Loading...
HomeMy WebLinkAbouts - October 8, 2008 CC693 VOLUME LXXIII OCTOBER 8, 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 October 8, 2008, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:15 p.m. The Invocation was given by Pastor Willie Tate of Progressive Baptist Church and the Pledge of Allegiance was led by Councilmember David Kaptain. ROLL CALL Roll call was answered by Councilmembers Gilliam, Kaptain, Steffen, Walters and Mayor Schock. Absent: Councilmember Figueroa. MINUTES OF THE SEPTEMBER 24, 2008, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Steffen, to approve the September 24, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. COMMUNICATIONS Proclamation Recognizing Domestic Violence Awareness Month Mayor Schock read a proclamation recognizing October as Domestic Violence Awareness Month. Gretchen Vapner, Director of the Community Crisis Center, was present to accept the proclamation. RECOGNIZE PERSONS PRESENT Jessica Thompson stated she would like to see the creation of the Bicycle Plan Task Force as mentioned in the Bicycle Master Plan. She would also like to see Elgin‟s “Bike to Work” week coincide with Chicago‟s and for Elgin to strive for Bicycle Friendly Community status. Councilmember Steffen stated he would like to have staff move forward with the task force. Jose Moreno expressed his concern that the recent repairs to the bridge had made the pathway more dangerous. He stated he was also affected by the recent flooding. City Manager Folarin said that Public Works Director Loete would speak with him following the meeting. OCTOBER 8, 2008 VOLUME LXXIII 694 John Collins stated that he agreed with Mr. Moreno. He also expressed his concerns about flooding in the trailer park area and in the Preston and Cooper area. He would like to see a report on this. Elaine Ziomek expressed her concerns about parking along Seminole Drive. She would like to see Seminole designated as one way, eastbound, with diagonal parking on one side of the street and horizontal on the other. Joyce Stamper expressed concerns about parking along Seminole Drive. She stated she was not in favor of the odd/even parking and would like parking stickers for the residents. Sharri Mortellaro expressed concerns about parking along Seminole Drive. She would like a solution, but not one that includes odd/even parking. Gary Krolik expressed his concerns about parking on Seminole Drive, leaf collection, and snow removal. He stated he was against odd/even parking. City Manager Folarin reminded the audience that Seminole Drive was not included in the odd/even parking trial area. He stated he would ask the Police Department to look into the parking issues in the Seminole area. Teena Bolton read a poem in memory of Art Richoz. Eileen Caughlin expressed her concerns about parking on Seminole Drive. She is against odd/even parking. Rhoda Cox said the odd/even parking would affect her as a disabled person. She also expressed her concerns about parking availability in the apartment parking lot. Chuck Keysor, president of the Near West Neighborhood Association, thanked the volunteers who worked with Community Restitution workers to clear the area of scrub trees and undergrowth behind J.J. Pepper‟s and Jim‟s Towing. He would like to see this area maintained by Community Restitution on a regular basis and the property south of J.J. Pepper‟s cleared of scrub trees and undergrowth. He also thanked Community Restitution and Forestry for their assistance with this project. BID 08-058A AWARDED TO WOODSTOCK HARLEY-DAVIDSON FOR THE PURCHASE OF TWO POLICE MOTORCYCLES WITH A THREE YEAR EXTENDED WARRANTY Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to authorize the purchase of two police motorcycles from Woodstock Harley-Davidson in the amount of $30,000, which includes a three year extended warranty. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII OCTOBER 8, 2008 695 BID 08-075 AWARDED TO CALGON CARBON CORPORATION FOR THE FILTER MEDIA REMOVAL AND REPLACEMENT IN FILTERS #6 AND #8 AT THE RIVERSIDE WATER TREATMENT PLANT Councilmember Walters made a motion, seconded by Councilmember Kaptain, to award a contract to Calgon Carbon Corporation in the amount of $159,369 for the removal and re- installation of the granular activated carbon, sand, and gravel filter media in Filters #6 and #8 at the Riverside Water Treatment Plant. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 08-081 AWARDED TO REINDERS EQUIPMENT FOR THE PURCHASE OF ONE 2008 TORO GROUNDMASTER 7210 WITH ACCESSORIES FOR SIDEWALK SNOW REMOVAL Councilmember Walters made a motion, seconded by Councilmember Kaptain, to award a contract to Reinders Equipment in the amount of $45,800 for the purchase of one 2008 Toro Groundmaster 7210 with accessories for the use of sidewalk snow removal. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 84-06 TABLED REQUESTING ANNEXATION, ZONING AND PRELIMINARY PLAT APPROVAL FOR A RESIDENTIAL SUBDIVISION; PROPERTY COMMONLY KNOWN AS 1901 VILLA STREET; BY RYLAND HOMES, AS APPLICANT AND VO-LAND, LLC, AS OWNER Community Development Director Deering stated the applicants have requested the item remain on the table until the meeting of November 5. Councilmember Walters made a motion, seconded by Councilmember Steffen, to allow Petition 84-06 to remain on the table until the November 5, 2008, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 85-06 TABLED REQUESTING ANNEXATION, ZONING AND PRELIMINARY PLAT APPROVAL FOR A COMMERCIAL SUBDIVISION; PROPERTY COMMONLY KNOWN AS 1951 VILLA STREET; BY VO-LAND, LLC, AS APPLICANT AND OWNER Councilmember Steffen made a motion, seconded by Councilmember Walters, to allow Petition 85-06 to remain on the table until the meeting of November 5, 2008. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. OCTOBER 8, 2008 VOLUME LXXIII 696 PETITION 21-08 APPROVED REQUESTING A CONDITIONAL USE IN THE PAB PLANNED AREA BUSINESS DISTRICT, TO PERMIT A PACKAGE LIQUOR SALES ESTABLISHMENT; PROPERTY LOCATED AT 1350 EAST CHICAGO STREET BY SHRINA, INC. DBA / ELGIN LIQUOR AND JAYESH AND SMITA PATEL, AS APPLICANTS, AND DEARBORN CONSTRUCTION AND DEVELOPMENT, LTD., AS OWNER Community Development Director Deering stated this petition was for the establishment of a package liquor store and that the Zoning and Sub-division Hearing Board had recommended approval subject to three conditions. Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to approve Petition 21-08 subject to conditions. Councilmember Walters encouraged the applicants to be good neighbors. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 39-08 APPROVED REQUESTING A MAP AMENDMENT FROM RC2 RESIDENCE CONSERVATION DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT AND CF COMMUNITY FACILITY DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT, TO PERMIT THE CONSTRUCTION OF A PARKING LOT AND BUILDING ADDITION, PROPERTY LOCATED AT 1405 WING STREET, 1406 AND 1418 HARLAN AVENUE, BY NEW HOPE MISSION BAPTIST CHURCH, AS APPLICANT AND OWNER Community Development Director Deering stated this petition was for the construction of a parking lot and for a future addition to the church. He said the Planning and Development Commission had recommended approval subject to ten conditions. Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to approve Petition 39-08 subject to conditions. Councilmember Kaptain stated he had some concerns about how this could affect the neighbors and possible water issues. Mr. Deering stated that staff shares those concerns and that any plans will have to be presented to the City Engineer for review and approval. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, and Mayor Schock. Nays: None. Councilmember Walters abstained due to a conflict of interest. VOLUME LXXIII OCTOBER 8, 2008 697 RESOLUTION 08-237 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE HERCANA PLACE SUBDIVISION Councilmember Walters made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-237 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE HERCANA PLACE SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the public improvements in the Hercana Place Subdivision which include 260 lineal feet of 8” water main, one valve and vault and one fire hydrant to the city maintained facilities. The water main and its appurtenances are located within a 10‟ City of Elgin easement. The Homeowners‟ Association will own and maintain the private street, three pressurized sanitary services, storm water management areas and landscaped areas. s/ Ed Schock Ed Schock, Mayor Presented: October 8, 2008 Adopted: October 8, 2008 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G70-08 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” Councilmember Gilliam made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. OCTOBER 8, 2008 VOLUME LXXIII 698 Ordinance No. G70-08 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, ent itled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled, “License Classes; Fees,” to add the following new subsection to read as follows: Class D-1: Hotels and motels; for incidental consumption on the premises only in conjunction with customer hospitality services being provided by the hotel or motel staff. The license fee per year is two hundred fifty dollars ($250.00). Section 2. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.060, entitled, “Application; Filing; Processing Fee,” to read as follows: Applications shall be directed to and filed with the local liquor control commission. In addition to all other fees imposed the applicant shall also pay a nonrefundable three hundred dollars ($300.00) at the time of filing to cover the cost of processing the application. Prior to the issuance of any license the applicant shall pay to the city clerk the full amount of the annual license fee required to be paid for the kind of license applied for. There shall be no filing fee imposed for any application seeking the issuance of a class G or class K license when the city is the applicant. There shall be no filing fee imposed for any application seeking the issuance of a class H, class I or class K-1 license, nor for any application seeking the issuance of an exterior sales permit, a young adult night permit, an outside event permit or an off-site special event permit. Prior to issuance of a new class B license, the applicant shall deposit the sum of ten thousand dollars ($10,000.00) with the city clerk to be placed in the general fund of the city. Prior to issuance of a new class B-1 license, the applicant shall deposit the sum of five thousand dollars ($5,000.00) with the city clerk to be placed in the general fund of the city. It shall further be the duty of any licensee under this chapter before the issuance of any license to a new licensee to submit to the commission a bulk sales affidavit or affidavits in compliance with the bulk sales provisions of the uniform commercial code of Illinois or such other applicable statutes governing bulk sales within the state so that the exact amount of indebtedness of the party selling the business is known and such issuance shall not be executed until the commissioner is satisfied that adequate provisions are made for the payment of all obligations relating to the business or license of the seller. Any license issued to a vendee under the provisions of this section shall not be eligible to be surrendered to be issued to another purchaser of the business. VOLUME LXXIII OCTOBER 8, 2008 699 Any bond or policy of liability insurance submitted to the local liquor control commission pursuant to the requirements of this section shall be for the entire term of the license period and it shall be a condition of any license issued by the local liquor control commission that the bond or policy of liability insurance shall be in full force and effect throughout the license period as a condition of doing business pursuant to such license. Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.090, entitled, “License; Issuance Limitations,” to delete subparagraph H of said section in its entirety. No license shall be issued for the sale at retail of any alcoholic liquor within one hundred feet (100') of any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, or any military or naval station. This prohibition shall apply only to an initial license at a premises and shall not apply to the renewal of a license or to a subsequently issued new license for the sale at retail of alcoholic liquor on premises within one hundred feet (100') of any church or school where such church or school has been established within such one hundred feet (100') since the issuance of the original license. In the case of a church, the distance of one hundred feet (100') shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries. In all other cases, the distance of one hundred feet (100') shall be measured from lot line to lot line. Nothing in this subsection shall prohibit issuance of a retail license authorizing the sale of alcoholic beverages to restaurants, food shops, hotels, regularly organized clubs, or to or other places where sale of alcoholic liquors is not the principal business carried on, notwithstanding the proximity of such hotel or restaurant to any church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, or any military or naval station. Nothing in this subsection shall prohibit the issuance of a license to a church or private school to sell at retail alcoholic liquor if any such sales are limited to periods when groups are assembled on the premises solely for the promotion of some common object other than the sale or consumption of alcoholic liquors. Section 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending subparagraph A of Section 6.06.100, entitled, License; Change in Personnel,” to read as follows: Any changes in partnerships, officers, directors, members or managers of a limited liability company, persons holding directly or beneficially more than five percent (5%) of the stock or ownership interest in a partnership or limited liability company, or managers of establishments licensed under this chapter, shall be reported in writing to the local liquor control commission within ten (10) days of the change. All such persons shall meet all the standards of this chapter and must otherwise qualify to hold a liquor license. All changes in personnel shall be subject to review by the local liquor control commission , OCTOBER 8, 2008 VOLUME LXXIII 700 and when such review is requested by a licensee, the licensee shall pay a nonrefundable fee of one hundred fifty dollars ($150.00) to cover the cost of the local liquor control commission processing and conducting such review. 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/ Ed Schock Ed Schock, Mayor Presented: October 8, 2008 Passed: October 8, 2008 Vote: Yeas: 5 Nays: 0 Recorded: October 9, 2008 Published: October 10, 2008 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T33-08 PASSED ESTABLISHING SPECIAL SERVICE AREA NUMBER 19 OF THE CITY OF ELGIN, KANE AND COOK COUNTY, ILLINOIS FOR THE RANDALL POINT EXECUTIVE CENTER AND THE RANDALL POINT EXECUTIVE CENTER II Councilmember Steffen made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. ORDINANCE T33-08 IS NOT INCLUDED IN THESE MINUTES. THE ORIGINAL IS ON FILE IN THE CITY CLERK’S OFFICE. AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII OCTOBER 8, 2008 701 PAYEE AMOUNT REASON Seyfarth Shaw Chicago, IL $92,947.47 Legal Services for the City City of Batavia Batavia, IL $16,226.53 Progress Payment for SMILE Program Hoffman Estates Police Department Hoffman Estates, IL $20,543.40 2nd Quarter Reimbursement Dave Eggers 4/1/08 – 6/30/08 Illinois Environmental Protection Agency Springfield, IL $11,368.62 IEPA Costs incurred for Elgin Salvage Yard from 09/2007 to 03/2008 Carol Anderson Elgin, IL $60,000 Multi Family Conversion Grant for 300/302 Douglas Avenue CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to pass Ordinance Nos. G68-08 and G69-08, as well as adopt Resolution Nos. 08-229 through 08-236 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 08-229 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH COWHEY GUDMUNDSON LEDER, LTD. FOR ENGINEERING SERVICES REGARDING DEVELOPMENT OF A NEW BEEF VILLA RESTAURANT Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-229 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH COWHEY, GUDMUNDSON LEDER, LTD.FOR ENGINEERING SERVICES REGARDING DEVELOPMENT OF A NEW BEEF VILLA RESTAURANT 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 Cowhey Gudmundson Leder, Ltd. for engineering services regarding the development of a new Beef Villa Restaurant, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor OCTOBER 8, 2008 VOLUME LXXIII 702 Presented: October 8, 2008 Adopted: October 8, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-230 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WITH RANDALL 90, LLC, HEATH 79 LLC, SWC RAND & WILLOW LLC, AND WOLFE AND LARAWAY LLC FOR THE DEVELOPMENT OF AN AUTO MALL Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-230 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WITH RANDALL 90, LLC, HEATH 79, LLC, SWC RAND & WILLOW LLC, AND WOLF & LARAWAY LLC FOR THE DEVELOPMENT OF AN AUTO MALL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Second Amendment to Development Agreement on behalf of the City of Elgin with Randall 90, LLC, Heath 79, LLC, SWC Rand & Willow, LLC and Wolf & Laraway LLC for the development of an auto mall in Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 8, 2008 Adopted: October 8, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII OCTOBER 8, 2008 703 RESOLUTION 08-231 ADOPTED AUTHORIZING EXECUTION OF A PLAT OF VACATION OF PUBLIC UTILITY EASEMENTS AT JAYNES INDUSTRIAL PARK Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-231 RESOLUTION AUTHORIZING EXECUTION OF A PLAT OF VACATION OF PUBLIC UTILITY EASEMENTS AT JAYNES INDUSTRIAL PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized to execute the Plat of Vacation of Public Utility Easements, prepared by Jacob & Hefner Associates, Inc., dated July 29, 2008, over part of the following described parcel: Lots 1 and 2 in Jaynes Industrial Park, being a subdivision of part of the Southeast Quarter of Section 32, Township 42 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded June 2, 1987 as Document 1844959, in Kane County, Illinois. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Plat of Vacation to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: October 8, 2008 Adopted: October 8, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk OCTOBER 8, 2008 VOLUME LXXIII 704 RESOLUTION 08-232 ADOPTED AUTHORIZING EXECUTION OF A RELEASE AND SATISFACTION OF JUDGMENT FOR CASE NO. 04 OV 1414 ENTITLED CITY OF ELGIN V. CATHERINE MCDANIEL (607 DOUGLAS AVENUE) Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-232 RESOLUTION AUTHORIZING THE EXECUTION OF A RELEASE AND SATISFACTION OF JUDGMENT FOR CASE NO. 04 OV 1414 ENTITLED CITY OF ELGIN v. CATHERINE McDANIEL (607 Douglas Avenue) WHEREAS, Catherine McDaniel is the owner of the property commonly referred to as 607 Douglas Avenue, Elgin; and WHEREAS, the City has obtained a default judgment in the amount of $28,525 against Catherine McDaniel in housing court Case Number 04 OV 1414 because she had failed to maintain the property in compliance with the Property Maintenance Code of the City of Elgin; and WHEREAS, McDaniel has corrected all the property maintenance code violations on the property; and WHEREAS, the marketability and economic rehabilitation of the property is not feasible unless the city‟s default judgment is reduced to an amount of fines that more properl y reflects the nature of the Property Maintenance Code violations that were existing on the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Corporation Counsel William A. Cogley be and is hereby authorized and directed to execute a Release and Satisfaction of Judgment on behalf of the City of Elgin for Case No. 04 OV 1414, City of Elgin v. Catherine McDaniel on the condition that Catherine McDaniel tenders payment to the City of Elgin in the amount of Five Thousand Dollars ($5,000). s/ Ed Schock Ed Schock, Mayor VOLUME LXXIII OCTOBER 8, 2008 705 Presented: October 8, 2008 Adopted: October 8, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-233 ADOPTED APPROVING CHANGE ORDER NO. 7 IN THE CONTRACT WITH ARTLOW SYSTEMS FOR FIRE STATION NO. 7 Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-233 RESOLUTION APPROVING CHANGE ORDER NO. 7 IN THE CONTRACT WITH ARTLOW SYSTEMS FOR FIRE STATION NO. 7 WHEREAS, the City of Elgin has heretofore entered into a contract with Artlow Systems for concrete finishes at Fire Station No. 7; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 7, 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. 7, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 8, 2008 Adopted: October 8, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk OCTOBER 8, 2008 VOLUME LXXIII 706 RESOLUTION 08-234 ADOPTED APPROVING CHANGE ORDER NO. 8 IN THE CONTRACT WITH REIKE OFFICE INTERIORS FOR FIRE STATION NO. 7 Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-234 RESOLUTION APPROVING CHANGE ORDER NO. 8 IN THE CONTRACT WITH REIKE OFFICE INTERIORS FOR FIRE STATION NO. 7 WHEREAS, the City of Elgin has heretofore entered into a contract with Reike Office Interiors for flooring installation at Fire Station No. 7; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 8, 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. 8, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 8, 2008 Adopted: October 8, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-235 ADOPTED NAMING VARIOUS CITY PARKS Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII OCTOBER 8, 2008 707 Resolution No. 08-235 RESOLUTION NAMING VARIOUS CITY PARKS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E LGIN, ILLINOIS, that the park located at the intersection of Comstock Road and Rawhide Drive be and is hereby designated and named "Shadow Hill Park"; BE IT FURTHER RESOLVED that the park located on South Water Road and Copper Springs Lane be and is hereby designated and named "Copper Springs Park"; BE IT FURTHER RESOLVED that the park located on South Water Road and Waterford Road be and is hereby designated and named "Waterford Entry Park"; and BE IT FURTHER RESOLVED that the park located on Mulberry Lane and Lilac Lane be and is hereby designated and named "Cornerstone Park". s/ Ed Schock Ed Schock, Mayor Presented: October 8, 2008 Adopted: October 8, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-236 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH WEST RIDGE COMMUNITY CHRISTIAN CHURCH AND OLD SECOND NATIONAL BANK OF AURORA (3170 ROUTE 20) Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. OCTOBER 8, 2008 VOLUME LXXIII 708 Resolution No. 08-236 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH WEST RIDGE COMMUNITY CHRISTIAN CHURCH AND OLD SECOND NATIONAL BANK OF AURORA (3170 Route 20) WHEREAS, the owners of certain property commonly known as West Ridge Community Christian Church at 3170 Route 20 have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and 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 Second Amendment to Annexation Agreement with West Ridge Community Christian Church and Old Second National Bank of Aurora 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 Second Amendment to Annexation Agreement with West Ridge Community Christian Church and Old Second National Bank, a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: October 8, 2008 Adopted: October 8, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII OCTOBER 8, 2008 709 ORDINANCE G68-08 PASSED AMENDING PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT ORDINANCE NO. G5-05 AND PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO. G95-05; RECLASSIFYING PROPERTY TO PAB PLANNED AREA BUSINESS DISTRICT; GRANTING APPROVAL OF A COMMERCIAL/RESIDENTIAL BUILDING IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (3300 ENCOUNTER LANE, 3170 ROUTE 20 AND 3180 ROUTE 20) Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G68-08 AN ORDINANCE AMENDING PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT ORDINANCE NO G5-05 AND PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NO G 95-05; RECLASSIFYING PROPERTY TO PAB PLANNED AREA BUSINESS DISTRICT; GRANTING APPROVAL OF A COMMERCIAL/RESIDENTIAL BUILDING IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (3300 Encounter Lane, 3170 Route 20 and 3180 Route 20) WHEREAS, written application has been made to amend PNB Planned Neighborhood Business District Ordinance G5-05 and PCF Planned Community Facility District Ordinance G95-05 and to reclassify property in the PNB Planned Neighborhood Business District and certain property in the PCF Planned Community Facility District to a PAB Planned Area Business District; and WHEREAS, written application has been made to permit the construction of a commercial / residential building in the PAB Planned Area Business District and the ARC Arterial Road Corridor Overlay District; and WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified; and WHEREAS, the City Council has reviewed the findings and recommendation of the Planning and Development Commission and concurs in such recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: OCTOBER 8, 2008 VOLUME LXXIII 710 Section 1. That the City Council of the City of El gin hereby adopts the Findings of Fact, dated October 1, 2007, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G5-05 entitled “AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT”, passed January 12, 2005, is hereby repealed. Section 3. That Ordinance No. G95-05, entitled “AN ORDINANCE AMENDING AN ORDINANCE CLASSIFYING TERRITORY IN THE PCF P LANNED COMMUNITY FACILITY DISTRICT”, passed December 7, 2005, be and hereby is amended in its entirety as set forth in the following provisions of this ordinance. 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 PAB Planned Area Business District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property: Commercial/Residential Building Parcel That part of Lot 19 in West Ridge Village Center, Being a Part of the Southeast Quarter of Section 7 and Part of the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian, According to the Plat Thereof Recorded March 2, 2006 as Document 2006K022854 Described as Follows: Beginning at the Westernmost Corner of Said Lot 19; Thence North 20 Degrees 00 Minutes 52 Seconds East Along the Westerly Line of Said Lot 19 a Distance of 156.75 Feet; Thence South 64 Degrees 17 Minutes 14 Seconds East 298.1 Feet; Thence South 25 Degrees 42 Minutes 46 Seconds West 157.43 Feet to the Northerly Right-of-Way Line of US Route 20 Per Document 2005K006529 Recorded January 18, 2005; Thence North 63 Degrees 59 Minutes 33 Seconds West Along Said Right -of- VOLUME LXXIII OCTOBER 8, 2008 711 Way Line 282.62 Feet to the Point of Beginning, all in Kane County, Illinois (Property Commonly Known as 3180 Route 20). Bank Parcel Lot 20 in West Ridge Village Center, Being a Part of the Southeast Quarter of Section 7 and Part of the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian, According to the Plat Thereof Recorded March 2, 2006 as Document 2006K022854, all in Kane County, Illinois (Property Commonly Known as 3300 Encounter Lane.). 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 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 OCTOBER 8, 2008 VOLUME LXXIII 712 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 PAB Area Business District: Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the PAB Area Business District: 1. Residences Division: "Upper floor apartment dwellings" [SR] (UNCL). 2. Offices Division: "Offices" [SR] (UNCL). 3. Finance, Insurance, and Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 4. Services Division: 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). VOLUME LXXIII OCTOBER 8, 2008 713 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). 5. 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). 6. Agricultural Division: Dog grooming (0752). Landscape counseling and planning (0781). Veterinary services for household pets (0742). 7. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 8. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 9. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). OCTOBER 8, 2008 VOLUME LXXIII 714 Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators' offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47 of this Title (UNCL). Local and suburban passenger transportation operators' offices (411). Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). 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). 10. Miscellaneous Uses Division: "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the PAB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Fences and walls" [SR] (UNCL) "Parking lots" [SR] (UNCL), 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 PAB 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: VOLUME LXXIII OCTOBER 8, 2008 715 Bowling centers (7933). Child daycare services (835). Dance halls (7911). "Home child daycare services" [SR] (8351). Membership organizations (86). Membership sports and recreation clubs (7997). Other schools and educational services (829). Physical fitness facilities (7991). 4. Retail Trade Division: Drive-in restaurants (5812). "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 PAB 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 PAB 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. "Program for Graphics" [SR] (UNCL), subject to the provisions of Chapter 19.50 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. OCTOBER 8, 2008 VOLUME LXXIII 716 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 Eric Goodman, dated August 30, 2007. 2. Substantial conformance to the West Ridge Community Church Preliminary Plat prepared by Land Vision, dated April 1, 2008. 3. Substantial conformance to the West Ridge Village Center Preliminary Engineering Plan prepared by Christopher B. Burke, dated last revised March 7, 2008. 4. Substantial conformance to the development plans for West Ridge Commercial Development, consisting of a cover sheet, the West Ridge Community Church Site Plan prepared by Land Vision, dated April 1, 2008, the building elevations on the West Ridge Community Church Site Plan exhibit prepared by Land Vision, dated April 1, 2008, the Floor Plans from the New Commercial Building for West Ridge Community Village exhibit prepared by Miniscalco Architects LTD, dated modified October 19, 2007, the West Ridge Village Center Landscape Plan prepared by Christopher B. Burke, dated March 7, 2008, the West Ridge Community Church Landscape Plan prepared by Gary Weber, dated February 14, 2005, unless indicated differently on the West Ridge Village Center Landscape Plan prepared by Christopher B. Burke, dated March 7, 2008, and the West Ridge Community Church Shared Parking Exhibit prepared by Land Vision, dated April 1, 2008. 5. Substantial conformance to the West Ridge Community Church Residential Statement of Design, submitted by Eric Goodman, dated November 2, 2007. 6. The diameters of the plant materials indicated on the West Ridge Village Center Landscape Plan prepared by Christopher B. Burke, dated March 7, 2008, must represent accurate plant diameters to scale. Along the entire western lot line transition landscape yard, a compact continuous landscape hedge must be maintained at a minimum eight foot height and must supply 100% screening year round. The transition landscaping will need to be installed by a date certain deadline as determined by the Development Administrator. 7. All freestanding monument style graphics and wall mounted graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. Proposed graphics must be submitted to and approved by the Community Development Group. VOLUME LXXIII OCTOBER 8, 2008 717 8. Planted landscaping that has died needs to be replaced. This landscaping will need to be installed by a date certain deadline as determined by the Development Administrator. 9. The refuse collection area should be enclosed with a wall constructed of material that matches the building material used on the commercial building. Plans for the refuse collection area must be submitted to and approved by the Community Development Group. 10. At all times through build-out of the project and re-occupancy of various leasable areas, the required number of off street parking spaces shall be provided. 11. The required number of parking spaces on site shall include: for the church, 1 parking space for every four seats and 1 parking space per employee during peak shift; the future assembly hall, 1 parking space for every four seats and 1 parking space per employee during peak shift; the commercial building, 1 parking space for every 250 square feet of retail space, 1 parking space for every 250 square feet of office space, and 1 parking space for every 500 square feet of floor area with a minimum of two stalls per residential dwelling unit; and the bank building, 1 parking space for every 250 square feet of floor area. 12. All parking spaces must be a minimum 18.5 feet in length and all parking aisles must be a minimum 22 feet in length. 13. Reciprocal access agreements required for all access points between the West Ridge development and Trinity Chase subdivision and road maintenance agreements must be submitted and approved by the Community Development Group prior to the issuance of building permits. 14. Prior to the development of the The Worship Center building in the adjacent PCF District, the Owner and Developer of the Subject Property shall be required to submit a development plan to the City for a public hearing and city council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. Such review by the City of Elgin with respect to this PAB District shall include, but not be limited to, the proposed shared parking between this PAB District and the adjacent PCF District. 15. Compliance with all applicable codes and ordinances. H. Off-street Parking. In this PAB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. OCTOBER 8, 2008 VOLUME LXXIII 718 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. Graphics. In this PAB Planned Area Business district, signs shall be subject to the provisions of Chapter 19.50, Street Graphics, as may be amended from time to time, except as may be provided within this section. In this PAB zoning district, two projecting awning signs shall be developed in conformance with the following condition: Substantial conformance to the address graphic contained on the awning over the main entrance on the front building elevation and on the rear building elevation as displayed on the building elevation exhibit on the West Ridge Community Church Site Plan Exhibit prepared by Land Vision, dated April 1, 2008. 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, as may be amended from time to time. 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 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, as may be amended from time to time. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners 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, as may be amended from time to time. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners authorize such an application. O. 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 VOLUME LXXIII OCTOBER 8, 2008 719 Municipal Code, 1976, as amended. P. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. Q. 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. 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 in full force and effect immedia tely after the passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 8, 2008 Passed: October 8, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: October 9, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk OCTOBER 8, 2008 VOLUME LXXIII 720 ORDINANCE G69-08 PASSED AMENDING AN ORDINANCE CLASSIFYING TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (WEST RIDGE COMMUNITY CHURCH SUBDIVISION – 3170 ROUTE 20) Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G69-08 AN ORDINANCE AMENDING AN ORDINANCE CLASSIFYING TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (West Ridge Community Church Subdivision – 3170 Route 20) WHEREAS, certain property commonly known as 3170 Route 20, Elgin, Illinois, has previously been zoned in the PCF Planned Community Facility District pursuant to Ordinance Number G95-05, adopted by the City Council of the City of Elgin on December 7, 2005; and WHEREAS, the owner of such property has made written application to the City seeking to amend Ordinance No. G95-05; and WHEREAS, written application has been made to classify said territory to a PCF Planned 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 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, Ordinance No. G95-05 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 are hereby altered by including in the PCF Planned Community Facility 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 PCF Planned Community Facility District, the following described:” VOLUME LXXIII OCTOBER 8, 2008 721 CHURCH PARCEL: Lot 19 in West Ridge Village Center, Being a Part of the Southeast Quarter of Section 7 and Part of the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian, According to the Plat Thereof Recorded March 2, 2006 as Document 2006K022854 Except That Part Described as Follows: Beginning at the Westernmost Corner of Said Lot 19; Thence North 20 Degrees 00 Minutes 52 Seconds East Along the Westerly Line of Said Lot 19 a Distance of 156.75 Feet; Thence South 64 Degrees 17 Minutes 14 Seconds East 298.18 Feet; Thence South 25 Degrees 42 Minutes 46 Seconds West 157.43 Feet to the Northerly Right-of-Way Line of US Route 20 Per Document 2005K006529 Recorded January 18, 2005; Thence North 63 Degrees 59 Minutes 33 Seconds West Along Said Right-of-Way Line 282.62 Feet to the Point of Beginning, all in Kane County, Illinois. LOG CABIN PARCEL: Lot 26 in West Ridge Village Center, Being a Part of the Southeast Quarter of Section 7 and Part of the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian, According to the Plat Thereof Recorded March 2, 2006 as Document 2006K022854, all in Kane County, Illinois. STORMWATER DETENTION PARCEL: That Part of the Southeast Quarter of Section 7 and Part of the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian, Described as Follows: Commencing at a Point on the South Line of Said Section 7, 509.52 Feet West of the South-East Corner Thereof; Thence North 20 Degrees 02 Minutes 20 Seconds East 40.92 Feet; Thence North 64 Degrees 55 Minutes 42 Seconds West 83.14 Feet; Thence South 25 Degrees 04 Minutes 18 Seconds West 15.06 Feet to the Point of Beginning; Thence South 19 Degrees 41 Minutes 58 Seconds West 74.38 Feet; Thence North 90 Degrees 00 Minutes 00 Seconds West 159.44 Feet; Thence North 57 Degrees 03 Minutes 28 Seconds West 87.34 Feet; Thence North 65 Degrees 18 Minutes 28 Seconds West 206.00 Feet; Thence South 79 Degrees 08 Minutes 41 Seconds West 16.28 Feet; Thence South 54 Degrees 05 Minutes 40 Seconds West 23.69 Feet; Thence South 39 Degrees 46 Minutes 23 Seconds West 71.66 Feet; Thence South 28 Degrees 39 Minutes 40 Seconds West 56.91 Feet; Thence South 60 Degrees 34 Minutes 58 Seconds West 51.39 Feet; Thence North 67 Degrees 56 Minutes 57 Seconds West 160.55 Feet; Thence North 23 Degrees 36 Minutes 25 Seconds West 49.34 Feet; Thence North 24 Degrees 15 Minutes 22 Seconds East 249.98 Feet; Thence South 86 Degrees 52 Minutes 43 Seconds East 147.54 Feet; Thence South 64 Degrees 55 Minutes 42 Seconds East 570.33 Feet to the Point of Beginning, All in Kane County, Illinois (Property Commonly Known as 3170 Route 20). OCTOBER 8, 2008 VOLUME LXXIII 722 Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or a not for profit basis. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. D. Zoning Districts - Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights -of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use of land and structures shall be in accordance with the subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PCF zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Community Facility District: Municipal Services Division. 1. "Municipal facilities" [SR] (UNCL). 2. "Public parks, recreation, open space" [SR] (UNCL). Public Administration Division. VOLUME LXXIII OCTOBER 8, 2008 723 3. Public administration (J). 4. Justice, public order, and safety (92). Finance, Insurance, and Real Estate Division. 5. "Development sales office" [SR] (UNCL). Services Division. 9. Elementary and secondary schools (821). 10. Churches, covenants, monasteries, and temples (8661). 11. Other schools and educational services (829). 12. Museums, art galleries and botanical and zoological gardens (841). 15. Public Libraries (823). 16. Vocational Schools (824). Construction Division. 17. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 20. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 21. "Radio and television antennas" [SR] (UNCL). 22. "Satellite dish antennas" [SR] (UNCL). 23. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 25. "Fences and walls" [SR] (UNCL). 26. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 27. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 28. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 29. "Refuse collection area" [SR]. 30. "Storage Tanks" [SR] (UNCL). 31. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 32. "Temporary uses" [SR] (UNCL). 33. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 34. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Services Division. 1. Arenas, sports fields, and stadiums (UNCL). OCTOBER 8, 2008 VOLUME LXXIII 724 2. Child day care services (835). 3. "Institutional child day care services" [SR] (8351). 4. Job training and vocational rehabilitation service. 5. Social services not elsewhere classified (839). 6. Sporting and recreational camps (7032). Transportation, Communication and Utilities Division. 12. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 13. "Conditional Commercial Antenna Tower" [SR] (UNCL). 14. Electric power generation (UNCL). 17. Local and suburban passenger transportation operators (411). 18. Local and suburban transit and interurban highway passenger transportation facilities for passenger boarding (417). 20. "Other radio and television antennas" [SR] (UNCL). 22. "Other satellite dish antennas" [SR] (UNCL). 23. Pipelines, except natural gas (461). 27. Refuse systems (4953). 32. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 36. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 37. "Parking structures" [SR] (UNCL). 38. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 39. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 40. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PCF district, the use and development of land and structures shall be subject to the following conditions: 1. Substantial conformance to the Building Elevations (labeled Amended Exhibit H), dated April 16, 2005. 2. Substantial conformance to the Church Layout Exhibit, prepared by VOLUME LXXIII OCTOBER 8, 2008 725 Christopher Burke Engineering West, Ltd., dated May 9, 2005. 3. Substantial conformance to the West Ridge Village Monument Details, prepared by Gary Weber and Associates, Inc., dated May 13, 2005. 4. Substantial conformance to the Statement of Purpose and Conformance, submitted by Eric Goodman, dated August 30, 2007. 5. Substantial conformance to the West Ridge Community Church Preliminary Plat prepared by Land Vision, dated April 1, 2008. 6. Substantial conformance to the West Ridge Village Center Preliminary Engineering Plan prepared by Christopher B. Burke, dated last revised March 7, 2008. 7. Substantial conformance to the development plans for West Ridge Commercial Development, consisting of a cover sheet, the West Ridge Community Church Site Plan prepared by Land Vision, dated April 1, 2008, the building elevations on the West Ridge Community Church Site Plan exhibit prepared by Land Vision, dated April 1, 2008, the Floor Plans from the New Commercial Building for West Ridge Community Village exhibit prepared by Miniscalco Architects LTD, dated modified October 19, 2007, the West Ridge Village Center Landscape Plan prepared by Christopher B. Burke, dated March 7, 2008, the West Ridge Community Church Landscape Plan prepared by Gary Weber, dated February 14, 2005, unless indicated differently on the West Ridge Village Center Landscape Plan prepared by Christopher B. Burke, dated March 7, 2008, and the West Ridge Community Church Shared Parking Exhibit prepared by Land Vision, dated April 1, 2008. 8. The diameters of the plant materials indicated on the West Ridge Village Center Landscape Plan prepared by Christopher B. Burke, dated March 7, 2008, must represent accurate plant diameters to scale. Along the entire western lot line transition landscape yard, a compact continuous landscape hedge must be maintained at a minimum eight foot height and must supply 100% screening year round. The transition landscaping will need to be installed by a date certain deadline as determined by the Development Administrator. 9. All freestanding monument style graphics and wall mounted graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. Proposed graphics must be submitted to and approved by the Community Development Group. 10. Planted landscaping that has died needs to be replaced. This landscaping will need to be installed by a date certain deadline as determined by the OCTOBER 8, 2008 VOLUME LXXIII 726 Development Administrator. 11. The refuse collection area should be enclosed with a wall constructed of material that matches the building material used on the commercial building. Plans for the refuse collection area must be submitted to and approved by the Community Development Group. 12. At all times through build-out of the project and re-occupancy of various leasable areas, the required number of off street parking spaces shall be provided. 13. The required number of parking spaces on site shall include: for the church, 1 parking space for every four seats and 1 parking space per employee during peak shift; the future assembly hall, 1 parking space for every four seats and 1 parking space per employee during peak shift; the commercial building, 1 parking space for every 250 square feet of retail space, 1 parking space for every 250 square feet of office space, and 1 parking space for every 500 square feet of floor area with a minimum of two stalls per residential dwelling unit; and the bank building, 1 parking space for every 250 square feet of floor area. 14. All parking spaces must be a minimum 18.5 feet in length and all parking aisles must be a minimum 22 feet in length. 15. Reciprocal access agreements required for all access points between the West Ridge development and Trinity Chase subdivision and road maintenance agreements must be submitted and approved by the Community Development Group prior to the issuance of building permits. 16. Prior to the development of the Worship Center building in this PCF district, the owner and developer of the Subject Property shall be required to submit a development plan to the City for a public hearing and city council approval pursuant to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. Such review by the City of Elgin shall include, but not be limited to, site design, architectural features and exterior building materials of the Worship Center Building and review of the proposed shared parking arrangements for this PCF District and the adjacent PAB District. 17. Compliance with all applicable codes and ordinances. H. Off-street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. VOLUME LXXIII OCTOBER 8, 2008 727 I. Off-street Loading. In this PCF zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use ma y be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. OCTOBER 8, 2008 VOLUME LXXIII 728 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 development of the Subject Property in this PCF zoning district shall also be subject to the regulations of the ARC Arterial Road Corridor Overlay District. In the event of any conflict between the regulations in the ARC Arterial Road Corridor Overlay District and the other provisions of this ordinance, the regulations of the ARC Arterial Road Corridor Overlay District shall control. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 8, 2008 Passed: October 8, 2008 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: October 9, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII OCTOBER 8, 2008 729 Hotel/Motel Tax for July 2008 Elgin Sales Tax for June 2008 Emergency Telephone System Board Minutes for August 21, 2008 Elgin Heritage Commission Minutes for August 5, 2008 Elgin Heritage Design Review Subcommittee Minutes for September 9, 2008 Zoning and Subdivision Hearing Board Minutes for August 20, 2008 Committee of the Whole Minutes for September 10, 2008 City Council Minutes for September 10, 2008 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 Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 8:10 p.m. s/ Diane Robertson October 22, 2008 Diane Robertson, City Clerk Date Approved