Southerly, Along Said Easterly Right of Way Line, Being Along a Curve to the Right, Having a Radius of 1,513.35 Feet, an Arc Distance of 206.01 Feet; Thence South 01 Degrees 31 Minutes 22 Seconds West, Along Said Easterly Right of Way Line and Tangent to the Last Described Curve, a Distance of 90.94 Feet to the Northwest Corner of Hoover‘s Resubdivision, Being a Subdivision of Part of Aforesaid Section 16, per Document No. 1560211; Thence South 88 Degrees 28 Minutes 38 Seconds East, along the North Line and the North Line Extended of Said Hoover‘s Resubdivision, a Distance of 475.26 Feet; Thence South 14 Degrees 03 Minutes 58 Seconds West, Along a Line Forming an Angle of 102 Degrees 32 Minutes 36 Seconds (Record Being 102 Degrees 32 Minutes) to the Right with the Prolongation of the Last Described Course, a Distance of 154.01 Feet (Record Being 154.25 Feet) to a Point that is 431.32 Feet Northerly of the Center Line of Highland Avenue Road, as Measured Along the Southerly Extension of the Last Described Course; Thence South 67 Degrees 28 Minutes 50 Seconds East, Along a Line Forming an Angle of 81 Degrees 32 Minutes 48 Seconds (Record Being 81 Degrees 36 Minutes) to the Left with the Prolongation of the Last Described Course, a Distance of 358.38 Feet (Record Being 360.00 Feet) to a Point on the West Line of Spring Cove, Being a Subdivision of Part of Said Section 15 According to the Plat Thereof Recorded January 24, 1983 as Document No.1627854, that is 372.00 Feet Northerly of (Measured Along Said West Line) the Southwest Corner of Spring Cove; Thence North 01 Degrees 02 Minutes 54 Seconds East, Along the West Line of Spring Cove, and Along the Northerly Extension of Said West Line, also Being Parallel with the West Line of Said Section 15, a Distance of 633.17 Feet to the North Line of Said Section 15; Thence North 01 Degrees 10 Minutes 09 Seconds East, Parallel with West Line of Aforesaid Section 10, a Distance of 445.50 Feet; Thence South 89 Degrees 09 Minutes 43 Seconds West, Parallel with the South Line of Said Section 10, a Distance of 437.58 Feet to the West Line of Said Section 10, Thence South 90 Degrees 00 Minutes 00 Seconds West, Parallel with the South Line of Aforesaid Section 9, a Distance of 414.25 Feet (Record Being 414.48 Feet) to the East Line of Aforesaid Valley Creek Unit No. 1; Thence South 01 Degrees 08 Minutes 56 Seconds West, Along the East Line of Valley SEPTEMBER 24, 2008 VOLUME LXXIII 672 Creek Unit No. 1, a Distance of 189.49 Feet; Thence Southeasterly, Along Said Easterly Line of Valley Creek Unit No. 1, Being Along a Curve to the Right Hand a Radius of 1,513.35 Feet, an Arc Distance of 195.66 Feet to a Jog in Said Easterly Line; Thence North 90 Degrees 00 Minutes 00 Seconds East, Along Said Jog, a Distance of 15.96 Feet; Thence South 01 Degrees 08 Minutes 56 Seconds West, Along Said Easterly Line of Valley Creek Unit No. 1, a Distance of 66.00 Feet to the Point of Beginning; Being Situated in Elgin Township, Kane County, Illinois. Eagles Club Property Part of Sections 9 and 10, Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, Described as Follows: Beginning at a Point in the West Line of Said Section 10 that is 447 Feet North of the Southwest Corner of Said Section 10; Thence Westerly, Parallel with the South Line of Said Section 9, a Distance of 412.88 feet to the East Line of Valley Creek Unit No. 1, Being a Subdivision of Part of the South Half of Said Section 9; Thence Northerly Along the East Line of Valley Creek Unit No. 1, and an East Line of Valley Creek Unit No. 3, Being a Subdivision of Part of the Southeast Quarter of Said Section 9 and Part of the Southwest Quarter of Said Section 10, a Distance of 1001.90 Feet; Thence Easterly Along a South Line of Valley Creek Unit No. 3, and a South Line of Valley Creek Unit No. 9 a Distance of 409.30 Feet; Thence Easterly Along the South Line of Anderson Brothers Eagle Heights Unit No. 4, Being a Subdivision of Part of the South East Quarter of Said Section 9 and Part of the West Half of Said Section 10, and the South Line of Anderson Brothers Eagles Heights Unit No. 2, Being Resubdivision of Part of Said Section 10, a Distance of 1,324.83 Feet (Record Distance Being 1734.59 Feet); Thence Southerly Along the East Line of the West Half of the Southwest Quarter of Said Section 10, a Distance of 1000.50 Feet; Thence Westerly 1,325.76 (Record 1327.09‘) Feet to the Point of Beginning, in Kane County, Illinois (Property Commonly Known as 1600 Eagle Road). Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIII SEPTEMBER 24, 2008 673 Presented: September 24, 2008 Passed: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: September 25, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G64-08 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT (BURNIDGE PROPERTY/EAGLE’S CLUB-1600 EAGLE ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G64-08 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT (Burnidge Property / Eagle‘s Club - 1600 Eagle Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a CF Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommended approval; 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 CF Community Facility District, the following described property: SEPTEMBER 24, 2008 VOLUME LXXIII 674 ―The boundaries herein before laid out in the ‗Zoning District Map‘, as amended, be and are hereby altered by including in the CF Community Facility District, the following described:‖ Parcel Two: That Part of the Southeast ¼ of Section 9 and Part of the Southwest ¼ of Section 10 and Part of the Northwest ¼ of Section 15 and Part of the Northeast ¼ of Section 16, all in Township 41 North, Range 8 East of the Third Principal Meridian, Described as Follows: Commencing at the Northeast Corner of Said Section 16; Thence South 90 Degrees 00 Minutes 00 Seconds West, Along the North Line of Said Section 16, a Distance of 348.07 Feet (Record Being 348.48 Feet) to the Southeast Corner of Valley Creek Unit No. 1, Being a Subdivision of Part of the South ½ of Aforesaid Section 9, According to the Plat Thereof Recorded March 29, 1979 as Document No. 1498364 Said Point Being on the Easterly Line of North Lyle Avenue per Plat of Dedication per Document No. 1500679, for the Point of Beginning; Thence South 01 Degrees 31 Minutes 22 Seconds West, Along Said Easterly Line of North Lyle Avenue, a Distance of 30.81 Feet; Thence Southerly, Along Said Easterly Right of Way Line, Being Along a Curve to the Right, Having a Radius of 1,513.35 Feet, an Arc Distance of 206.01 Feet; Thence South 01 Degrees 31 Minutes 22 Seconds West, Along Said Easterly Right of Way Line and Tangent to the Last Described Curve, a Distance of 90.94 Feet to the Northwest Corner of Hoover‘s Resubdivision, Being a Subdivision of Part of Aforesaid Section 16, per Document No. 1560211; Thence South 88 Degrees 28 Minutes 38 Seconds East, along the North Line and the North Line Extended of Said Hoover‘s Resubdivision, a Distance of 475.26 Feet; Thence South 14 Degrees 03 Minutes 58 Seconds West, Along a Line Forming an Angle of 102 Degrees 32 Minutes 36 Seconds (Record Being 102 Degrees 32 Minutes) to the Right with the Prolongation of the Last Described Course, a Distance of 154.01 Feet (Record Being 154.25 Feet) to a Point that is 431.32 Feet Northerly of the Center Line of Highland Avenue Road, as Measured Along the Southerly Extension of the Last Described Course; Thence South 67 Degrees 28 Minutes 50 Seconds East, Along a Line Forming an Angle of 81 Degrees 32 Minutes 48 Seconds (Record Being 81 Degrees 36 Minutes) to the Left with the Prolongation of the Last Described Course, a Distance of 358.38 Feet (Record Being 360.00 Feet) to a Point on the West Line of Spring Cove, Being a Subdivision of Part of Said Section 15 According to the Plat Thereof Recorded January 24, 1983 as Document No.1627854, that is 372.00 Feet Northerly of (Measured Along Said West Line) the Southwest Corner of Spring Cove; Thence North 01 Degrees 02 Minutes 54 Seconds East, Along the West Line of Spring Cove, and Along the Northerly Extension of Said West Line, also Being Parallel with the West Line of Said Section 15, a Distance of 633.17 Feet to the North Line of Said Section 15; Thence North 01 Degrees 10 Minutes 09 Seconds East, Parallel with West Line of Aforesaid Section 10, a Distance of 445.50 Feet; Thence South 89 Degrees 09 Minutes 43 Seconds West, Parallel with the South Line of Said Section 10, a Distance of 437.58 Feet to the West Line of Said VOLUME LXXIII SEPTEMBER 24, 2008 675 Section 10, Thence South 90 Degrees 00 Minutes 00 Seconds West, Parallel with the South Line of Aforesaid Section 9, a Distance of 414.25 Feet (Record Being 414.48 Feet) to the East Line of Aforesaid Valley Creek Unit No. 1; Thence South 01 Degrees 08 Minutes 56 Seconds West, Along the East Line of Valley Creek Unit No. 1, a Distance of 189.49 Feet; Thence Southeasterly, Along Said Easterly Line of Valley Creek Unit No. 1, Being Along a Curve to the Right Hand a Radius of 1,513.35 Feet, an Arc Distance of 195.66 Feet to a Jog in Said Easterly Line; Thence North 90 Degrees 00 Minutes 00 Seconds East, Along Said Jog, a Distance of 15.96 Feet; Thence South 01 Degrees 08 Minutes 56 Seconds West, Along Said Easterly Line of Valley Creek Unit No. 1, a Distance of 66.00 Feet to the Point of Beginning; Being Situated in Elgin Township, Kane County, Illinois. Eagles Club Property Part of Sections 9 and 10, Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, Described as Follows: Beginning at a Point in the West Line of Said Section 10 that is 447 Feet North of the Southwest Corner of Said Section 10; Thence Westerly, Parallel with the South Line of Said Section 9, a Distance of 412.88 feet to the East Line of Valley Creek Unit No. 1, Being a Subdivision of Part of the South Half of Said Section 9; Thence Northerly Along the East Line of Valley Creek Unit No. 1, and an East Line of Valley Creek Unit No. 3, Being a Subdivision of Part of the Southeast Quarter of Said Section 9 and Part of the Southwest Quarter of Said Section 10, a Distance of 1001.90 Feet; Thence Easterly Along a South Line of Valley Creek Unit No. 3, and a South Line of Valley Creek Unit No. 9 a Distance of 409.30 Feet; Thence Easterly Along the South Line of Anderson Brothers Eagle Heights Unit No. 4, Being a Subdivision of Part of the South East Quarter of Said Section 9 and Part of the West Half of Said Section 10, and the South Line of Anderson Brothers Eagles Heights Unit No. 2, Being Resubdivision of Part of Said Section 10, a Distance of 1,324.83 Feet (Record Distance Being 1734.59 Feet); Thence Southerly Along the East Line of the West Half of the Southwest Quarter of Said Section 10, a Distance of 1000.50 Feet; Thence Westerly 1,325.76 (Record 1327.09‘) Feet to the Point of Beginning, in Kane County, Illinois (Property Commonly Known as 1600 Eagle Road). Section 2. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor SEPTEMBER 24, 2008 VOLUME LXXIII 676 Presented: September 24, 2008 Passed: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: September 25, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G65-08 PASSED GRANTING A CONDITIONAL USE FOR KENNEL WITH OVERNIGHT BOARDING, DOG DAY CARE, GROOMING AND TRAINING IN THE AB AREA BUSINESS DISTRICT (1977 AND 1999 LARKIN AVENUE) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G65-08 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A KENNEL WITH OVERNIGHT BOARDING, DOG DAY CARE, GROOMING AND TRAINING IN THE AB AREA BUSINESS DISTRICT (1977 and 1999 Larkin Avenue) WHEREAS, written application has been made requesting conditional use approval for a kennel with overnight board, dog day care, grooming and training in the AB Area Business District; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated August 20, 2008, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. VOLUME LXXIII SEPTEMBER 24, 2008 677 Section 2. That a conditional use to permit the establishment of a kennel with overnight boarding, dog day care, grooming and training in the AB Area Business District at 1977 and 1999 Larkin Avenue and legally described as follows: Lot 7, 8 and 9 in Map 5 of Fox River Hills, in the City of Elgin, Kane County, Illinois (Property Commonly Known as 1977 and 1999 Larkin Avenue). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted with the development application and cover letter signed by Katie A. Manno, Hurlbut & Hurlbut, P.C, dated May 16, 2008, last revised August 11, 2008. 2. Substantial conformance to the Sound Proofing Statement, Cleanliness and Waste Management Plan, dated May 16, 2008, and F.Y.D.O Land Business Plan, dated April 18, 2008, prepared by Robin Massey and Richard Zelek. 3. Substantial conformance to the Site Plan (Sheet AS-1), Floor Plan (Sheet A1-1), and Elevations (Sheet A1-2), prepared by Allen Pepa Architects, Elgin Studio Inc. dated March 25, 2008, last revised April 4, 2008. 4. Substantial conformance to the Landscape Plan (Sheet L-100), prepared by Paul Schartz, Registered Landscape Architect, dated July 24, 2008. 5. There shall be no more that 15 dogs staying overnight at any one given time. 6. There shall be no more than 10 dogs at any given time for a maximum of 30 minutes in the dog run area. 7. All training classes shall be held indoors. Classes shall be held no more than three days per week, between the hours of 6:00 P.M. to 9:00 P.M. Monday through Friday and 10:00 A.M. to 1:00 P.M. on Saturdays. There shall be no more than 10 dogs per class. 8. All the required and proposed landscape materials shall be installed as part of Phase 1 prior to the issuance of an occupancy permit, excluding the trees within the transition landscape yard, which are to be installed prior to November 15, 2009. 9. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. SEPTEMBER 24, 2008 VOLUME LXXIII 678 Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: September 24, 2008 Passed: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: September 25, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G66-08 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A RESTAURANT IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, AND TO PERMIT A DRIVE-THROUGH FACILITY AND AN OUTDOOR EATING AND DRINKING FACILITY IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (1337 DUNDEE AVENUE) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G66-08 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A RESTAURANT IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, AND TO PERMIT A DRIVE-THROUGH FACILITY AND AN OUTDOOR EATING AND DRINKING FACILITY IN THE NB NEIGHBORHOOD BUSINESS DISTRICT (1337 Dundee Avenue) WHEREAS, written application has been made for a conditional use for a planned development to permit the construction of a restaurant in the ARC Arterial Road Corridor Overlay District and to permit a ―Drive-Through Facility‖ and an ―Outdoor Eating and Drinking Facility‖ in the NB Neighborhood Business District at 1337 Dundee Avenue; and VOLUME LXXIII SEPTEMBER 24, 2008 679 WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated August 20, 2008, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a planned development to permit the construction of a restaurant in the ARC Arterial Road Corridor Overlay District and to permit a ―Drive- Through Facility‖ and an ―Outdoor Eating and Drinking Facility‖ in the NB Neighborhood Business District at 1337 Dundee Avenue, and legally described as follows: Parcel One: Lot 4 (Except Part Taken in Case 71ED1258 by State of Illinois Described as Follows: Beginning at the Southwest Corner of Said Lot 4; Thence 18 Feet Northeasterly Along the West Line of Said Lot 4; Thence 22 Feet Southeasterly to a Point on the South Line of Said Lot 4; Thence 18 Feet Westerly to the Point of Beginning) in Block 2 of Trout Park Subdivision, in the City of Elgin, Kane County, Illinois. Parcel Two: Lot 5 in Block 2 of Trout Park Subdivision, in the City of Elgin, Kane County, Illinois. Parcel Three: Lot 3 in Block 2 of Trout Park Subdivision, in the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by LandVision, dated August 7, 2008. 2. Substantial Conformance to the Development Plan for Beef Villa , inclusive of the following plan sheets: a. Beef Villa Relocation; Exhibit A - Site Plan prepared by LandVision, dated August 11, 2008. The access drive along Dundee Avenue and landscaping are subject to revisions per the Community Development Group. b. Beef Villa Relocation; Preliminary Plan prepared by LandVision , dated August 11, 2008. The access drive along Dundee Avenue is subject to SEPTEMBER 24, 2008 VOLUME LXXIII 680 revisions per the Community Development Group. c. Beef Villa Relocation; Architectural Exhibit prepared by LandVision, dated August 11, 2008. d. Beef Villa Relocation; Landscape Plan, Sign Detail and Fence Detail prepared by LandVision, dated August 11, 2008. Landscaping adjacent to the access drive along Dundee Avenue is subject to revisions per the Community Development Group. 3. Designate the 6 parking spaces adjacent to the drive-through stacking lane as employee parking spaces. 4. Provide Beef Villa wall signs in accordance to the requirements of Chapter 19.50 Street Graphics. 5. Compliance with all other applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within two years from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: September 24, 2008 Passed: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: September 25, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII SEPTEMBER 24, 2008 681 ORDINANCE G67-08 PASSED AMENDING ORDINANCE G49-08 CLASSIFYING TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (GOOD SHEPHERD EVANGELICAL CHURCH SUBDIVISION-195 NESLER ROAD AND GOOD SHEPHERD CROSSING-3145 AND 3151 ROUTE 20AND 195 NESLER ROAD) Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G67-08 AN ORDINANCE AMENDING ORDINANCE G49-08 CLASSIFYING TERRITORY IN THE PAB PLANNED AREA BUSINESS DISTRICT (Good Shepherd Evangelical Lutheran Church Subdivision – 195 Nesler Road and Good Shepherd Crossing - 3145 and 3151 Route 20 and 195 Nesler Road ) WHEREAS, written application has been made to amend Ordinance No. G49-08, entitled ―An Ordinance Classifying Newly Annexed Territory in the PAB Planned Area Business District‖; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommended approval; 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, Ordinance No. G49-08 be and is hereby amended in its entirety to read as follows: Section 1. That Chapter 19.07, Section 19.07.600 entitled ―Zoning District Map‖ of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: ―The boundaries herein before laid out in the ‗Zoning District Map‘, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property:‖ That part of Section 18, Township 41 north, Range 8 east of the Third Principal Meridian described as follows: commencing at the intersection of the center line of U.S. Route 20 as shown on Document 2007K088001 with the center line of Nesler Road as dedicated by Document 1363891; thence S31°10‘27‖"W along said center line of Nesler Road, 412.52 feet; thence S59°54‘30‖E, 40.60 feet for a point of beginning; thence N34°10'56"E, 84.60 feet; thence N31°11'49"E, 268.19 SEPTEMBER 24, 2008 VOLUME LXXIII 682 feet; thence N70°30'46"E, 25.81 feet; thence S65°31'13"E, 524.38 feet; thence S21°00'27"W, 301.62 feet; thence N65°20'54"W, 373.93 feet; thence S31°11'49"W, 90.18 feet; thence N59°54'30"W, 223.45 feet to the point of beginning in the City of Elgin, Kane County, Illinois. Section 2. That the development of this PAB Planned Area Business District as described in Section 1 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PAB zoning district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting populations, subject to the provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol ―[SR]‖, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PAB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB zoning district exclusive of rights -of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PAB zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated ―land uses‖ [SR] shall be the only land uses allowed as a ―permitted use‖ [SR] in this PAB zoning district: Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the AB Area Business District: 1. Offices Division: "Offices" [SR] (UNCL). 2. Finance, Insurance, and Real Estate Division: VOLUME LXXIII SEPTEMBER 24, 2008 683 "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). Computer programming, data processing and other computer- related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Garment pressing, and agents for laundries and dry cleaners (7212). Home health care services (808). Job training and vocational rehabilitation services (833). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Miscellaneous personal services not elsewhere classified (7299). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Photofinishing laboratories (7384). Photographic studios, portrait (722). Professional sports operators and promoters (7941). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Theatrical producers (792). Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair (763). SEPTEMBER 24, 2008 VOLUME LXXIII 684 4. Retail Trade Division: Apparel and accessory stores (56). Building materials, hardware and garden supply (52). Carryout restaurants (5812). Catalog and mail-order houses (5961). Convenience food stores, operated on a twenty four (24) hour basis (5411). Direct selling establishments (5963). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). Tobacco stores (5993). 5. Agricultural Division: Dog grooming (0752). Landscape counseling and planning (0781). Veterinary services for household pets (0742). 6. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 7. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 8. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators' offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47 of this Title (UNCL). Local and suburban passenger transportation operators' offices (411). VOLUME LXXIII SEPTEMBER 24, 2008 685 Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). 9. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Drive-through facilities" [SR], subject to the provisions of Chapter 19.45 of this Title. "Fences and walls" [SR] (UNCL). "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. "Graphics" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Temporary uses" [SR] (UNCL). Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in the AB Area Business District: 1. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Services Division: Bowling centers (7933). Child daycare services (835). Dance halls (7911). "Home child daycare services" [SR] (8351). Membership organizations (86). Membership sports and recreation clubs (7997). Other schools and educational services (829). Physical fitness facilities (7991). SEPTEMBER 24, 2008 VOLUME LXXIII 686 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). Pipelines, except natural gas (461). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 6. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.55 of this Title. G. Site Design. In this PAB District, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. In this PAB District, the use and development of land and structures shall be subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Tracy Kasson, dated April 18, 2008. 2. Substantial Conformance to the Development Plan for Good Shepherd Crossing Retail Center, inclusive of the following plan sheets: a. Site Plan prepared by Craig R. Knoche & Associates Civil Engineers, P.C., dated last revised April 19, 2008; b. Color-rendered Exterior Building Elevations Plan prepared by Arcline Associates, dated last revised February 05, 2008; VOLUME LXXIII SEPTEMBER 24, 2008 687 c. Floor Plan prepared by Arcline Associates, dated last revised January 7, 2008; d. Color-rendered Landscaping Plan prepared by Arcline Associates, dated last revised April 24, 2008, subject to revisions per the Community Development Group; and e. Monument Sign and Trash Enclosure Exhibit prepared by Arcline Associates, dated last revised February 5, 2008, and Monument Sign Exhibit prepared by Arcline Associates, dated last revised April 27, 2008, subject to revisions per the Community Development Group. The sign that is identified in the Monument Sign and Trash Enclosure Exhibit will be placed along Nesler Road and the sign that is identified in the Monument Sign Exhibit will be placed along Route 20. 3. Submission of an access easement and parking lot easement to allow shared access and parking lot interconnections between the subject property and the properties to the east and west. Submission of a landscape easement to allow required landscaping along the south lot line of the property. Copies of these easement agreements must be received by the Community Development Department prior to the issuance of building permits. 4. Construction of the refuse collection area must be of the same building materials and the same color as the principal building. 5. Conformance to all other applicable codes and ordinances. In this PAB district, the following conditions shall apply to the site design requirements for Lot 2 of Good Shepherd Crossing subdivision: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Peter C. Bazos, Esq., dated August 12, 2008. 2. Substantial Conformance to the Development Plan for The National Bank, inclusive of the following plan sheets: e. Architectural Site Plan and Monumental Signage Plan prepared by Dahlquist & Lutzow Architects, Ltd., dated July 28, 2008; f. Architectural Landscape Plan prepared by Craig R. Knoche & Associates., dated last revised July 16, 2008; g. Architectural Elevations Plan prepared by Dahlquist & Lutzow Architects, Ltd., dated July 21, 2008; h. Exhibit of Rendering of North Elevation prepared by Dahlquist & Lutzow Architects, Ltd., dated July 21, 2008; i. Architectural Signage Concept Elevation prepared by Dahlquist & SEPTEMBER 24, 2008 VOLUME LXXIII 688 Lutzow Architects, Ltd., dated July 21, 2008. 3. Provide easements that allow shared access and parking lot interconnections between the subject property and the properties to the south and east. Copies of these easement agreements will need to be submitted to the Community Development Department prior to the issuance of building permits. 4. Construct the refuse collection area of the same building material and in the same color as the principal building. 5. Three freestanding monument signs are proposed on the zoning lot consisting of THE National Bank, the Rosati Retail Shops, and the Good Shepherd Lutheran Church. These signs include the two signs being proposed for THE National Bank and one sign being proposed for the Good Shepherd Lutheran Church. No other freestanding signs will be allowed on this zoning lot. 6. Conformance to all other applicable codes and ordinances. H. Off-street Parking. In this PAB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PAB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Street Graphics of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PAB zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PAB zoning district authorize such an application. L. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot 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. VOLUME LXXIII SEPTEMBER 24, 2008 689 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 apetition of a lot or property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners in this PAB zoning di strict authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. R. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the contrary in this ordinance, the use and the development of the subject property in this PAB zoning district shall also be subject to the regulations of the ARC Arterial Road Corridor Overlay District. In the event of any conflict between the regulations in the ARC Arterial Road Corridor Overlay District and other provisions of this ordinance, the regulations of the ARC Arterial Road Corridor Overlay District shall control. SEPTEMBER 24, 2008 VOLUME LXXIII 690 Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: September 24, 2008 Passed: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: September 25, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T32-08 PASSED AMENDING TEMPORARY ORDINANCE T30-08 RELATING TO CHAPTER 11.60 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ESTABLISHING PARKING RESTRICTIONS IN DESIGNATED AREAS ON ODD AND EVEN NUMBERED DAYS Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. T32-08 AN ORDINANCE AMENDING TEMPORARY ORDINANCE T30-08 RELATING TO 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 Ordinance T30-08, establishing parking restrictions in designated areas on odd- and even-numbered days be and is hereby amended to amend section 1, subparagraph B of said ordinance to read as follows: B. The parking restrictions of subparagraph A of this section shall apply on each of the streets located within the following defined areas: VOLUME LXXIII SEPTEMBER 24, 2008 691 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. 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, with the exception of Chicago Street between Center Street and Gifford Street; Fulton Street between Chapel Street and Gifford Street; Chapel Street between DuPage Street and Fulton Street; DuPage Street between Chapel Street and Park Row; and, Park Row between DuPage Street and Fulton Street. 4. Area 4—Cobblers Crossing South: The following streets within the areas bounded by the south line of Congdon Avenue on the north, the 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. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor SEPTEMBER 24, 2008 VOLUME LXXIII 692 Presented: September 24, 2008 Passed: September 24, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: September 25, 2008 Published: September 26, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Steffen made a motion, seconded by Councilmember Figueroa, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Centre Advisory Board Minutes for July 10, 2008 Heritage Design Review Subcommittee Minutes for August 12, 2008 and August 26, 2008 Parks and Recreation Advisory Board Minutes for July 29, 2008 Planning and Development Commission Minutes for July 21, 2008 Zoning and Subdivision Hearing Board Minutes for August 6, 2008 Committee of the Whole Minutes for September 10, 2008 City Council Minutes for September 10, 2008 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 8:15 p.m. s/ Diane Robertson October 8, 2008 Diane Robertson, City Clerk Date Approved