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HomeMy WebLinkAboute - March 4, 2009 CC96 MARCH 4, 2009 VOLUME LXXIV 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 March 4, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:30 p.m. The Invocation was given by Police Sergeant Gary Neal, Sr. and the Pledge of Allegiance was led by City Manager Olufemi Folarin. ROLL CALL Roll call was answered by Councilmembers Figueroa, Kaptain, Steffen, Walters and Mayor Schock. Absent: Councilmember Gilliam. MINUTES OF THE FEBRUARY 11, 2009, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Steffen, to approve the February 11, 2009, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Debra Perryman and a group of her students from Elgin High School gave a presentation on Project Save My Earth. The goals of this project included planting trees and initiating a tree ordinance for the city. Councilmembers were provided a packet of information from the group. Councilmember Kaptain stated that he would like to turn this project over to the Task Force on Sustainability. Gary and Cindy Bohlin expressed their concerns regarding the CF zoning for the Cedar Avenue area. They would like to see this changed. Deborah Willis asked if the city was receiving any money from the stimulus package and, if so, how it was going to be utilized. Mayor Schock stated that most of the money would be going to various state agencies and the state agencies would allocate how it would be used. He said one of the reasons for having Elgin Day in Springfield was to acquaint state officials with the needs of the city. James Holik stated that historic attributes were very important to a community and hoped that the Council would consider this when making financial decisions. He did not want to see the historic grants reduced. VOLUME LXXIV MARCH 4, 2009 97 Jim Armstrong said that he supported the historic grants and did not want to see them reduced. Donna Schuring Redmer stated she was a candidate running for Trustee for Elgin Community College and she hopes to work closely with the City. Josh Harris expressed his concerns about any budget cuts to the historical grant program. BID 08-106 AWARDED TO H & H LAWN SERVICE FOR CONTRACTUAL GROUNDS MAINTENANCE FOR CODE ADMINISTRATION DEPARTMENT Councilmember Figueroa made a motion, seconded by Councilmember Walters, to award a contract to H & H Lawn service in the amount of $60,830 for contractual grounds maintenance for the Code Administration Department. Councilmember Steffen explained that this bid is for the mowing of abandoned properties. He thanked staff for being proactive in this area and challenged the Elgin Community Network and the Neighborhood Watch groups to work with city staff regarding abandoned and foreclosed homes. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 09-002 AWARDED TO FEENY CJD FOR THE PURCHASE OF A POLICE DRUG UNIT SURVEILLANCE VEHICLE Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Feeny CJD in the amount of $19,172 for the purchase of a police drug unit surveillance vehicle. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. BID 09-003 AWARDED TO BARTON ELECTRIC, INC. FOR THE WING PARK BASEBALL FIELD LIGHTING PROJECT Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to award a contract to Barton Electric, Inc. in the amount of $196,389 for the Wing Park baseball field lighting project. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. MARCH 4, 2009 VOLUME LXXIV 98 CONTRACT AWARDED TO LANDMARK AUTOMOTIVE GROUP FOR THE PURCHASE OF ONE POLICE TACTICAL RESPONSE TEAM TRANSPORT VAN THROUGH THE STATE OF ILLINOIS BID CONTRACT PROGRAM Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Landmark Automotive Group for the purchase of one Police Tactical Response Team transport van in the amount of $20,783 through the State of Illinois Bid Contract Program. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Figueroa made a motion, seconded by Councilmember Steffen, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Meade Electric Company Chicago, IL $44,420.65 Emergency repair of traffic signals during the last quarter of 2008 IHC Construction Company Elgin, IL $135,541.30 Sanitary pipe repairs in January - May 2008 CONSENT AGENDA By unanimous consent, Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G10-09 through G12-09, S4-09, T3-09, and T4-09, and adopt Resolution Nos. 09-26 through 09-59 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 09-26 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-26 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS , that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby VOLUME LXXIV MARCH 4, 2009 99 authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Elgin Symphony Orchestra for youth programming and general operational support, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-27 ADOPTED RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-27 RESOLUTION RELEASING CERTAIN EXECUTIVE SESSION MINUTES OF THE CITY COUNCIL OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin has met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and WHEREAS, pursuant to the requirements of the Illinois Open Meetings Act, the City Council has met in closed session to review all closed session minutes; and WHEREAS, they have determined that a need for confidentiality still exists as to a portion of the executive session minutes from the meetings set forth on the exhibit referred to herein; and WHEREAS, they have further determined that the remaining portion of the meetings listed no longer require confidential treatment and should be made available for public inspection. MARCH 4, 2009 VOLUME LXXIV 100 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The executive session minutes for the period from July 23, 2008 through December 17, 2008 are hereby approved. Section 2. The executive session minutes or the portions thereof set forth on the attached Exhibit A no longer require confidential treatment and are hereby made available for public inspection. The City Clerk is hereby authorized and directed to make said minutes or the portions thereof available for inspection and copying as public records. Section 3. The need for confidentiality still exists as to all or parts of those minutes set forth in Exhibit B. Section 4. This resolution shall be in full force and effect from and after its passage. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-28 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIV MARCH 4, 2009 101 Resolution No. 09-28 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jackie Tredup be and is hereby appointed as a member of the Economic Development Council, for a term to expire December 31, 2010. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-29 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR RANDALL COMMONS (900 S. RANDALL ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-29 RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION FOR RANDALL COMMONS (900 South Randall Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Haeger Engineering L.L.C. dated February 15, 2007, and last revised July 16, 2008, for the Randall Commons Subdivision. s/ Ed Schock Ed Schock, Mayor MARCH 4, 2009 VOLUME LXXIV 102 Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-30 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SYBIL SHORE Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-30 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SYBIL SHORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Sybil Shore for group fitness instruction and classes at The Centre from January 1, 2009 to December 31, 2009, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV MARCH 4, 2009 103 RESOLUTION 09-31 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH DANAE MOLITER Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-31 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH DANAE MOLITER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Danae Moliter for group fitness instruction and classes at The Centre from January 1, 2009 to December 31, 2009, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-32 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH BOONTIVA TROUNG-QUANG Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-32 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH BOONTIVA TROUNG-QUANG BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby MARCH 4, 2009 VOLUME LXXIV 104 authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Boontiva Troung-Quang for group fitness instruction and classes at The Centre from January 1, 2009 to December 31, 2009, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-33 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH BEVERLY GRINDEL Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-33 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH BEVERLY GRINDEL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Beverly Grindel for group fitness instruction and classes at The Centre from January 1, 2009 to December 31, 2009, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV MARCH 4, 2009 105 Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-34 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SARAH KOECKRITZ Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-34 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SARAH KOECKRITZ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Sarah Koeckritz for group fitness instruction and classes at The Centre from January 1, 2009 to December 31, 2009, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk MARCH 4, 2009 VOLUME LXXIV 106 RESOLUTION 09-35 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH SPORTS ENDEAVORS, INC. Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-35 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SPORTS ENDEAVORS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Sports Endeavors, Inc. for volleyball instruction at The Centre from January 1, 2009 thru December 31, 2009, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-36 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE SPARTAN GREEN SUBDIVISION Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIV MARCH 4, 2009 107 Resolution No. 09-36 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE SPARTAN GREEN SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance in the Spartan Green Subdivision the following public improvements: the sanitary sewer, storm sewer, water main, streets, sidewalks, and street lights which will add approximately 398 lineal feet of 8” water main, 4,014 lineal feet of 10” water main, 5 valves and vaults, 13 fire hydrants, 1,738 lineal feet of 8” sanitary sewer, 9 sanitary manholes, 172 lineal feet of 12” storm sewer, 234 lineal feet of 15” storm sewer, 17 lineal feet of 18” storm sewer, 7 catch basins, 4 street lights, 800 lineal feet of improved street (including curb & gutter and sidewalk on both sides of the street) and their appurtenances to the city maintained facilities. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-37 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE OTTER CREEK INTERCEPTOR SEWER AND WATER MAIN (PHASE 5B) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-37 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE OTTER CREEK INTERCEPTOR SEWER AND WATER MAIN (PHASE 5B) 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 Otter Creek Interceptor MARCH 4, 2009 VOLUME LXXIV 108 Sewer and Water Main, Phase 5B, which will add 110 lineal feet of 10 inch, 1,553 lineal feet of 14 inch, 630 lineal feet of 18 inch, 2,330 lineal feet of 20 inch and 3,050 lineal feet of 24 inch diameter sanitary sewer, and 15 sanitary sewer manholes, 124 lineal feet of 12 inch and 9,672 lineal feet of 16 inch diameter water main, 20 valves in vaults and 20 fire hydrants to the city‟s inventory. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-38 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATERMAIN PURPOSES FROM PINGREE CREEK, L.L.C. Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-38 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATERMAIN PURPOSES FROM PINGREE CREEK, L.L.C. 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 an easement agreement for watermain purposes from Pingree Creek L.L.C., for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV MARCH 4, 2009 109 Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-39 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES FROM PINGREE CREEK, L.L.C. Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-39 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES FROM PINGREE CREEK, L.L.C. 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 an easement agreement for sanitary sewer purposes from Pingree Creek L.L.C., for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk MARCH 4, 2009 VOLUME LXXIV 110 RESOLUTION 09-40 ADOPTED ACCEPTING AND AUTHORIZING EXECUTION OF THE 2009 MOTOR FUEL TAX MUNICIPAL ESTIMATE OF MAINTENANCE COSTS Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-40 RESOLUTION ACCEPTING AND AUTHORIZING EXECUTION OF THE 2009 MOTOR FUEL TAX MUNICIPAL ESTIMATE OF MAINTENANCE COSTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts and authorizes Olufemi Folarin, City Manager, to execute the 2009 Motor Fuel Tax Municipal Estimate of Maintenance Costs, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-41 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIV MARCH 4, 2009 111 Resolution No. 09-41 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Kane County Child Advocacy Center through the Kane County State‟s Attorney for funding assistance for the investigation of incidents of child abuse and juvenile sexual abuse, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-42 ADOPTED AUTHORIZING THE DISTRIBUTION OF GRANTS TO YOUTH SPORTS ORGANIZATIONS Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-42 RESOLUTION AUTHORIZING THE DISTRIBUTION OF GRANTS TO YOUTH SPORTS ORGANIZATIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, is hereby authorized and directed to distribute grants to the following youth sports organizations for the purposes specified herein and pursuant to the terms and conditions in the agreements between the City of Elgin and the respective youth sports organizations: MARCH 4, 2009 VOLUME LXXIV 112 Grant League Project Amount Elgin American Little League Field #3 upgrade of playing surface $ 8,600 American Legion Practice Hitting Pads $ 500 Elgin Classic Little League Electrical Panel Repair $ 5,000 Babe Ruth Teener League Shelter $ 16,000 Elgin Youth Football Safety Fence Cover - $1,900 Gate - $ 950 $ 2,850 Elgin Continental Little League Bleachers $ 12,400 Elgin National Little League Electrical Box/Breaker $ 3,000 Elgin Kickers Pugg Goals $ 600 Training $ 4,000 Contingency $ 2,560 Total Grant Allocation $ 55,510 s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-43 ADOPTED PLACING THE INTERNATIONAL BUILDING CODE 2006 ON FILE IN THE OFFICE OF THE CITY CLERK Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIV MARCH 4, 2009 113 Resolution No. 09-43 RESOLUTION PLACING THE INTERNATIONAL BUILDING CODE 2006 ON FILE IN THE OFFICE OF THE CITY CLERK WHEREAS, the City of Elgin is considering adopting by reference the International Building Code 2006 as the regulations governing the construction, alteration, addition, repair, demolition, location, occupancy and maintenance of all buildings and structures in the City of Elgin; and, WHEREAS, the International Building Code 2006 has been published by the International Code Council, Inc., Country Club Hills, Illinois; and, WHEREAS, Section 1-3-2 of the Illinois Municipal Code (65 ILCS 5/1-3-2) authorizes any municipality to adopt by reference the provisions of any regulations or public records provided that one copy of such regulations or public records is filed with the City Clerk for a period of thirty (30) days prior to adoption of an ordinance which incorporates such regulations or public records by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a copy of the International Building Code 2006 be and is hereby directed to be placed on file in the office of the City Clerk for public inspection and examination for a period of thirty (30) days. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-44 ADOPTED PLACING THE INTERNATIONAL RESIDENTIAL CODE 2006 ON FILE IN THE OFFICE OF THE CITY CLERK Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. MARCH 4, 2009 VOLUME LXXIV 114 Resolution No. 09-44 RESOLUTION PLACING THE INTERNATIONAL RESIDENTIAL CODE 2006 ON FILE IN THE OFFICE OF THE CITY CLERK WHEREAS, the City of Elgin is considering adopting by reference the International Residential Code 2006 for regulating the fabrication, erection, construction, enlargement, alteration, repair, location and use of one- and two-family dwellings and structures in the City of Elgin; and, WHEREAS, the International Residential Code 2006 has been published by the International Code Council, Inc., Country Club Hills, Illinois; and, WHEREAS, Section 1-3-2 of the Illinois Municipal Code (65 ILCS 5/1-3-2) authorizes any municipality to adopt by reference the provisions of any regulations or public records provided that one copy of such regulations or public records is filed with the City Clerk for a period of thirty (30) days prior to adoption of an ordinance which incorporates such regulations or public records by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a copy of the International Residential Code 2006 be and is hereby directed to be placed on file in the office of the City Clerk for public inspection and examination for a period of thirty (30) days. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV MARCH 4, 2009 115 RESOLUTION 09-45 ADOPTED PLACING THE INTERNATIONAL MECHANICAL CODE 2006 AND NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLET NO. 54, ENTITLED “INSTALLATION OF GAS APPLIANCES AND GAS PIPING,” 2006 EDITION ON FILE IN THE OFFICE OF THE CITY CLERK Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-45 RESOLUTION PLACING THE INTERNATIONAL MECHANICAL CODE 2006 AND NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLET NO. 54, ENTITLED “INSTALLATION OF GAS APPLIANCES AND GAS PIPING,” 2006 EDITION ON FILE IN THE OFFICE OF THE CITY CLERK WHEREAS, the City of Elgin is considering adopting by reference the International Mechanical Code 2006 and NFPA Pamphlet No. 54, entitled “Installation of Gas Appliances and Gas Piping,” 2006 edition, for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems and low pressure gas piping and appliances in the City of Elgin; and, WHEREAS, the International Mechanical Code 2006 has been published by the International Code Council, Inc., Country Club Hills, Illinois; and, WHEREAS, NFPA Pamphlet No. 54, entitled “Installation of Gas Appliances and Gas Piping,” 2006 edition, has been published by the National Fire Protection Association, Quincy, Massachusetts; and, WHEREAS, Section 1-3-2 of the Illinois Municipal Code (65 ILCS 5/1-3-2) authorizes any municipality to adopt by reference the provisions of any regulations or public records provided that one copy of such regulations or public records is filed with the City Clerk for a period of thirty (30) days prior to adoption of an ordinance which incorporates such regulations or public records by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a copy of the International Mechanical Code 2006 and NFPA Pamphlet No. 54, entitled “Installation of Gas Appliances and Gas Piping,” 2006 edition, be and are hereby directed to be placed on file in the office of the City Clerk for public inspection and examination for a period of thirty (30) days. s/ Ed Schock Ed Schock, Mayor MARCH 4, 2009 VOLUME LXXIV 116 Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-46 ADOPTED PLACING NFPA 70 NATIONAL ELECTRICAL CODE, 2005 EDITION, ON FILE IN THE OFFICE OF THE CITY CLERK Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-46 RESOLUTION PLACING NFPA 70 NATIONAL ELECTRICAL CODE, 2005 EDITION, ON FILE IN THE OFFICE OF THE CITY CLERK WHEREAS, the City of Elgin is considering adopting by reference the NFPA 70 National Electrical Code, 2005 edition, for regulating and governing installations of electric conductors and equipment within or on public or private buildings or other structures, including mobile homes, recreational vehicles, and floating buildings, and other premises such as yards, carnival, parking and other lots, and industrial substations in the City of Elgin; and, WHEREAS, NFPA 70 National Electrical Code, 2005 edition, has been published by the National Fire Protection Association, Quincy, Massachusetts; and, WHEREAS, Section 1-3-2 of the Illinois Municipal Code (65 ILCS 5/1-3-2) authorizes any municipality to adopt by reference the provisions of any regulations or public records provided that one copy of such regulations or public records is filed with the City Clerk for a period of thirty (30) days prior to adoption of an ordinance which incorporates such regulations or public records by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a copy of the NFPA 70 National Electrical Code, 2005 edition, be and is hereby directed to be placed on file in the office of the City Clerk for public inspection and examination for a period of thirty (30) days. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV MARCH 4, 2009 117 Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-47 ADOPTED PLACING THE INTERNATIONAL ENERGY CONSERVATION CODE 2006 ON FILE IN THE OFFICE OF THE CITY CLERK Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-47 RESOLUTION PLACING THE INTERNATIONAL ENERGY CONSERVATION CODE 2006 ON FILE IN THE OFFICE OF THE CITY CLERK WHEREAS, the City of Elgin is considering adopting by reference the International Energy Conservation Code 2006 for regulating and governing energy efficient building envelopes and the installation of energy efficient mechanical, lighting and power systems in the City of Elgin; and, WHEREAS, the International Energy Conservation Code 2006 has been published by the International Code Council, Inc., Country Club Hills, Illinois; and, WHEREAS, Section 1-3-2 of the Illinois Municipal Code (65 ILCS 5/1-3-2) authorizes any municipality to adopt by reference the provisions of any regulations or public records provided that one copy of such regulations or public records is filed with the City Clerk for a period of thirty (30) days prior to adoption of an ordinance which incorporates such regulations or public records by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a copy of the International Energy Conservation Code 2006 be and is hereby directed to be placed on file in the office of the City Clerk for public inspection and examination for a period of thirty (30) days. s/ Ed Schock Ed Schock, Mayor MARCH 4, 2009 VOLUME LXXIV 118 Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-48 ADOPTED PLACING THE 2004 ILLINOIS STATE PLUMBING CODE ON FILE IN THE OFFICE OF THE CITY CLERK Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-48 RESOLUTION PLACING THE 2004 STATE OF ILLINOIS PLUMBING CODE ON FILE IN THE OFFICE OF THE CITY CLERK WHEREAS, the City of Elgin is considering adopting by reference the State of Illinois Plumbing Code, as amended, for regulating the design and installation of new plumbing or plumbing systems and the alteration of plumbing systems in the City of Elgin; and, WHEREAS, the State of Illinois Plumbing Code, 77 Ill. Adm. Code 890.110 et seq., has been published by the State of Illinois Department of Public Health; and, WHEREAS, Section 1-3-2 of the Illinois Municipal Code (65 ILCS 5/1-3-2) authorizes any municipality to adopt by reference the provisions of any regulations or public records provided that one copy of such regulations or public records is filed with the City Clerk for a period of thirty (30) days prior to adoption of an ordinance which incorporates such regulations or public records by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a copy of the State of Illinois Plumbing Code, as amended, be and is hereby directed to be placed on file in the office of the City Clerk for public inspection and examination for a period of thirty (30) days. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV MARCH 4, 2009 119 Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-49 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CURBSIDE, INC. FOR THE PURCHASE OF HOUSEHOLD HAZARDOUS WASTE DISPOSAL SERVICES Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-49 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CURBSIDE, INC. FOR THE PURCHASE OF HOUSEHOLD HAZARDOUS WASTE DISPOSAL SERVICES 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 Curbside, Inc. for the purchase of household hazardous waste disposal services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor MARCH 4, 2009 VOLUME LXXIV 120 Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-50 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH EDAW, INC. FOR PHASE I OF THE ELGIN SUSTAINABLE CITY MASTER PLAN Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-50 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH EDAW, INC. FOR PHASE I OF THE ELGIN SUSTAINABLE CITY MASTER PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with EDAW, Inc. for Phase I of the Elgin Sustainable City Master Plan, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV MARCH 4, 2009 121 RESOLUTION 09-51 ADOPTED AUTHORIZING A LOAN AGREEMENT WITH THE HISPANIC HERITAGE COALITION Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-51 RESOLUTION AUTHORIZING A LOAN AGREEMENT WITH THE HISPANIC HERITAGE COALITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized to enter into a loan agreement with the Hispanic Heritage Coalition, providing for a loan of city funds to the Hispanic Heritage Coalition in the amount of $44,436.60, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-52 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN CONTINENTAL LITTLE LEAGUE FOR FIELD USAGE AT CONTINENTAL FIELDS Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. MARCH 4, 2009 VOLUME LXXIV 122 Resolution No. 09-52 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN CONTINENTAL LITTLE LEAGUE FOR FIELD USAGE AT CONTINENTAL FIELDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Elgin Continental Little League for field usage at Continental Fields, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-53 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN BABE RUTH TEENER LEAGUE FOR FIELD USAGE AT TROUT PARK Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-53 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN BABE RUTH TEENER LEAGUE FOR FIELD USAGE AT TROUT PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Elgin Babe Ruth Teener League for field usage at Trout Park, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV MARCH 4, 2009 123 Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-54 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN CLASSIC LITTLE LEAGUE FOR FIELD USAGE AT WING PARK Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-54 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN CLASSIC LITTLE LEAGUE FOR FIELD USAGE AT WING PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Elgin Classic Little League for field usage at Wing Park, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk MARCH 4, 2009 VOLUME LXXIV 124 RESOLUTION 09-55 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN AMERICAN LEGION POST 57 FOR FIELD USAGE AT WING PARK Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-55 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN AMERICAN LEGION POST 57 FOR FIELD USAGE AT WING PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Elgin American Legion Post 57 for field usage at Wing Park, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-56 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN AMERICAN LITTLE LEAGUE FOR FIELD USAGE AT LORDS PARK Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. VOLUME LXXIV MARCH 4, 2009 125 Resolution No. 09-56 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN AMERICAN LITTLE LEAGUE FOR FIELD USAGE AT LORDS PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Elgin American Little League for field usage at Lords Park, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-57 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN KICKERS UNITED SOCCER CLUB FOR FIELD USAGE AT THE SPORTS COMPLEX Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-57 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE UNITED KICKERS SOCCER CLUB FOR FIELD USAGE AT THE SPORTS COMPLEX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the United Kickers Soccer Club for field usage at the Sports Complex, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor MARCH 4, 2009 VOLUME LXXIV 126 Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-58 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN YOUTH FOOTBALL LEAGUE FOR FIELD USAGE AT DRAKE FIELD Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-58 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN YOUTH FOOTBALL LEAGUE FOR FIELD USAGE AT DRAKE FIELD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Elgin Youth Football League for field usage at Drake Field, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV MARCH 4, 2009 127 RESOLUTION 09-59 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN NATIONAL LITTLE LEAGUE FOR FIELD USAGE AT LORDS PARK Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 09-59 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN NATIONAL LITTLE LEAGUE FOR FIELD USAGE AT LORDS PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Elgin National Little League for field usage at Lords Park, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S4-09 PASSED DESIGNATING THE WILCOX HOUSE AT 327 W. CHICAGO STREET AS A HISTORICAL LANDMARK Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. MARCH 4, 2009 VOLUME LXXIV 128 Ordinance No. S4-09 AN ORDINANCE DESIGNATING THE WILCOX HOUSE AT 327 W. CHICAGO STREET AS A HISTORICAL LANDMARK WHEREAS, the Elgin Heritage Commission has conducted a public hearing and determined that the Wilcox House at 327 W. Chicago Street meets the criteria of the Elgin Municipal Code, 1976, as amended, for designation of an historical landmark; and WHEREAS, the Elgin Heritage Commission has submitted its report and findings in support of its determination and recommendation; and WHEREAS, the Wilcox House at 327 W. Chicago Street has been identified by the Elgin Heritage Commission, as a significant historical and architectural structure within the City of Elgin due to its connection to prominent Elgin citizens and its significant architectural and structural design; and WHEREAS, it is appropriate to promote civic pride through an awareness of Elgin‟s unique development and history; and encourage the conservation and preservation of an important segment of the man-made environment of the City of Elgin; and WHEREAS, the City Council has reviewed the recommendation of the Elgin Heritage Commission and concurs in the recommendation to designate the Wilcox House at 327 W. Chicago Street as a historical landmark. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Wilcox House at 327 W. Chicago Street, located upon the property legally described as follows: Lots 1 and 2 in Block 2 of South Park Addition to Elgin, Kane County, Illinois be and is hereby designated as an historical landmark as provided in Chapter 20.06 of the Elgin Municipal Code, 1976, as amended. BE IT FURTHER ORDAINED that the City Clerk is authorized and directed to provide notice, send copies of the ordinance, and record a certified copy of the ordinance in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV MARCH 4, 2009 129 Presented: March 4, 2009 Passed: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: March 5, 2009 Published: March 6, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G10-09 PASSED AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G61-06 FOR THE ESTABLISHMENT OF AN AMUSEMENT CENTER (925-943 S. MCLEAN BOULEVARD) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G10-09 AN ORDINANCE AMENDING PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT ORDINANCE NO. G61-06 FOR THE ESTABLISHMENT OF AN AMUSEMENT CENTER (925-943 South McLean Boulevard) WHEREAS, written application has been made to reclassify certain property located at 925-943 South McLean Boulevard classified as PORI Planned Office Research Industrial District; and WHEREAS, the Planning and Development Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated January 20, 2009, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. MARCH 4, 2009 VOLUME LXXIV 130 Section 2. That Ordinance No. 61-06 entitled “An Ordinance Granting a Map Amendment from ORI Office Research Industrial District to PORI Planned Office Research Industrial District,” passed July 12, 2006, be and is hereby repealed. Section 3. 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 herein before laid out in the „Zoning District Map‟, as amended, be and are hereby altered by including in the PORI Planned Office Research Industrial District the following described property: Lots 1, 2 and 3 in Huron‟s McLean Boulevard Subdivision, being a subdivision of part of the Northwest Quarter of Section 27, Township 41 North, Range 8 East, of the Third Principal Meridian, in Kane County, Illinois (property commonly known as 925-943 South McLean Boulevard). Section 4. That the City Council of the City of Elgin hereby grants the rezoning of the PORI District for the property commonly known as 925 to 943 South McLean Boulevard, and legally described above, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PORI Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions of Chapter 19.60, Planned Developments. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. B. Supplementary Regulations. Any word or phrase contained within this ordinance followed by the symbol "[SR]" shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PORI District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, as may be amended from time to time. D. Zoning Districts Generally. In this PORI District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of the Elgin Municipal Code, as may be amended from time to time. E. Location and Size of Districts. Planned industrial districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate planned industrial district exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than VOLUME LXXIV MARCH 4, 2009 131 two acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council. F. Land Use. In this PORI District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 of this Title. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR], as a "conditional use" [SR], or as a "similar use" [SR] in this PORI Office Research Industrial District, as amended. A. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in this PORI Office Research Industrial District: 1. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 2. Offices Division: "Offices" [SR] (UNCL). 3. Finance, Insurance, and Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 4. Services Division: Advertising (731). Amusement and Recreation Services not elsewhere classified limited to Laser Tag Arenas (7999) Armored car service (7381). Beauty shops (723). "Bed and breakfast inns" [SR] (7011). Carpet and upholstery cleaning agents without plants on the premises (7217). Colleges, universities, professional schools, and junior colleges (822). Commercial, economic, sociological, and educational research (8732). Commercial physical and biological research (8731). Computer programming, data processing, and other computer-related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Dance studios and schools (791). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management, and related services (87). Garment pressing, and agents for laundries and dry cleaners (7212). Home furniture, furnishings, and equipment stores (57). Home health care services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). MARCH 4, 2009 VOLUME LXXIV 132 Legal services (811). Libraries (823). Linen supply (7213). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Membership organizations (86). Miscellaneous equipment rental and leasing (735). Miscellaneous repair shops and related services (769). Motion picture distribution and allied services (782). Motion picture production and allied services (781). Motor vehicle top, body, and upholstery repair, and paint shops [SR] (753). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). Outdoor advertising services (7312). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait (722). Physical fitness facilities (7991). Professional sports operators and promoters (7941). Radio and television repair shops (7622). Refrigerator and air-conditioning service and repair (7623). Reupholstery and furniture repair (764). Services to dwellings and other buildings (734). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Truck route laundry and dry cleaning not operated by laundries or cleaners (7212). Videotape rental (784). Welding repair (7692). Vocational schools (824). Watch, clock, and jewelry repair (763). 5. Retail Trade Division: Automatic merchandising machine operators (5962). Building materials, hardware and garden supply (52). Catalog and mail-order houses (5961). VOLUME LXXIV MARCH 4, 2009 133 Direct selling establishments (5963). Florists (5992). General merchandise stores (53). News dealers (5994). Optical good stores (5995). 6. Agricultural Division: Crop services (072). Dog grooming (0752). Farm labor and management services (076). Landscape counseling and planning (0781). Lawn and garden services (0782). Soil preparation services (071). Veterinary services and household pets (0742). 7. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 8. Manufacturing Division: Apparel and other finished products made from fabrics and similar materials (23). Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). Computer and office equipment (357). Electronic and other electrical equipment and components (36). Fabricated metal products (34). Furniture and fixtures (25). Industrial and commercial machinery and equipment (35). Leather and leather products (31). Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; and watches and clocks (38). Miscellaneous manufacturing industries (39). Primary metal industries (33). Printing, publishing, and allied industries (27). Stone, clay, glass and concrete products (32). Tobacco products (21). Transportation equipment (37). 9. Wholesale Trade Division: Apparel piece goods and notions (513). Beer, wine and distilled alcoholic beverages (518). Drugs, drug proprietaries and druggists' sundries (512). Chemicals and allied products (516). Electrical goods (506). Farm product raw materials (515). Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). Lumber and other construction materials (503). Machinery, equipment, and supplies (508). MARCH 4, 2009 VOLUME LXXIV 134 Metals and minerals, except petroleum (505). Miscellaneous durable goods (509). Miscellaneous non-durable goods (519). Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). Petroleum and petroleum products (517). Professional and commercial equipment and supplies (504). 10. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators offices (414). Cable and other pay television services (484). "Commercial antenna tower" [SR] (UNCL). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Courier services (4215). Freight forwarding in general (4731). Intercity and rural bus transportation operators' offices (413). Local and suburban passenger transportation operators' offices (411). Natural gas transmission and distribution (4922) (4924). Packing and crating (4783). Public warehousing and storage (422). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL). 11. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the ORI Office Research Industrial District to the provisions of Section 19.10.400 of this Title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.47 of this Title. VOLUME LXXIV MARCH 4, 2009 135 "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI Office Research Industrial District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). B. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PORI Office Research Industrial District: 1. Municipal Services Division: "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Services Division: Carpet or rug cleaning, dying, or repairing plants (7217). Child daycare services (835). Dry-cleaning plants (7216). Individual and family social services (832). Industrial launderers (7218). Power laundries (7211). 4. Retail Trade Division: Carryout restaurants (5812). Drinking places (alcoholic beverages) (5813). Eating places (5812). "Outdoor eating and drinking facilities" [SR] (UNCL). 5. Mining Division: "Temporary mining" [SR] (UNCL). 6. Manufacturing Division: Chemicals and allied products (28). Food and kindred products (20). Lumber and wood products (24). Paper and allied products (26). Petroleum refining and related industries (29). Rubber and miscellaneous plastics products (30). Textile mill products (22). 7. Transportation, Communication And Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Heliports (458). MARCH 4, 2009 VOLUME LXXIV 136 Natural gas storage. "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Pipelines, except natural gas (461). Railroad tracks (401). "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 8. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the ORI Office Research Industrial District, subject to the provisions of Section 19.10.400 of this Title. "Commercial operations yard" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR], subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.60 of this Title. C. Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in this PORI Office Research Industrial District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of this Title: 1. Services Division: Business services not elsewhere classified (7389). Laundry and garment services not elsewhere classified (7219). Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299). Services not elsewhere classified (899). Social services not elsewhere classified (839). 2. Manufacturing Division: Miscellaneous Manufacturing industries (39). 3. Transportation, Communication and Utilities Division: Transportation services not elsewhere classified (4789). (Ord. G44-96 § 10, 1996; Ord. G81-95 § 1, 1995; Ord. G9-95 § 1, 1995; Ord. G23-94 §§ 2-5, 1994; Ord. G45-92 § 2, 1992) G. Site Design. In this PORI District, the site design regulations shall be as required in the ORI Office Research Industrial District, pursuant to Chapter 19.40.135 Site Design, of VOLUME LXXIV MARCH 4, 2009 137 the ELGIN MUNICIPAL CODE, as may be amended from time to time. The development of land and structures shall also be in substantial conformance with the following: 1. Substantial conformance to the Statement of Purpose submitted by Huron Investment and Development Company LLC submitted on September 23, 2005. 2. Substantial conformance to the Preliminary Plat of Subdivision for the McLean Boulevard Commercial Development Prepared by Larson Engineering of Illinois dated April 6, 2006, Existing Conditions Plan (C-1) and Preliminary Site Development Plan (C-2) prepared by Larson Engineering of Illinois, dated June 22, 2005 and revised April 6, 2006. 3. Substantial conformance to the Conceptual Landscape Plan, Sections, Details and Notes, (L-1 & L-2) prepared by Ives/Ryan Group, Inc. dated December 19, 2005 and revised on April 19, 2006. 4. Substantial conformance to the building elevations for the Flex Industrial Buildings titled Concept Elevation, Scheme 3a, prepared by Ware Malcomb Architects dated January 18, 2006, and revised May 24, 2006, elevations for the public self storage facility titled Building 1 Elevations (A-2), prepared by Benedetto Reitan Architects, LLC dated October 28, 2005 and revised January 17, 2006, elevations for the Moose Lodge Facility prepared by Ware Malcomb Architects dated September 22, 2005, and revised May 24, 2006. 5. Color of the exterior materials of the flex industrial buildings and the self storage buildings to be approved by the Community Development Department. 6. Compliance with all other applicable codes and ordinances. Additional Conditions: 1. Substantial conformance to the Petitioner‟s Statement of Purpose and Conformance, submitted with the development application and letter prepared by Mitch LaFave, P.E. of Huron Investment and Development Company, L.L.C., dated November 20, 2008. H. Off-Street Parking. In this PORI District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the ELGIN MUNICIPAL CODE, as amended. I. Off-Street Loading. In this PORI District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended. J. Signs. In this PORI District, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. The development administrator MARCH 4, 2009 VOLUME LXXIV 138 may require, and may approve signs not otherwise provided by this title in support of the development. K. Amendments. In this PORI District, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PORI zoning district authorize such an application. L. Planned Developments. . In this PORI zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners in this PORI zoning district authorize such an application. M. Conditional Uses. In this PORI zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners in this PORI zoning district authorize such an application. N. Variations. In this PORI District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. A variation may be requested by a lot or property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners in this PORI zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Q. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the contrary in this ordinance, the use and the development of the subject property in this PORI zoning district shall also be subject to the regulations of the ARC Arterial Road Corridor Overlay District. In the event of any conflict between the regulations in the ARC Arterial Road Corridor Overlay District and other provisions of this ordinance, the regulations of the ARC Arterial Road Corridor Overlay District shall control. VOLUME LXXIV MARCH 4, 2009 139 Section 5. That the City Council of the City of Elgin hereby grants a Conditional Use for the establishment of an amusement center within the PORI Planned Office Research Industrial District, subject to the provisions of this ordinance. Section 6. 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: March 4, 2009 Passed: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: March 5, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T3-09 PASSED ESTABLISHING THE CEDAR GROVE SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #24) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No.T3-09 AN ORDINANCE ESTABLISHING THE CEDAR GROVE SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #24) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA 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 MARCH 4, 2009 VOLUME LXXIV 140 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 ordinance be established as the Cedar Grove Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and WHEREAS, the Special Service Area is compact and contiguous and entirely located 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; and WHEREAS, the cost of the City providing the services shall be paid by the levy of a direct annual ad valorem tax upon all taxable property within the Special Service Area; and WHEREAS, said direct annual tax shall be levied upon all taxable property within the Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance and shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, the establishment of the Special Service Area was proposed by the City Council of the City of Elgin pursuant to Ordinance No. T38-08, entitled “An Ordinance Proposing the Establishment of the Cedar Grove Subdivision Special Service Area in the City of Elgin, Illinois and Providing for a Public Hearing and Other Related Procedures,” that Resolution having been duly passed on November 19, 2008, and was considered at a public hearing held by the City Council of the City of Elgin on December 17, 2008 at 7:00 p.m. in the City Council Chambers of the Elgin City Hall, 150 Dexter Court, Elgin, Illinois (the “Hearing”); and WHEREAS, the notice of the Hearing was given by publication at least once not less than fifteen (15) days prior to the Hearing in the Courier News, a newspaper of general circulation in the City, a copy of that notice being attached to and incorporated into this ordinance as Exhibit A; and WHEREAS, the notice of the Hearing was also provided by mail, said notice being deposited in the U.S. Mail on or before November 26, 2008, that date being not less than ten (10) VOLUME LXXIV MARCH 4, 2009 141 days prior to the time set for the Hearing. A copy of that notice being attached to and incorporated into this ordinance as Exhibit B. The notice of Hearing was 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; and WHEREAS, the notice of Hearing complied with all applicable provisions and requirements of the Act; and WHEREAS, all interested persons affected by the establishment of the Special Service Area or the tax levy to pay the cost of providing the services, including all owners of real estate located within the Special Service Area, were given an opportunity to be heard at the Hearing regarding the establishment of the Special Service Area and its associated tax levy and an opportunity to file objections to the establishment of the Special Service Area or the tax levy; and WHEREAS, at the Hearing, all interested persons affected by the Special Service Area were permitted to file with the City Clerk of the City of Elgin written objections to and to be heard orally in respect to any issue embodied in the notice given of the Hearing; and WHEREAS, the City Council of the City of Elgin has determined and does hereby determine that it is in the public interest and in the interest of the City of Elgin and the Special Service Area that the Special Service Area be established; 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. Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on December 17, 2008 at 8:00 pm. Section 3. Establishment of the Special Service Area. The Cedar Grove Subdivision Special Service Area of the City of Elgin is hereby established in and for the City of Elgin and shall consist of the territory legally described in Exhibit C which is attached to and incorporated into this ordinance by reference. The Cedar Grove Subdivision Special Service Area consists of approximately 53 acres located at the southeast corner of the Bowes Road/Corron Road intersection in the City of Elgin. An accurate map of the Cedar Grove Subdivision Special Service Area is attached to and made part of this ordinance as Exhibit D. Section 4. Purpose for Establishing the Special Service Area. The purpose for establishing the Cedar Grove Subdivision Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainageway, ditch, swale, storm sewer, or other stormwater facility; costs of MARCH 4, 2009 VOLUME LXXIV 142 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 Cedar Grove Subdivision Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All of the services described in this section shall be in and for the Cedar Grove Subdivision Special Service Area and all of the described construction and improvements shall be on property in which the City will obtain an interest sufficient for the provision of the services described in this section. All the services described in this section are unique and in addition to services generally provided by the City. Section 5. Tax Levy. The cost of the services described in Section 4 of this ordinance shall be paid by the levy of a direct ad valorem tax upon all taxable property within the Cedar Grove Subdivision Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance. Annual taxes shall be assessed and levied for the Cedar Grove Subdivision Special Service Area in an amount not to exceed an annual rate of 1.438 [E.g., ten one-hundredths percent (.10 percent, being 10 cents per 100 dollars)] of equalized assessed valuation thereof. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq). Notwithstanding the foregoing, taxes shall not be levied hereunder and the Cedar Grove Subdivision Special Service Area shall remain abeyant and shall take effect only in the event the Cedar Grove Home Owners‟ Association fails to maintain, repair, replace or pay for the improvements described in Section 4 of this ordinance and/or any related costs for those improvements, so as to require the City to assume those responsibilities. During the years of development in the Cedar Grove Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $103,115.00 annually for the cost of the services described in Section 4 of this ordinance. The City, however, may annually levy up to the maximum rate specified herein for the cost of the services described in Section 4 of this ordinance as said services become necessary and are provided by the City. Section 6. Filing. The city clerk is hereby directed to file a certified copy of this ordinance, including its exhibits, in the office of the Kane County Clerk and in the office of the Kane County Recorder following its passage and approval. Section 7. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 8. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9. Effective Date. 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 VOLUME LXXIV MARCH 4, 2009 143 Presented: March 4, 2009 Passed: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: March 5, 2009 Published: March 6, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T4-09 PASSED ESTABLISHING THE STONEBROOK UNIT 1 SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #25) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No.T4-09 AN ORDINANCE ESTABLISHING THE STONEBROOK UNIT 1 SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS (SSA #25) AND PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COST OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA 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 ordinance be established as the Stonebrook Unit 1 Subdivision Special Service Area of the City of Elgin for the purposes described in this ordinance (the “Special Service Area”); and MARCH 4, 2009 VOLUME LXXIV 144 WHEREAS, the Special Service Area is compact and contiguous and entirely located 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; and WHEREAS, the cost of the City providing the services shall be paid by the levy of a direct annual ad valorem tax upon all taxable property within the Special Service Area; and WHEREAS, said direct annual tax shall be levied upon all taxable property within the Special Service Area for an indefinite period of time commencing during and in the years subsequent to the date of this ordinance and shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq.); and WHEREAS, the establishment of the Special Service Area was proposed by the City Council of the City of Elgin pursuant to Ordinance No. T40-08, entitled “An Ordinance Proposing the Establishment of the Stonebrook Unit 1 Subdivision Special Service Area in the City of Elgin, Illinois and Providing for a Public Hearing and Other Related Procedures,” that Resolution having been duly passed on November 19, 2008, and was considered at a public hearing held by the City Council of the City of Elgin on December 17, 2008 at 7:00 p.m. in the City Council Chambers of the Elgin City Hall, 150 Dexter Court, Elgin, Illinois (the “Hearing”); and WHEREAS, the notice of the Hearing was given by publication at least once not less than fifteen (15) days prior to the Hearing in the Courier News, a newspaper of general circulation in the City, a copy of that notice being attached to and incorporated into this ordinance as Exhibit A; and WHEREAS, the notice of the Hearing was also provided by mail, said notice being deposited in the U.S. Mail on or before November 26, 2008, that date being not less than ten (10) days prior to the time set for the Hearing. A copy of that notice being attached to and incorporated into this ordinance as Exhibit B. The notice of Hearing was 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; and WHEREAS, the notice of Hearing complied with all applicable provisions and requirements of the Act; and WHEREAS, all interested persons affected by the establishment of the Special Service Area or the tax levy to pay the cost of providing the services, including all owners of real estate located within the Special Service Area, were given an opportunity to be heard at the Hearing VOLUME LXXIV MARCH 4, 2009 145 regarding the establishment of the Special Service Area and its associated tax levy and an opportunity to file objections to the establishment of the Special Service Area or the tax levy; and WHEREAS, at the Hearing, all interested persons affected by the Special Service Area were permitted to file with the City Clerk of the City of Elgin written objections to and to be heard orally in respect to any issue embodied in the notice given of the Hearing; and WHEREAS, the City Council of the City of Elgin has determined and does hereby determine that it is in the public interest and in the interest of the City of Elgin and the Special Service Area that the Special Service Area be established; 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. Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on December 17, 2008 at 8:00 pm. Section 3. Establishment of the Special Service Area. The Stonebrook Unit 1 Subdivision Special Service Area of the City of Elgin is hereby established in and for the City of Elgin and shall consist of the territory legally described in Exhibit C which is attached to and incorporated into this ordinance by reference. The Stonebrook Unit 1 Subdivision Special Service Area consists of approximately 62 acres located south of Bowes Road and west of Corron Road in the City of Elgin. An accurate map of the Stonebrook Unit 1 Subdivision Special Service Area is attached to and made part of this ordinance as Exhibit D. Section 4. Purpose for Establishing the Special Service Area. The purpose for establishing the Stonebrook Unit 1 Subdivision Special Service Area is to provide services including the operation, maintenance, repair, rehabilitation, replacement and reconstruction of any site runoff storage area, drainageway, 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 Stonebrook Unit 1 Subdivision Special Service Area, including the repayment of any loan or debt incurred for the provision of such services. All of the services described in this section shall be in and for the Stonebrook Unit 1 Subdivision Special Service Area and all of the described construction and improvements shall be on property in which the City will obtain an interest sufficient for the provision of the services described in this section. All the services described in this section are unique and in addition to services generally provided by the City. Section 5. Tax Levy. The cost of the services described in Section 4 of this ordinance shall be paid by the levy of a direct ad valorem tax upon all taxable property within the Stonebrook Unit 1 Subdivision Special Service Area for an indefinite period of time MARCH 4, 2009 VOLUME LXXIV 146 commencing during and in the years subsequent to the date of this ordinance. Annual taxes shall be assessed and levied for the Stonebrook Unit 1 Subdivision Special Service Area in an amount not to exceed an annual rate of 1.653 [E.g., ten one-hundredths percent (.10 percent, being 10 cents per 100 dollars)] of equalized assessed valuation thereof. These taxes shall be in addition to all other taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq). Notwithstanding the foregoing, taxes shall not be levied hereunder and the Stonebrook Unit 1 Subdivision Special Service Area shall remain abeyant and shall take effect only in the event the Stonebrook Unit 1 Home Owners‟ Association fails to maintain, repair, replace or pay for the improvements described in Section 4 of this ordinance and/or any related costs for those improvements, so as to require the City to assume those responsibilities. During the years of development in the Stonebrook Unit 1 Subdivision Special Service Area and initially thereafter, the tax levies are intended to produce approximately $62,736.00 annually for the cost of the services described in Section 4 of this ordinance. The City, however, may annually levy up to the maximum rate specified herein for the cost of the services described in Section 4 of this ordinance as said services become necessary and are provided by the City. Section 6. Filing. The city clerk is hereby directed to file a certified copy of this ordinance, including its exhibits, in the office of the Kane County Clerk and in the office of the Kane County Recorder following its passage and approval. Section 7. Severability. If any provision of this ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the ordinance as a whole or of any portion not adjudged invalid. Section 8. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9. Effective Date. 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: March 4, 2009 Passed: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: March 5, 2009 Published: March 6, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV MARCH 4, 2009 147 ORDINANCE G11-09 PASSED APPROVING AND ADOPTING THE ELGIN HISTORIC DISTRICT 2007 NEIGHBORHOOD MASTER PLAN AS AN AMENDMENT TO THE COMPREHENSIVE PLAN AND DESIGN GUIDELINES OF 2005 Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G11-09 AN ORDINANCE APPROVING AND ADOPTING THE ELGIN HISTORIC DISTRICT 2007 NEIGHBORHOOD MASTER PLAN AS AN AMENDMENT TO THE COMPREHENSIVE PLAN AND DESIGN GUIDELINES OF 2005 WHEREAS, the City of Elgin has heretofore adopted the Comprehensive Plan and Design Guidelines of 2005 for the City of Elgin; and WHEREAS, on January 7, 2008, the Planning and Development Commission of the City of Elgin conducted a public hearing on the proposed Elgin Historic District 2007 Neighborhood Master Plan; and WHEREAS, all persons appearing and desiring to be heard concerning said proposed Elgin Historic District 2007Neighborhood Master Plan were heard at said public hearing; and WHEREAS, the Planning and Development Commission has heretofore submitted its findings and recommendation for the proposed Elgin Historic District 2007 Neighborhood Master Plan; and WHEREAS, the corporate authorities of the City of Elgin find and determine that it is in the best interest of the City of Elgin to adopt the proposed Elgin Historic District 2007 Neighborhood Master Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Elgin Historic District 2007 Neighborhood Master Plan, a copy of which is attached hereto and made a part hereof by reference, is hereby approved and adopted as an amendment to the Comprehensive Plan and Design Guidelines of 2005. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. MARCH 4, 2009 VOLUME LXXIV 148 Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Passed: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: March 5, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G12-09 PASSED ADOPTING FURTHER AMENDMENTS TO THE KANE COUNTY STORMWATER MANAGEMENT ORDINANCE Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G12-09 AN ORDINANCE ADOPTING FURTHER AMENDMENTS TO THE KANE COUNTY STORMWATER MANAGEMENT ORDINANCE WHEREAS, additional flood insurance and floodplain-related, and other amendments to the Kane County Stormwater Management Ordinance are necessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the further amendments to the Kane County Stormwater Management Ordinance as set forth in Sections 1-15 of Kane County Ordinance No. 08-342 entitled “Amending the Kane County Stormwater Management Ordinance”, a copy of such ordinance being attached hereto as Exhibit 1, are hereby adopted by the City of Elgin and are and shall be deemed to be included within the City of Elgin‟s adoption of the Kane County Stormwater Management Ordinance, as amended, as provided for in Section 21.01.010 of the Elgin Municipal Code, 1976, as amended, entitled “Adopted; Exceptions”. VOLUME LXXIV MARCH 4, 2009 149 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 from and after its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: March 4, 2009 Passed: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: March 5, 2009 Published: March 6, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Figueroa made a motion, seconded by Councilmember Walters, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. Telecommunications Tax Report Heritage Design Review Subcommittee Minutes for January 27, 2009 Parks and Recreation Advisory Board Minutes for November 25, 2008 Police Pension Fund Minutes for October 23, 2008 Committee of the Whole Minutes for January 25, 2009 City Council Minutes for January 25, 2009 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. MARCH 4, 2009 VOLUME LXXIV 150 ADJOURNMENT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 8:00 p.m. s/ Diane Robertson March 18, 2009 Diane Robertson, City Clerk Date Approved