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HomeMy WebLinkAboutu - November 5, 2008 CC 762 NOVEMBER 5, 2008 VOLUME LXXIII COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on November 5, 2008, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:25 p.m. The Invocation was given by Pastor Leon Thornton from the New Beginning Christian Fellowship and the Pledge of Allegiance was led by Mayor Schock. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE OCTOBER 22, 2008, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Steffen, to approve the October 22, 2008, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT John Collins expressed his concerns about flooding at Preston and Cooper and showed a number of pictures. James Halik expressed his support for the odd/even parking ban. Jim Armstrong expressed his support for the odd/even parking ban. BID 08-090 AWARDED TO CRD CONSTRUCTION FOR REPLACEMENT OF THE UNDERGROUND SEWER AT FIRE STATION 4 ON MCLEAN BOULEVARD Councilmember Walters made a motion, seconded by Councilmember Steffen, to award a contract to CRD Construction in the amount of $55,596 for the replacement of the underground sewer at Fire Station 4 on McLean Boulevard, plus the alternate bid to fully paint the walls in the affected areas. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII NOVEMBER 5, 2008 763 PETITION 84-06 APPROVED 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. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to remove Petition 84-06 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Community Development Director Deering stated that the various concerns expressed by residents of Tuscan Woods and Castle Creek subdivisions at the previous public hearing had been reviewed by staff. It was determined that only those concerning public improvements could be addressed by the city. With regard to Tuscan Woods, Mr. Deering reported that there are no outstanding issues that remain. The Castle Creek subdivision has two issues the city can deal with pertaining to a storm sewer and landscaping issues. Mr. Deering also pointed out that after the public hearing, the developer had proposed to remove a road connection. The Community Development group is recommending that the road connection to Castle Creek remain. He stated that the developer also wanted to construct duplexes instead of townhomes in Area X. The Community Development group believes the proposed buffer is adequate for the construction of the townhomes according to the original plan. Mr. Deering stated the Community Development group recommends approval subject to conditions. Councilmember Figueroa referenced a letter from the homeowners association of Castle Creek indicating their willingness to work with the developer, Ryland Homes. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve Petition 84-06 subject to conditions. Councilmember Kaptain stated he would not support Petition 84-06 based on reports that he reviewed and because of the upcoming court decision regarding the following: the covenant, the water and sewer connections, and the fact that the development will operate at a financial loss to the city. He pointed out that other developments produce profits for the city, but that this one will cost the city $175 per year. He also said that this development is outside the original planning area for the city. Councilmember Walters replied that none of the early developments would have met the current financial criteria. Councilmember Steffen stated that he would like to reinforce the fact that there is a process in place and that the Council needs to rely on the commission to do its job. He feels the Council got off track because of neighborhood issues. He stated that the Bartlett study showed a positive impact, that the developer would be paying for some of the water and sewer pressure costs, that there was already an agreement for a 30% limit on rentals, that ten acres are already in Elgin, and that the Ryland plan is less dense than the original Bartlett plan. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Steffen, Walters, and Mayor Schock. Nays: Councilmember Kaptain. NOVEMBER 5, 2008 VOLUME LXXIII 764 PETITION 85-06 APPROVED 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 Gilliam made a motion, seconded by Councilmember Figueroa, to remove Petition 85-06 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Mr. Deering stated this was for the commercial portion of the property and that the Community Development group recommended approval subject to conditions. Councilmember Steffen made a motion, seconded by Councilmember Figueroa, to approve Petition 85-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Steffen, Walters, and Mayor Schock. Nays: Councilmember Kaptain. PUBLIC HEARING DATE SET FOR DECEMBER 3, 2008, TO CONSIDER THE ESTABLISHMENT OF “BACK-UP” SPECIAL SERVICE AREAS FOR STORMWATER MANAGEMENT FACILITIES IN CASTLE CREEK AND CREEKSIDE SUBDIVISIONS Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to set the public hearing date for December 3, 2008, to consider the establishment of “Back-up” Special Service Areas for stormwater management facilities in Castle Creek and Creekside Subdivisions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. ORDINANCE T36-08 PASSED PROPOSING THE ESTABLISHMENT OF THE CASTLE CREEK SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII NOVEMBER 5, 2008 765 Ordinance No. T36-08 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE CASTLE CREEK SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this resolution be established as the Castle Creek Subdivision Special Service Area of the City of Elgin for the purposes described in this resolution (the “Special Service Area”); and WHEREAS, the approximate location of the proposed Special Service Area is 1801 Villa Street in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated b y reference into this resolution as Exhibit B. WHEREAS, the Special Service Area is compact and contiguous and entirely l ocated within the boundaries of the City; and WHEREAS, the Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best interests of the Special Service Area and the City of Elgin as whole tha t special taxes be levied against the Special Service Area for the services to be provided be considered at a public hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. NOVEMBER 5, 2008 VOLUME LXXIII 766 Section 2. That a public hearing shall be held by the City Council of the City of Elgin on December 3, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this resolution. At the hearing, a tax levy for the Special Service will be considered. The proposed a nnual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 2.181 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $89,620.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners‟ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property. The notice of the public hearing shall substantially be in the following form: CITY OF ELGIN NOTICE OF HEARING CASTLE CREEK SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on December 3, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Ill inois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. VOLUME LXXIII NOVEMBER 5, 2008 767 The approximate location of the proposed Special Service Area is 1801 Villa Street in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 2.181 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $89,620.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners‟ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services NOVEMBER 5, 2008 VOLUME LXXIII 768 to the proposed Special Service Area that has been signed b y at least fifty-one percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this ______ day of ______________, 2008. _____________________________ City Clerk Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Passed: November 5, 2008 Vote: Yeas: 6 Nays: 0 Recorded: November 6, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T37-08 PASSED PROPOSING THE ESTABLISHMENT OF THE CREEKSIDE SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII NOVEMBER 5, 2008 769 Ordinance No. T37-08 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF THE CREEKSIDE SUBDIVISION SPECIAL SERVICE AREA IN THE CITY OF ELGIN, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER RELATED PROCEDURES WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Con stitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS 200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, it is in the public interest that the area legally described in Exhibit A to this resolution be established as the Creekside Subdivision Special Service Area of the City of E lgin for the purposes described in this resolution (the “Special Service Area”); and WHEREAS, the approximate location of the proposed Special Service Area is 2700 Hopps Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this resolution as Exhibit B. WHEREAS, the Special Service Area is compact and contiguous and entirely l ocated within the boundaries of the City; and WHEREAS, the Special Service Area will benefit specially from the municipal services to be provided by the City and that said municipal services are unique and in addition to municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best interests of the Special Service Area and the City of Elgin as whole that special taxes be levied against the Special Service Area for the services to be provided be considered at a public hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordi nance are hereby incorporated into this text as if set out herein in full. NOVEMBER 5, 2008 VOLUME LXXIII 770 Section 2. That a public hearing shall be held by the City Council of the City of Elgin on December 3, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A and as depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into this resolution. At the hearing, a tax levy for the Special Service will be considered. The proposed a nnual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 1.552 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $45,203.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the max imum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners‟ or other property owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. Notice of the public hearing shall be published at least once not less than fifteen (15) days prior to the public hearing in the Courier News, a newspaper of general circulation in the City of Elgin. Additionally, notice of the public hearing by mail shall be provided with the public hearing notice being deposited in the U.S. Mail not less than ten (10) days prior to the time set for the public hearing. The notice of public hearing shall be addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the Special Service Area, and in the event taxes for the last preceding year were not paid, the notice of the Hearing was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property. The notice of the public hearing shall substantially be in the following form: CITY OF ELGIN NOTICE OF HEARING CREEKSIDE SUBDIVISION SPECIAL SERVICES AREA NOTICE IS HEREBY GIVEN that on December 3, 2008, at 7:00 p.m. in the City Council Chambers of Elgin City Hall, 150 Dexter Court, Elgin, Illinois, a hearing will be held by the City Council of the City of Elgin to consider the establishment of a Special Service Area consisting of territory legally described in Exhibit A which is attached to and incorporated by reference into this notice. VOLUME LXXIII NOVEMBER 5, 2008 771 The approximate location of the proposed Special Service Area is 2700 Hopps Road in the City of Elgin, Kane County, Illinois. An accurate map depicting the location of the proposed Special Service Area is attached to and incorporated by reference into this notice as Exhibit B. All interested persons affected by the proposed establishment of the Special Service Area will be provided with an opportunity to be heard on that issue and may object to the establishment of the Special Service Area and the tax levy affecting that Special Service Area. The purpose for establishing the Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other stormwater facility; costs of design, engineering and other consulting services, surveying and permits, public liability insurance, and all administrative, legal and other costs or expenses incurred in connection therewith and with the administration of the Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All the described services described are unique and in addition to services generally provided by the City of Elgin. At the hearing, all persons affected will be provided with an opportunity to be heard. At the hearing, a tax levy for the Special Service will be considered. The proposed annual tax levy for the Special Service Area is in an amount not to exceed an annual rate of 1.552 of the equalized assessed value of the property within the proposed Special Service Area and the tax will be levied for an indefinite period of time from and after the date of the ordinance establishing the Special Service Area. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the provisions of the Property Tax Code (35 ILCS 200/1-1 et seq). The tax levies are intended to produce approximately $45,203.00 annually for the cost of the services described above. The City of Elgin, however, may annually levy up to the maximum rate specified in the ordinance establishing the Special Service Area for the cost of the services described above as said services become necessary and are provided by the City of Elgin. Notwithstanding the foregoing, taxes shall not be levied hereunder and the proposed Special Service Area shall remain abeyant and shall take effect only in the event the homeowners‟ or other propert y owner association responsible for the property within the proposed Special Service Area fails to maintain, repair, replace or pay for the improvements described above and/or any related costs for those improvements, so as to require the City of Elgin to assume those responsibilities. The hearing may be adjourned by the City Council of the City of Elgin to another date without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. If a petition objecting to the establishment of the proposed Special Service Area, the tax levy, or the imposition of a tax for the provision of special services to the proposed Special Service Area that has been signed by at least fifty-one NOVEMBER 5, 2008 VOLUME LXXIII 772 percent (51%) of the electors residing within the proposed Special Service Area, and by at least fifty-one percent (51%) of the owners of record of the land included within the boundaries of the proposed Special Service Area, is filed with the City of Elgin City Clerk within sixty (60) days following the final adjournment of the public hearing regarding the establishment of the proposed Special Service Area, no such Special Service Area may be established nor any tax levied or imposed. Dated this ______ day of _______________, 2008. _____________________________ City Clerk Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Passed: November 5, 2008 Vote: Yeas: 6 Nays: 0 Recorded: November 6, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G76-08 PASSED RECLASSIFYING CERTAIN PROPERTY AT 1405 WING STREET, 1408 AND 1418 HARLAN AVENUE (NEW HOPE MISSION BAPTIST CHURCH) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, and Mayor Schock. Nays: None. Councilmember Walters abstained due to a conflict of interest. VOLUME LXXIII NOVEMBER 5, 2008 773 Ordinance No. G76-08 AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY AT 1405 WING STREET, 1408 and 1418 HARLAN AVENUE (New Hope Mission Baptist Church) WHEREAS, written application has been made to reclassify certain properties located at 1405 Wing Street, 1408 and 1416 Harlan Avenue, from CF Community Facility District and RC2 Residence Conservation District, to PCF Planned Community Facility District; and WHEREAS, the Planning and Development Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 15, 2008, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the Zoning District Map, as amended, be and are hereby altered by including in the PCF Planned Community Facility District the following described property: Parcel 1: Lot 13 and the Westerly 22 Feet of Lot 14 together with the Vacated Alley lying North of and adjoining said Lot 13 and the Westerly 22 Feet of Lot 14, and that Part of Lots 2 and 3 Lying Southerly of the Southerly Line of the Right -of-Way of the Elgin and Belvidere Electric Railway Company, and between the East Line of Lot 12, extended Northerly and the East line of the Westerly 22 Feet of Lot 14 extended Northerly, all in Block 5 of Illinois Park Second Addition to Elgin, in the City of Elgin, Kane County, Illinois(Property commonly known as 1416 Harlan Avenue). Parcel 2: Lot 14 (Except the Westerly 22 Feet), Lots 15 & 16 and that Part of Lot 2 lying South of the Southerly Right-Of-Way Line of the abandoned Elgin and Belvidere Electric Railway Company and East of the East Line extended North NOVEMBER 5, 2008 VOLUME LXXIII 774 of the Westerly 22 Feet of Lot 14, In Block 5 of Illinois Park Second Addition to Elgin; Also that Part of the Vacated Alley in said Block 5 lying South of the Aforesaid Southerly Right-of-Way Line and East of the East Line extended North of the Westerly 22 Feet of Lot 14, in the City of Elgin, Kane County, Illinois (Property commonly known as 1408 Harlan Avenue). Parcel 3: Lot 17 in Block 5 of Illinois Park Second Addition to Elgin, in the City of Elgin, Kane County, Illinois (Property commonly known as 1405 Wing Street). Section 3. That the City Council of the City of Elgin hereby grants the map amendment to PCF Planned Community Facility District, for the properties commonly known as 1405 Wing Street, 1408 and 1416 Harlan Avenue, and legally described above, 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. 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 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: VOLUME LXXIII NOVEMBER 5, 2008 775 Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Planned Community Facility District: Services Division 1. “Churches, convents, monasteries, and temples” (8661). 2. “Elementary and secondary schools” (8211) Transportation, Communication and Utilities Division. 3. Radio and television antennas" [SR] (UNCL). 4. “Satellite dish antennas [SR] (UNCL). 5. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 6. “Fences and walls" [SR] (UNCL). 7. “Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 8. “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. 9. "Refuse collection area" [SR]. 10. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 11. "Temporary uses" [SR] (UNCL). 12. "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. 13. "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 Planned Community Facility District: Services Division. 1. "Institutional child day care services" [SR] (8351). Transportation, Communication and Utilities Division. 2. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 3. "Other radio and television antennas" [SR] (UNCL). 4. "Other satellite dish antennas" [SR] (UNCL). Miscellaneous Uses Division. 5. "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. 6. "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 site design regulations shall be as required in the CF District, pursuant to Chapter 19.30.135 Site Design, of the EMC, as may be NOVEMBER 5, 2008 VOLUME LXXIII 776 amended from time to time. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the Petitioner‟s Statement of Purpose and Conformance, submitted with the development application, prepared by Esther K. Markwart, Scheflow Engineering, and dated June 12, 2008. 2. Substantial Conformance to the proposed Site Development for New Hope Mission Baptist Church prepared by Esther K. Markwart, Scheflow Engineering, and dated June 11, 2008, last revised August 4, 2008. 3. Substantial Conformance to the Landscape Plan Phase 1 (Sheet 1) prepared by Esther K. Markwart, Scheflow Engineering, and dated June 13, 2008, with revisions as required by the Community Development Group. 4. The proposed Landscape Plan for Phase 2 of the development shall include a continuous hedge screening along the vehicle use area along Harlan Avenue. 5. All proposed building additions shall be subject to the Architectural Design Review by the Development Administrator. 6. The proposed dumpster enclosure shall be located behind the building setbacks lines within the rear yard, and shall be constructed with the same building materials as the principal building. 7. All outdoor mechanicals, such as air conditioners, shall be located within a side or rear yard and shall be fully screened by a fence or landscape; or must be incorporated within the building or located on top of the roof of the building. If they are located on the roof of the building, the mechanical units must be screened by a parapet wall, which shall be the same height as the tallest mechanical units. 8. All proposed changes to the existing signage shall conform to the Zoning Ordinance, Chapter 19.50 Street Graphics. 9. The proposed parking lot shall be curbed. 10. Compliance with all other 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 EMC, as amended. I. Off-Street Loading. In this PCF zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended. J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Street Graphics of the Elgin Municipal Code, 1976, as amended. VOLUME LXXIII NOVEMBER 5, 2008 777 K. Amendments. In this PCF zoning district, applications for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. 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. 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. 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. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Passed: November 5, 2008 Vote: Yeas: 5 Nays: 0 Recorded: November 6, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk NOVEMBER 5, 2008 VOLUME LXXIII 778 AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Lundstrom Insurance Agency Elgin, IL $200,407.00 Insurance Premiums for the City Kohler Rental Power Bolingbrook, IL $55,585.00 Temporary restroom facilities for Bandits‟ season (memo attached) City of Elgin Elgin, IL $57,374.22 City Rentals for 2nd & 3rd quarter Enterprise Leasing Company Elgin, IL $23,182.93 Leased cars for KCAT program CONSENT AGENDA By unanimous consent, Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. G73-08 through G75-08 and adopt Resolution Nos. 08-255 through 08-269 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 08-255 ADOPTED SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2009 Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-255 RESOLUTION SETTING FORTH THE SCHEDULE OF CITY COUNCIL MEETINGS FOR 2009 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the schedule of City Council meetings for 2009 shall be as follows: VOLUME LXXIII NOVEMBER 5, 2008 779 ELGIN CITY COUNCIL MEETINGS FOR 2009 Committee of the Whole January 14, 2009 6:00 PM City Council January 14, 2009 7:00 PM Committee of the Whole January 28, 2009 6:00 PM City Council January 28, 2009 7:00 PM Committee of the Whole February 11, 2009 6:00 PM City Council February 11, 2009 7:00 PM Committee of the Whole February 25, 2009 6:00 PM City Council February 25, 2009 7:00 PM Committee of the Whole March 4, 2009 6:00 PM City Council March 4, 2009 7:00 PM Committee of the Whole March 18, 2009 6:00 PM City Council March 18, 2009 7:00 PM Committee of the Whole April 8, 2009 6:00 PM City Council April 8, 2009 7:00 PM Committee of the Whole April 22, 2009 6:00 PM City Council April 22, 2009 7:00 PM Committee of the Whole May 13, 2009 6:00 PM City Council May 13, 2009 7:00 PM Committee of the Whole May 27, 2009 6:00 PM City Council May 27, 2009 7:00 PM Committee of the Whole June 10, 2009 6:00 PM City Council June 10, 2009 7:00 PM Committee of the Whole June 24, 2009 6:00 PM City Council June 24, 2009 7:00 PM Committee of the Whole July 8, 2009 6:00 PM City Council July 8, 2009 7:00 PM Committee of the Whole July 22, 2009 6:00 PM City Council July 22, 2009 7:00 PM Committee of the Whole August 12, 2009 6:00 PM City Council August 12, 2009 7:00 PM Committee of the Whole August 26, 2009 6:00 PM City Council August 26, 2009 7:00 PM Committee of the Whole September 9, 2009 6:00 PM City Council September 9, 2009 7:00 PM Committee of the Whole September 23, 2009 6:00 PM City Council September 23, 2009 7:00 PM NOVEMBER 5, 2008 VOLUME LXXIII 780 Committee of the Whole October 14, 2009 6:00 PM City Council October 14, 2009 7:00 PM Committee of the Whole October 28, 2009 6:00 PM City Council October 28, 2009 7:00 PM Committee of the Whole November 4, 2009 6:00 PM City Council November 4, 2009 7:00 PM Committee of the Whole November 18, 2009 6:00 PM City Council November 18, 2009 7:00 PM Committee of the Whole December 2, 2009 6:00 PM City Council December 2, 2009 7:00 PM Committee of the Whole December 16, 2009 6:00 PM City Council December 16, 2009 7:00 PM BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the foregoing City Council meetings shall be held in the City Council Chambers in City Hall at 150 Dexter Court, Elgin, Illinois 60120. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-256 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT (SPEED ENFORCEMENT) Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII NOVEMBER 5, 2008 781 Resolution No. 08-256 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT (SPEED ENFORCEMENT) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Highway Safety Project Grant in the amount of $45,880 for speed enforcement. BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-257 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT (2009 HOLIDAY MOBILIZATION – TRAFFIC ENFORCEMENT) Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-257 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT (2009 HOLIDAY MOBILIZATION - TRAFFIC ENFORCEMENT) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Highway NOVEMBER 5, 2008 VOLUME LXXIII 782 Safety Project Grant in the amount of $30,128 for 2009 holiday mobilization - traffic enforcement. BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-258 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT (DUI ENFORCEMENT) Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-258 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT (DUI ENFORCEMENT) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Highway Safety Project Grant in the amount of $119,935 for DUI enforcement. VOLUME LXXIII NOVEMBER 5, 2008 783 BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-259 ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH RYAN CENTRAL, INC. FOR CONSTRUCTION OF THE HIGHLANDS PHASE II GOLF COURSE Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-259 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH RYAN CENTRAL, INC. FOR CONSTRUCTION OF THE HIGHLANDS PHASE II GOLF COURSE WHEREAS, the City of Elgin has heretofore entered into a contract with Ryan Central, Inc. for construction of The Highlands Phase II Golf Course; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2, 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 NOVEMBER 5, 2008 VOLUME LXXIII 784 directed to execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-260 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH MARTAM CONSTRUCTION, INC. FOR THE SPARTAN DRIVE EXTENSION-PHASE II PROJECT Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-260 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH MARTAM CONSTRUCTION, INC. FOR THE SPARTAN DRIVE EXTENSION PHASE II PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Martam Construction, Inc., for the Spartan Drive Extension-Phase II 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 VOLUME LXXIII NOVEMBER 5, 2008 785 Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-261 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH MARTAM CONSTRUCTION, INC. FOR THE 2008 NEIGHBORHOOD RESURFACING-WING PARK BOULEVARD PROJECT Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-261 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH MARTAM CONSTRUCTION, INC. FOR THE 2008 NEIGHBORHOOD RESURFACING WING PARK BOULEVARD PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Martam Construction, Inc., for the 2008 Neighborhood Resurfacing-Wing Park Boulevard 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 CIT Y 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 NOVEMBER 5, 2008 VOLUME LXXIII 786 Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-262 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (355 ANN STREET) Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-262 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (355 Ann Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute a Real Estate Sale Contract on behalf of the City of Elgin with Habitat for Humanity for the purchase of property commonly known as 355 Ann Street, Elgin, for $125,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII NOVEMBER 5, 2008 787 RESOLUTION 08-263 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-263 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Charles Cassell, David Kaptain, Richard Pahl, and Curtis Sartor be and are hereby reappointed as a members of the Cultural Arts Commission, for terms to expire November 1, 2011. BE IT FURTHER RESOLVED that Robert Gilliam and Margaret “Peggie” Stromberg be and are hereby reappointed as a members of the Elgin Area Convention and Visitors Bureau, for terms that expires December 31, 2010. BE IT FUTHER RESOLVED that Dennis Roxworthy be and is hereby reappointed as a member of the Elgin Heritage Commission/Design Review Subcommittee for a term that expires on June 30, 2009. BE IT FUTHER RESOLVED that Jesse L. Jones and Joel Perez be and are hereby reappointed as members of the Housing Authority of Elgin Board for terms to expire on December 31, 2013. BE IT FUTHER RESOLVED that Randell Reopelle be and is hereby appointed as a member of the Elgin Area Convention and Visitors Bureau for a term to expire on December 31, 2009. BE IT FUTHER RESOLVED that that Jamie L. Venson be and is hereby appointed as a member of the Housing Authority of Elgin Board for a term to expire on December 1, 2012. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk NOVEMBER 5, 2008 VOLUME LXXIII 788 RESOLUTION 08-264 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF PLATS OF EASEMENT FOR PUBLIC UTILITIES IN WATERFORD UNIT 4, TALL OAKS UNIT 3 AND HIGHLAND WOODS SUBDIVISIONS Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-264 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF PLATS OF EASEMENTS FOR PUBLIC UTILITIES IN WATERFORD UNIT 4, TALL OAKS UNIT 3 AND HIGHLAND WOODS SUBDIVISIONS 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 plats of easement for public utilities in the following subdivisions as follows: Waterford-Unit 4 – construction of public utilities in the proposed 15‟ easement located on the northeast side of Water Road and Bowes Road; Tall Oaks-Unit 3 Subdivision – construction of public water main in the proposed easement located on the southeast side of US Route 20 and Russell Road; and Highland Woods Subdivision (by Crown Group) – construction of a sanitary force main by Pingree LLC on the northwest side of U.S. Route 20 and Coombs Road. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plats of easement to be recorded in the Office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII NOVEMBER 5, 2008 789 RESOLUTION 08-265 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN VARIOUS SINGLE LOT DEVELOPMENTS AND AUTHORIZING EXECUTION OF PLATS OF EASEMENT (CAPITAL CORPORATE CENTER, 3901 ROUTE 20 AND 3651 CENTENNIAL WAY) Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-265 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN VARIOUS SINGLE LOT DEVELOPMENTS AND AUTHORIZING EXECUTION OF PLATS OF EASEMENT (Capital Corporate Center, 3091 Route 20 and 3651 Centennial Way) 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 following public utility easements and improvements: Capital Corporate Center -1750 Capital Street - public water main in proposed water main easement (property located on the southwest side of Interstate 90 and Randall Road). 3091 Route 20 - public water main and bike-path, and a public sanitary sewer along the southern property line in a proposed easement (property located on the southeast side of Nesler Road and US Route 20). 3651 Centennial Way - public water main and a public utility easement (property located within Golf Course Country Club subdivision on the southwest side of Randall Road and Bowes Road). Acceptance of these improvements will add approximately 475 lineal feet of bike-path, 460 lineal feet of 8” sanitary sewer, three sanitary manholes, 38 lineal feet of 6” water main, 1,757 lineal feet of 8” water main, 439 lineal feet of 24” water main, six hydrants, and four valve vaults to the City maintained facilities. Four easements are being accepted to provide access for maintenance of these utilities. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plats of easement to be recorded in the Office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor NOVEMBER 5, 2008 VOLUME LXXIII 790 Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-266 ADOPTED ADOPTING THE DOWNTOWN PROJECTING SIGN PROGRAM Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-266 RESOLUTION ADOPTING THE DOWNTOWN PROJECTING SIGN PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby adopts the Downtown Projecting Sign Program dated October 2008 to fund the design and installation of new projecting signs for Elgin‟s downtown commercial properties, a copy of which is attached. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIII NOVEMBER 5, 2008 791 RESOLUTION 08-267 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH TRANE U.S., INC. FOR PROGRAMMING OF THE HVAC CONTROL SYSTEM AT THE POLICE FACILITY Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-267 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TRANE U.S., INC. FOR PROGRAMMING OF THE HVAC CONTROL SYSTEM AT THE POLICE FACILITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Trane U.S., Inc. for programming of the HVAC control system at the police facility, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk NOVEMBER 5, 2008 VOLUME LXXIII 792 RESOLUTION 08-268 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR TWO PART-TIME DOMESTIC VIOLENCE CASE WORKERS Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 08-268 RESOLUTION ACCEPTING A GRANT FROM THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR TWO PART-TIME DOMESTIC VIOLENCE CASE WORKERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized to accept a grant in the amount of $28,912 on behalf of the City of Elgin with the Illinois Criminal Justice Information Authority for two part-time domestic violence case managers. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 08-269 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF ILLINOIS FOR TWO PART-TIME DOMESTIC VIOLENCE CASE WORKERS Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIII NOVEMBER 5, 2008 793 Resolution No. 08-269 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF ILLINOIS FOR TWO PART-TIME DOMESTIC VIOLENCE CASE WORKERS 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 a grant agreement in the amount of $10,000 on behalf of the City of Elgin with the Attorney General of the State of Illinois for two part-time domestic violence case managers, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: November 5, 2008 Adopted: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G73-08 PASSED AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G8-05 (WEST POINT GARDENS SUBDIVISION – 100 NESLER ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G73-08 AN ORDINANCE AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G8-05 (West Point Gardens Subdivision – 100 Nesler Road) WHEREAS, the territory herein described has been annexed to the City of Elgin and classified in the PMFR Planned Multiple Family Residence District; and NOVEMBER 5, 2008 VOLUME LXXIII 794 WHEREAS, written application has been made to amend PMFR Planned Multiple Family Residence District Ordinance No. G8-05 to permit the construction of additional residential building elevations and floor plans in the West Point Gardens Subdivision; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said applications 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated October 15, 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. G8-05 entitled “An Ordinance Classifying Newly Annexed Territory in the PMFR Planned Multiple Family Residence District,” passed January12, 2005, be and is hereby amended in its entirety to read as follows: Section 3. 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 PMFR Planned Multiple Family Residence District, the following described property: Those areas on the attached Zoning Exhibit, prepared by Cowhey Gudmonson Leder, Ltd., and dated December 16, 2004, revised December 21, 2004, designated in the PMFR Planned Multiple Family Residence District.” Section 4. That the City Council of the City of Elgin hereby grants the PMFR Planned Multiple Family Residential District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a planned urban residential environment of the lowest standardized density for single family attached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PMFR District is most similar to, but departs from the standard requirements of, the MFR Multiple Family Residential District. VOLUME LXXIII NOVEMBER 5, 2008 795 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 PMFR 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 PMFR 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 PMFR zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PMFR 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 PMFR 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 PMFR District: Residence Division. 1. “Attached single family dwellings” [SR] (townhomes) (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). 6. “Residential storage” [SR] (UNCL). 7. “Residential storage of trucks or buses” [SR] (UNCL). Municipal Services Division. 8. Public parks, recreation, open space (UNCL) on a “zoning lot” [SR] containing less than two acres of land. Finance, Insurance, and Real Estate Division. 9. “Development sales office” [SR] (UNCL). Services Division. 10. “Family residential care facility” [SR] (8361). 11. “Home child day care services” [SR] (8351). 12. “Residential Care Facility” [SR]. Construction Division 13. “Contractors office and equipment areas” [SR] (UNCL). NOVEMBER 5, 2008 VOLUME LXXIII 796 Transportation, Communication, and Utilities Division. 14. “Amateur radio antennas” [SR] (UNCL). 15. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 16. “Radio and television antennas” [SR] (UNCL). 17. “Satellite dish antennas” [SR] (UNCL). 18. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 19. “Fences and walls” [SR] (UNCL). 20. “Parking lots” [SR] (UNCL), exclusively “accessory” [SR], subject to the provisions of Chapter 19.45, Off Street Parking. 21. “Refuse collection area” [SR]. 22. “Street graphics” [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics. 23. “Temporary uses” [SR] (UNCL). 24. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 25. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses. In this PMFR 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 “conditional use” [SR] in this PMFR zoning district: Residences Division. 1. Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Conditional commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 4. “Conditional commercial antenna tower” [SR] (UNCL) 5. “Other radio and television antennas” [SR] (UNCL). 6. “Other satellite dish antennas” [SR] (UNCL). 7. “Pipelines, except natural gas” (461). 8. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 9. “Parking structures” [SR] (UNCL), exclusively “accessory” [SR]. VOLUME LXXIII NOVEMBER 5, 2008 797 10. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 11. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PMFR Planned Multiple Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 12. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PMFR Multiple Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PMFR 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 PMFR district, the use and development of land and structures shall be subject to the following conditions: 1. Substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005. 2. Substantial conformance to the Preliminary Engineering Plans North and South, pages 1 and 2, prepared by Cowhey Gudmunson Leder, Ltd., dated August 2, 2004, with a final revision date of January 3, 2005. 3. Substantial conformance to the Master LS Plan pages 1 through 5, encompassing the Master LS Plan 2, Planting Details, and Detention Plan, prepared by Matarazzo Land Planning Consultants, Ltd., and dated September 9, 2004. 4. Substantial conformance to the Typical Townhome Streetscape, prepared by Matarazzo Land Planning Consultants, Inc., and dated August 19, 2004; and as amended by the Petitioner‟s Statement prepared by Curran Enterprises II, LLC, dated September 25, 2007, with attached building elevation drawings and floor plans. 5. All exterior building materials for the attached single family homes shall meet the design requirements of the Far West Area Plan. 6. The floor area for the attached single family dwellings shall be a minimum of 1,400 square feet, with the exception that one model may have a floor area of 1,325 square feet. H. Off-street Parking. In this PMFR 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 PMFR 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. Street Graphics. In this PMFR zoning district, street graphics shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. NOVEMBER 5, 2008 VOLUME LXXIII 798 K. Amendments. In this PMFR 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 PMFR zoning district authorize such an application. L. Planned Developments. In this PMFR zoning district, application for a planned development 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 PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. M. Conditional Uses. In this PMFR 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 PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. VOLUME LXXIII NOVEMBER 5, 2008 799 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. Section 5. 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: November 5, 2008 Passed: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: November 6, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G74-08 PASSED AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G6-05 (WEST POINT GARDENS SUBDIVISION – 100 NESLER ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G74-08 AN ORDINANCE AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G6-05 (West Point Gardens Subdivision – 100 Nesler Road) WHEREAS, the territory herein described has been annexed to the City of Elgin and classified in the PSFR2 Planned Single Family Residence District; and WHEREAS, written application has been made to amend PSFR2 Planned Single Family Residence District Ordinance No. G6-05 to permit the construction of additional residential building elevations and floor plans in the West Point Gardens Subdivision; and NOVEMBER 5, 2008 VOLUME LXXIII 800 WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated October 15, 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. G8-05 entitled “An Ordinance Classifying Newly Annexed Territory in the PMFR Planned Multiple Family Residence District,” passed January12, 2005, be and is hereby amended in its entirety to read as follows: Section 3. 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 PSFR2 Planned Single Family Residence District, the following described property: Those areas on the attached Zoning Exhibit, prepared by Cowhey Gudmonson Leder, Ltd., and dated December 16, 2004, and revised on December 21, 2004, designated in the PSFR2 Planned Single Family Residence District.” Section 4. That the development of this PSFR2 Planned Single Family Residence District as described in Section 1 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential 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. VOLUME LXXIII NOVEMBER 5, 2008 801 C. General Provisions. In this PSFR2 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 PSFR2 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 PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 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 PSFR2 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 PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). 14. “Street graphics” [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the NOVEMBER 5, 2008 VOLUME LXXIII 802 provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 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 “conditional use” [SR] in this PSFR2 zoning district: Residences Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Amateur radio antennas” [SR] (UNCL). 4. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. “Commercial antenna tower” [SR] (UNCL) 6. “Other radio and television antennas” [SR] (UNCL). 7. “Other satellite dish antennas” [SR] (UNCL). 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance, and in the Annexation Agreement. In this PSFR2 zoning district, the site design regulations shall be as follows: VOLUME LXXIII NOVEMBER 5, 2008 803 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions, of the Elgin Zoning Ordinance. 2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be 4,800 square feet per dwelling unit, and in substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005. 3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall be in substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005. 4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR] shall be subject to the provisions of the Elgin Zoning Ordinance, Section 19.12.400, Setbacks - Clarifications and Exceptions. 5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Local Street Setback. Where a zoning lot has frontage on a local street, the minimum required setback for a building from a street lot line shall be as follows: i. 40 foot wide lots. Eight (8) linear feet (lots 117-296). ii. 60 foot wide lots. Ten (10) linear feet (lots 1-116, and 297-343 as depicted on the Preliminary Plat of Subdivision, prepared by Cowhey Gudmonson Leder, Ltd., and dated January 3, 2005). b. Collector Street Setback. Where a zoning lot has frontage on a buffer yard adjoining a collector street, the minimum required setback for a building shall be ten (10) linear feet from the buffer yard. c. Side Setback. The minimum required building setback from a “side lot line” [SR] shall be as follows: i. 40 Foot Wide Lots (lot numbers as noted above). Zero (0) linear feet, however, the combined setback of both side setbacks shall be a minimum of five (5) linear feet. ii. 60 Foot Wide Lots (lot numbers as noted above). Zero (0) linear feet, however, the combined setback of both side setbacks shall be a minimum of ten (10) linear feet. d. Rear Setback. The minimum required building setback from a “rear lot line” [SR] shall be as follows: i. 40 Foot Wide Lots (lot numbers as noted above). eighteen and one-half (18.5) linear feet.. ii. 60 Foot Wide Lots (lot numbers as noted above). On those lots that do not have an alley to the rear of the lot, the required building setback shall be sixteen (16) linear feet. In all other cases, the building setback shall be eighteen and one-half (18.5) linear feet. NOVEMBER 5, 2008 VOLUME LXXIII 804 6. Accessory Structures and Buildings. In this PSFR2 zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance, with the following exception: For the purpose of determining setbacks, accessory buildings used for the parking of motorized vehicles (commonly known as “garages”), shall be subject to Section 2, Paragraph G. Site Design, Subparagraph 5. Setbacks by Lot Line. 7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance. 8. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.60 (60%). 9. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.55 (55%). 10. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.20 (20%). 11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand six hundred (1,600) square feet. 12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be developed in substantial conformance to the Master LS Plan pages 1 through 5, encompassing the Master LS Plan 2, Planting Details, and Detention Plan, prepared by Matarazzo Land Planning Consultants, Ltd., and dated September 9, 2004. 13. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: a. Substantial conformance to the following building elevations and floor plans for the Meier Farm, all prepared by Matarazzo Land Planning Consultants, Inc., and dated June 24, 2004, unless otherwise noted: i. 1787 sf, 2 Bedrooms Upstairs – Concept for a 40‟ Wide Lot ii. 2307 sf, 2 Bedroom Down – Concept for a 40‟ Wide Lot iii. 2496 sf, 3 Bedrooms Upstairs - Concept for a 40‟ Wide Lot iv. 2647 sf, 3 Bedrooms Upstairs - Concept for a 40‟ Wide Lot v. 2345 sf, Master Bedroom Down – Concept for a 40‟ Wide Lot vi. 2584 sf, 2 Bedroom Down - Concept for a 40‟ Wide Lot vii. 2591 sf, 4 Bedroom – Typical Concept for a 60‟ Wide Lot (dated August 2, 2004) VOLUME LXXIII NOVEMBER 5, 2008 805 viii. 3092 sf, 4 Bedroom – Typical Concept for a 60‟ Wide Lot (dated August 2, 2004) ix. 3147 sf, 5 Bedroom – Typical Concept for a 60‟ Wide Lot x. 3224 sf, 4 Bedroom - Typical Concept for a 60‟ Wide Lot, and, xi. as amended by the Petitioner‟s Statement prepared by Curran Enterprises II, LLC, dated September 25, 2007, with attached building elevation drawings and floor plans. No additional elevation in the Heritage and Kingston series of homes shall exceed 30% of the elevations in those series of homes. b. All exterior building materials for the single family homes shall meet the exterior building materials requirements of the Far West Area Plan. c. The 1,787 square foot dwelling shall be limited to a maximum of 50 lots (15% of the total number of dwelling units). d. Additions to any residential structures on the Subject Property shall only be permitted to the rear elevations of such structures and no additions shall be permitted to the front and/or side elevations on any such residential structures. e. Substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005. f. Substantial conformance to the Preliminary Engineering Plans North and South, pages 1 and 2, prepared by Cowhey Gudmunson Leder, Ltd., dated August 2, 2004, with a final revision date of January 3, 2005. H. Off-Street Parking. In this PSFR2 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 PSFR2 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. Street Graphics. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. K. Amendments. In this PSFR2 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 PSFR2 zoning district authorize such an application. NOVEMBER 5, 2008 VOLUME LXXIII 806 L. Planned Developments. In this PSFR2 zoning district, application for a planned development 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 PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 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 PSFR2 zoning district and without necessitating that all other propert y owners in this PSFR2 zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that al l other property owners in this PSFR2 zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. VOLUME LXXIII NOVEMBER 5, 2008 807 Section 5. 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: November 5, 2008 Passed: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: November 6, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G75-08 PASSED AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “HISTORIC PRESERVATION” Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G75-08 AN ORDINANCE AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "HISTORIC PRESERVATION" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 20.04 of the Elgin Municipal Code, 1976, as amended, entitled “Definitions” be and is hereby further amended by amending the definition of “Significant Exterior Architectural Feature” therein to read as follows: “SIGNIFICANT EXTERIOR ARCHITECTURAL FEATURE: Foundation; cornerstone; siding; masonry; stucco; roofs; chimneys; gutters; downspouts; entrances and doors; windows; masonry piers, gate posts; porches; stoops and railings; cornices and friezes; ornamentation, including but not limited to, trim, brackets, plaques, engravings, inscriptions, gargoyles, roof creating, ridge caps, finials, corbelled masonry, chimney straps, hood molds, shutters, awnings and light fixtures; grade levels adjacent to buildings; garages, outbuildings and other accessory structures.” NOVEMBER 5, 2008 VOLUME LXXIII 808 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 Presented: November 5, 2008 Passed: November 5, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: November 6, 2008 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Hotel/Motel Tax for September 2008 Telecommunications Tax for July 2008 Sales Tax for July 2008 Centre Advisory Board Minutes for September 11, 2008 Golf Leadership Team Minutes for February 26, 2008 Heritage Commission Design Review Subcommittee for September 23, 2008 Liquor Control Commission Minutes for August 6, 2008 Parks and Recreation Advisory Board Minutes for August 26, 2008 and September 30, 2008 Veterans Memorial Park Committee Meeting Minutes for September 17, 2008 Committee of the Whole Minutes for October 8, 2008 City Council Minutes for October 8, 2008 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. VOLUME LXXIII NOVEMBER 5, 2008 809 ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 8:00 p.m. s/ Diane Robertson November 19, 2008 Diane Robertson, City Clerk Date Approved