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HomeMy WebLinkAbouth - April 29, 2009 CC293 VOLUME LXXIV APRIL 29, 2009 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 April 29, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 6:09 p.m. The Invocation was given by Pastor James Marks of Bethesda Church of God in Christ and the Pledge of Allegiance was led by Councilmember John Walters. ROLL CALL Roll call was answered by Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Absent: Councilmember Figueroa. MINUTES OF THE APRIL 8, 2009, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Steffen, to approve the April 8, 2009, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Walters, and Mayor Schock. Nays: None. PROCLAMATION OF THE RESULTS OF THE CONSOLIDATED ELECTION FOR THE OFFICE OF COUNCILMEMBERS OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS City Clerk Diane Robertson read the following proclamation of results of the consolidated election for the office of Councilmembers for the City of Elgin, Kane and Cook Counties, Illinois. PROCLAMATION OF THE RESULTS OF THE CONSOLIDATED ELECTION FOR THE OFFICE OF COUNCILMEMBER FOR THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS WHEREAS, a Consolidated Election for the office of Councilmember to be elected at large, of and for the City of Elgin, Kane and Cook Counties, Illinois, was held on April 7, 2009; and APRIL 29, 2009 VOLUME LXXIV 294 WHEREAS, the election authority of Cook County transmitted the results for those precincts located in Hanover Township, Cook County, City of Elgin to the Kane County election authority; and WHEREAS, the election authority of Kane County compiled the results for those precincts located in Campton, Dundee, Elgin, Plato, and Rutland Townships, Kane County, and Hanover Township, Cook County, Elgin, Illinois; and WHEREAS on April 23, 2009, the County Canvassing Board of Kane County met at the County Clerk‟s office in Geneva, Illinois, canvassed the returns of the Consolidated Election and issued an Abstract of Votes which was furnished to the Local Election Official of the City of Elgin. NOW, THEREFORE, pursuant to the Abstract of Votes prepared by the Kane County Canvassing Board, it is hereby proclaimed that of the 48,953 registered voters, a total of 7,450 ballots were cast at the Consolidated Election on April 7, 2009. The following number of votes was cast for each candidate for the office of Councilmember of the City of Elgin: TWO YEAR TERM Councilmember Kane County Cook County Total Mike Warren 2,100 340 2,440 Emi Morales 1,232 210 1,442 Brenda Rodgers 1,349 275 1,624 Michael J. Robbins 1,072 252 1,324 FOUR YEAR TERM Councilmember Kane County Cook County Total Robert Gilliam 2,664 418 3,082 Juan Figueroa 2,250 406 2,656 John N. Walters 2,506 347 2,853 Linda Quezada 831 163 994 Shane Nowak 833 211 1,044 Lenora Skruggs 811 167 978 John Prigge 2,479 496 2,975 Bruce Trego 525 91 616 Brenda Harris Khan 723 132 855 Richard G. Dunne 2,780 457 3,237 IT IS HEREBY PROCLAIMED that the following person has been elected for the two year term of office of Councilmember for the City of Elgin: Mike Warren VOLUME LXXIV APRIL 29, 2009 295 IT IS HEREBY PROCLAIMED that the following persons have been elected to the four year terms of office of Councilmember for the City of Elgin: Richard G. Dunne Robert Gilliam John Prigge This is to certify that the foregoing Proclamation of Results of the Consolidated Election for the office of Councilmember for the City of Elgin is true and correct. Dated this 29th day of April, 2009. s/ Diane Robertson Diane Robertson, Elgin City Clerk and Local Election Official PROCLAMATION OF APPRECIATION TO JUAN FIGUEROA Mayor Schock read the following proclamation of appreciation for Juan Figueroa. PROCLAMATION WHEREAS, Juan Figueroa was originally appointed to the office of Councilman of the City of Elgin, Illinois, on June 23, 1999; and WHEREAS, Councilman Figueroa was thereafter elected to the office of Councilman of the City of Elgin in 2001 and 2005; and WHEREAS, Councilman Figueroa has served as a member of the Centre Advisory Board, as a member of the Hemmens Advisory Board and as a member of the Street Gang Prevention and Intervention Committee; and WHEREAS, Councilman Figueroa has contributed many hours on behalf of the residents of the City of Elgin as member of the City Council of the City of Elgin; and WHEREAS, Councilman Figueroa has been a faithful and diligent public servant for 10 years. NOW, THEREFORE, I, Ed Shock, Mayor of the City of Elgin, Illinois do hereby extend the sincere and warm appreciation and esteem of the City of Elgin to Councilman Figueroa for Councilman Figueroa‟ outstanding service to the community on the occasion of Councilman Figueroa‟ retirement from the City Council on April 29, 2009. APRIL 29, 2009 VOLUME LXXIV 296 IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Elgin to be affixed this 29th day of April, 2009. s/Ed Schock Ed Schock, Mayor The proclamation was accepted by Armeda Dominguez on behalf of Councilmember Figueroa. She said that Councilmember Figueroa wished to thank everyone for their support over the past years. PROCLAMATION OF APPRECIATION TO JOHN WALTERS Mayor Schock read the following proclamation of appreciation for John Walters. PROCLAMATION WHEREAS, John N. Walters was originally appointed to the office of Councilman of the City of Elgin, Illinois, on May 27, 1987; and WHEREAS, Councilman Walters was thereafter elected to the office of Councilman of the City of Elgin in 1989, 1993, 1997, 2001 and 2005; and WHEREAS, Councilman Walters has served as a co-chair of the Recreation Center Advisory Team, as a co-chair of the Sustainability Master Plan Advisory Team, as a member of the Liquor Control Commission, as a member of the Veteran‟s Memorial Park Committee, as a member of the Hemmens Advisory Board and as a member of the Cultural Arts Commission; and WHEREAS, Councilman Walters has contributed many hours on behalf of the residents of the City of Elgin as member of the City Council of the City of Elgin; and WHEREAS, Councilman Walters has been a faithful and diligent public servant for 22 years. NOW, THEREFORE, I, Ed Shock, Mayor of the City of Elgin, Illinois do hereby extend the sincere and warm appreciation and esteem of the City of Elgin to Councilman Walters for Councilman Walters‟ outstanding service to the community on the occasion of Councilman Walters‟ retirement from the City Council on April 29, 2009. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Elgin to be affixed this 29th day of April, 2009. s/Ed Schock Ed Schock, Mayor VOLUME LXXIV APRIL 29, 2009 297 Councilmember Walters accepted the proclamation from Mayor Schock. He said that over the years he has appreciated the support of other council members, staff, and residents. He mentioned that he was most proud of the restoration of the Lord‟s Park Pavilion and the many projects funded by the riverboat revenue. As a token of appreciation, Councilmember Walters was then presented with a painting of the Lord‟s Park Pavilion. Councilmember Gilliam thanked Councilmember Walters for his twenty-two years of service. Councilmember Kaptain commended Councilmember Walters for his commitment to sustainability issues in Elgin. INAUGURATION OF ELECTED COUNCILMEMBERS Mike Warren was sworn in by the Honorable James C. Hallock. Councilmember Warren thanked everyone for their vote of confidence. John Prigge was sworn in by the Honorable Gene Nottolini. Councilmember Prigge thanked everyone for their support. Richard Dunne was sworn in by the Honorable M. Karen Simpson. Councilmember Dunne thanked everyone for their support and especially those in attendance. Councilmember Gilliam was sworn in by the Honorable F. Keith Brown. He welcomed his new colleagues and expressed his appreciation for being reelected. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. RECOGNIZE PERSONS PRESENT Gary Bohlin expressed his concerns about CF zoning and its effects on his property and neighborhood. Ina Dews thanked the previous Council for their support in getting the portion of Route 20 located in Elgin renamed as Martin Luther King, Jr. Drive. APRIL 29, 2009 VOLUME LXXIV 298 BID 08-103 AWARDED TO TOSHIBA BUSINESS SOLUTIONS AND ELITE PRINTER SOLUTIONS FOR NEW AND REMANUFACTURED TONER CARTRIDGES Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to approve an agreement with Toshiba Business Solutions for new plotter cartridges and Elite Printer Solutions for remanufactured toner cartridges for the not to exceed amount of $44,000. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 09-005 AWARDED TO SCS PRODUCTIONS FOR STAGING FOR 2009 FOXFIREFEST Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to enter into an agreement with SCS Production in the amount of $32,500 for staging for the 2009 FoxFireFest. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 09-010 AWARDED TO KEEFE MECHANICAL FOR TESTING AND REPAIRS OF BACKFLOW DEVICES Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to award a contract to Keefe Mechanical in the amount of $13,830 for the testing and repairs of backflow devices. Councilmember Steffen requested that any repairs be monitored during the testing period. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 09-018 AWARDED TO ZONATHERM PRODUCTS FOR AIR CONDITIONING EQUIPMENT FOR COMMUNICATIONS ROOM Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to award a contract to Zonatherm Products in the amount of $26,920 for air conditioning equipment for the communications equipment room. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV APRIL 29, 2009 299 BID 09-022 AWARDED TO FUERTE SYSTEMS, INC. FOR CORNERSTONE PARK SITE IMPROVEMENTS Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to approve an agreement with Fuerte Systems, Inc. in the amount of $71,876.50 for the development of Cornerstone Park. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PETITION 02-09 TABLED REQUESTING THE REPEAL OF CONDITIONAL USE FOR PLANNED DEVELOPMENT ORDINANCE NO. G92-06; AND REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE RB RESIDENCE BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, TO PERMIT THE CONSTRUCTION OF AN UNDERGROUND DETENTION FACILITY FOR THE NEWLY CONSTRUCTED OFFICE BUILDING; PROPERTY LOCATED AT 500 NORTH MCLEAN BOULEVARD, BY ESTHER ZAMUDIO, AS APPLICANT, AND BY EZAM PROPERTIES, LLC, AS OWNER Councilmember Warren made a motion, seconded by Councilmember Kaptain, to remove Petition 02-09 from the table. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Community Development Director Deering stated that a compromise has been reached between the petitioners and the Tyler Tower Homeowners Association and that it is in full conformance. Corporation Counsel William Cogley stated that the parking was not in compliance if the building was to be fully leased for medical purposes. The parking stipulation would have to be changed. Councilmember Dunne stated he was concerned about other uses for the building that would not have to come back before the Council. Mr. Deering stated that the Zoning Ordinance could be modified such that any other uses would have to come back for approval. Mr. Cogley said this would be problematic as there is previous PAB zoning for this building. Removing permitted conditional uses could not be considered at this time. Councilmember Steffen asked the president of the Tyler Tower Homeowners Association if they were in agreement with the compromise. Sigi Psimenos stated she was speaking on behalf of the association. She said there was still a problem with storm water drain and with the lighting, but acknowledged these were both city issues. She also indicated that the removal of the oak tree will be litigated later. She said the association would like assurance that the green buffer zone will be permanent, but that they were otherwise in agreement. Mayor Schock asked if there would be vegetation on top of the underground storage area and Mr. Bazos replied there would be grass. APRIL 29, 2009 VOLUME LXXIV 300 Councilmember Steffen then asked Mr. Bazos if there was a meeting of minds. Mr. Bazos said that the grass buffer zone would be permanent unless the Council was to change the zoning. He said the petitioners would agree to exempt a convenient store, but wondered why the Council couldn‟t depart from the parking requirement. Mr. Cogley stated this should have been presented in the original application. Mr. Bazos said they would like a concession on the parking. Councilmember Prigge asked Mr. Bazos if the petitioner could wait until the next meeting for Council consideration. Mr. Bazos said they would wait if the petition could be adopted with parking for 100% medical use. Councilmember Steffen asked what the delay of two more weeks accomplish. Mr. Cogley replied that it would allow time to review the petition to determine if it would allow for the parking change. Councilmember Warren asked what would happen if the petition does not allow for a change. Mr. Cogley said it theoretically would mean a new petition, but he hopes the current one will allow for the change. Mayor Schock asked if staff would try to combine the parking revision with the original petition. Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to table Petition 02-09 until the next meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PETITION 06-09 APPROVED REQUESTING APPROVAL OF THE DEVELOPMENT PLANS FOR MULTIPLE TENANT COMMERCIAL BUILDINGS PURSUANT TO THE TERMS AND CONDITIONS OF PAB PLANNED DEVELOPMENT ORDINANCE NO. G31-08; PROPERTY LOCATED AT 900 SOUTH RANDALL ROAD BY BOULDER ENTERPRISE I, L.L.C., AN ILLINOIS LIMITED LIABILITY COMPANY, AS APPLICANT, AND 9N710 RANDALL ROAD L.L.C., GALLERY PROPERTIES L.L.C., SARASOTA LIGHTING & ACCESSORIES, L.L.C., AND PAR DEVELOPMENT, INC., AS OWNERS Community Development Director Deering stated this petition included plans for two buildings intended for service and retail uses. He stated the Planning and Development Commission recommended approval subject to conditions. Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve Petition 06-09 subject to conditions. Councilmember Dunne said he understood the original use for the buildings were for medical offices, but now there was a possibility one of the buildings was going to be used for a paint store. He said this was a huge departure from what the Fire Department had originally approved. Mr. Deering stated the plans have been thoroughly reviewed for this application and that it is in full compliance and has the approval of the Fire Inspector. Councilmember Dunne said he felt it was not in compliance and that he had originally reviewed the plans when he was the Fire Marshall. Mr. Deering stated again that the plan had been reviewed three times and did have the concurrence of the Fire Inspector. VOLUME LXXIV APRIL 29, 2009 301 Councilmember Prigge asked how much time had expired between the time of Councilmember Dunne‟s review of the plans and the public hearing. Mr. Deering replied there had been months, but he did not know the exact amount of time. Councilmember Prigge asked if there had been any changes to the plan and Mr. Deering stated that he was not aware of any changes during that time. Mr. Deering said Councilmember Dunne had stated concessions had been made, but that he felt a better word was equivalencies and that sometimes there were equivalent ways to achieve the same goal. Councilmember Dunne said he had used the word concession specifically. Mr. Deering said he was not aware of any concessions being given by the Fire Department. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Steffen, Warren, and Mayor Schock. Nays: Councilmember Dunne and Councilmember Prigge. RESOLUTION 09-108 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH THE RESIDENTIAL LAND FUND I, L.P., L.B. ANDERSEN CONSTRUCTION, INC. AND THE RYLAND GROUP, INC. (THE PONDS OF STONY CREEK) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-108 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH THE RESIDENTIAL LAND FUND I, L.P., L.B. ANDERSEN CONSTRUCTION, INC., AND THE RYLAND GROUP, INC. (The Ponds of Stony Creek) WHEREAS, the owners of certain property commonly known as The Ponds of Stony Creek at 39 W629 McDonald Road, Elgin, Illinois have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed First Amendment to Annexation Agreement with the Residential Land Fund I, L.P., L.B. Andersen Construction, Inc. and The Ryland Group, Inc. is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the First Amendment to APRIL 29, 2009 VOLUME LXXIV 302 Annexation Agreement with The Residential Land Fund I, L.P., L.B. Andersen Construction, Inc. and The Ryland Group, Inc. a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Adopted: April 29, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S6-09 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (CAPITANI PARCEL) Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. S6-09 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Capitani Parcel) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXIV APRIL 29, 2009 303 Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: THAT PART OF THE NORTHWEST 1/4 OF SECTION 1, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE SOUTHWEST 1/4 OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH 1/2 OF SAID SECTION 36; THENCE NORTH 89 DEGREES 40 MINUTES 57 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTH 1/2 2667.51 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 36; THENCE SOUTH 00 DEGREES 44 MINUTES 59 SECONDS WEST ALONG SAID EAST LINE OF THE SOUTHWEST 1/4 TO THE CENTER LINE OF THE HIGHWAY, FOR THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 44 MINUTES 59 SECONDS WEST ALONG SAID EAST LINE, 1136.53 FEET TO THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 1 AFORESAID; THENCE NORTH 89 DEGREES 36 MINUTES 58 SECONDS EAST ALONG SAID NORTH LINE, 2.64 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE SOUTH 00 DEGREES 26 MINUTES 10 SECONDS EAST ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 1, A DISTANCE OF 816.26 FEET TO A NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO T. ALBERT POTTER AND WIFE, BY DEED DATED FEBRUARY 28, 1938 AND RECORDED MARCH 3, 1938 IN BOOK 1076, PAGE 316 AS DOCUMENT 419982; THENCE NORTH 89 DEGREES 57 MINUTES 30 SECONDS WEST 1100 FEET TO AN ANGLE IN THE LINE OF SAID POTTER TRACT; THENCE NORTH 00 DEGREES 07 MINUTES 32 SECONDS EAST ALONG THE LINE OF SAID POTTER TRACT, 1858.94 FEET TO THE CENTER LINE OF SAID HIGHWAY; THENCE EASTERLY ALONG SAID CENTER LINE TO THE POINT OF BEGINNING; IN THE TOWNSHIPS OF CAMPTON AND PLATO, KANE COUNTY, ILLINOIS. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor APRIL 29, 2009 VOLUME LXXIV 304 Presented: April 29, 2009 Passed: April 29, 2009 Vote: Yeas: 7 Nays: 0 Recorded: April 30, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G25-09 PASSED AMENDING ORDINANCE NO. G7-06 AND CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (THE PONDS OF STONY CREEK) Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G25-09 AN ORDINANCE AMENDING ORDINANCE NO. G7-06 AND CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (THE PONDS OF STONY CREEK) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, a portion of the property has previously been classified in the PSFR2 zoning district pursuant to Ordinance No. G7-06; and WHEREAS, written application has been made to amend a residential planned development to reclassify portions of a previously annexed property (RLF I Parcel) and to classify portions of the newly annexed property (Capitani Parcel) in the PSFR2 Planned Single Family Residence District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. VOLUME LXXIV APRIL 29, 2009 305 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. G7-06 previously adopted by the City Council of the City of Elgin and classifying a portion of the property described herein in the PSFR2 Planned Single Family Residence District is hereby amended in its entirety as provided herein. Section 2. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries herein before laid out in the „Zoning District Map‟, as amended, be and are hereby altered by including in the PSFR2 Planned Single Family Residence District, the following described property: Those areas on the attached Zoning Plat, prepared by Cemcon, Ltd., and dated March 17, 2008, identified as The Ponds of Stony Creek and designated in the PSFR2 Planned Single Family Residence District. Section 3. That the development of this PSFR2 Planned Single Family Residence District as described in Section 1 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. C. General Provisions. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 zoning district exclusive of rights-of- APRIL 29, 2009 VOLUME LXXIV 306 way, but including adjoining land or land directly opposite a right -of-way, shall not be less than two acres. F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). 14. “Street graphics” [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PSFR2 zoning district: VOLUME LXXIV APRIL 29, 2009 307 Residences Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Amateur radio antennas” [SR] (UNCL). 4. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. “Commercial antenna tower” [SR] (UNCL) 6. “Other radio and television antennas” [SR] (UNCL). 7. “Other satellite dish antennas” [SR] (UNCL). 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the site design regulations for individual lot development shall be the provisions of Section 19.25.335, Site Design, of the Elgin Zoning Ordinance. 1. Supplementary Conditions. In this PSFR2 zoning district, The subdivision layout and residential development shall be designed and constructed in substantial conformance with the design guidelines applicable to residential neighborhoods developed in the “Far West” portion of the Elgin Planning Area, as described in the 2005 Elgin Comprehensive Plan and Design Guidelines, and the following conditions: a. Substantial conformance with the Annexation, Zoning and Subdivision Application and Planned Development Plan for The Ponds of Stony Creek, including: 1. The Final Plat of Subdivision for The Ponds of Stony Creek Unit 1, prepared by Cemcon, Ltd. for the Ryland Group, Inc., APRIL 29, 2009 VOLUME LXXIV 308 original date April 24, 2006, revised dated March 10, 2008; the Final Plat of Subdivision for The Ponds of Stony Creek Unit 2, prepared by Cemcon Ltd. for the Ryland Group, Inc., original dated April 24, 2006, revision 6 dated February 1, 2007; the Final Plat of Subdivision for The Ponds of Stony Creek Unit 3, prepared by Cemcon, Ltd. for the Ryland Group, Inc., original date May 5, 2006, revision 7 dated October 18, 2007; and the preliminary engineering plans for The Ponds of Stony Creek prepared by Cemcon, Ltd., dated February 13, 2005 (with respect to Unit 4) 2. Substantial conformance with the Final Engineering Improvement Plans for The Ponds of Stony Creek – Units 1, 2, and 3, prepared by Cemcon, Ltd. for the Ryland Group, Inc., original date May 24, 2006, revised dated October 28, 2007. 3. Further revisions to the foregoing final plats of subdivision shall include but not be limited to revisions to comply with Title 18 of the Elgin Municipal Code; easement provisions to be modified and dedicated to appropriate parties as approved by the City Engineer; and assignment of ownership and maintenance responsibilities to the homeowners association of common features. Further revisions to the engineering plans shall include but not be limited to revisions to the storm and sanitary layout to avoid locations in front yards of private property (not including outlots); revisions to watermain layout to properly extend along McDonald Road; and revisions to improvement plans to McDonald Road to provide for a 50 foot right-of-way dedication and a 10 foot easement, full reconstruction of McDonald Road for the entire length of the subject property providing for a two lane cross section with a three lane cross section at intersections and entrances. 4. Residential structures shall be designed, constructed and maintained in conformance with the Architectural Guidelines (referenced Exhibit "J" from annexation agreement) and private covenants recorded with the subdivision. 5. The building setback from a rear lot line may be reduced to twenty (20) feet for the limited purpose of allowing a “balcony” to encroach into the otherwise required forty (40) foot building setback. This provision is limited to residences with basement level “lookout” or “walkout” access to the rear yard, and is limited to balconies attached to the first floor level of the residence. 6. Preliminary Landscape Plan for The Ponds of Stony Creek, prepared by Signature Design Group, dated February 10, 2006. VOLUME LXXIV APRIL 29, 2009 309 b. The incorporation into final engineering plans and specifications of engineering and stormwater plans best management practices recommended by the U.S. Department of Interior, Fish and Wildlife Service and applicable regulatory agencies at The Ponds of Stony Creek planned development, to the extent that any such recommended practices are required by the city engineer utilizing generally accepted engineering practices and do not conflict with local codes and ordinances. c. Conformance with all applicable codes and ordinances H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal APRIL 29, 2009 VOLUME LXXIV 310 Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Passed: April 29, 2009 Vote: Yeas: 7 Nays: 0 Recorded: April 30, 2009 Published: May 1, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV APRIL 29, 2009 311 ORDINANCE G26-09 PASSED AMENDING ORDINANCE NO. G8-06 AND CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (THE PONDS OF STONY CREEK) Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G26-09 AN ORDINANCE AMENDING ORDINANCE NO. G8-06 AND CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (THE PONDS OF STONY CREEK) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, a portion of the territory described herein has previously been classified in the PCF Planned Community Facility District pursuant to Ordinance No. G8-06; and WHEREAS, written application has been made to amend a residential planned development to reclassify portions of a previously annexed property (RLF I Parcel) and to classify portions of the newly annexed property (Capitani Parcel) in the PCF Planned Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance G8-06 previously adopted by the City Council of the City of Elgin and classifying a portion of the property described herein in the PCF Planned Community Facility District be and is hereby amended in its entirety as provided herein. Section 2. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property: “The boundaries herein before laid out in the „Zoning District Map‟, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described territory:” APRIL 29, 2009 VOLUME LXXIV 312 Those areas on the attached Zoning Plat, prepared by Cemcon, Ltd., and dated March 17, 2008 identified as The Ponds of Stony Creek and designated i n the PCF Planned Community Facility District. Section 3. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or on a not for profit basis. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. D. Zoning Districts - Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PCF zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Community Facility District: VOLUME LXXIV APRIL 29, 2009 313 Municipal Services Division. 1. "Municipal facilities" [SR] (UNCL). 2. "Public parks, recreation, open space" [SR] (UNCL). Public Administration Division. 3. Public administration (J). 4. Justice, public order, and safety (92). Finance, Insurance, and Real Estate Division. 5. "Development sales office" [SR] (UNCL). Services Division. 6. Community membership club (8641). Construction Division. 7. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 8. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 9. "Radio and television antennas" [SR] (UNCL). 10. "Satellite dish antennas" [SR] (UNCL). 11. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 12. "Fences and walls" [SR] (UNCL). 13. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 14. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to th e provisions of Chapter 19.45, Off Street Parking. 15. "Refuse collection area" [SR]. 16. "Storage Tanks" [SR] (UNCL). 17. "Street graphics" [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics. 18. "Temporary uses" [SR] (UNCL). 19. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 20. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in thi s PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Services Division. 1. Child day care services (835). 2. Sporting and recreational camps (7032). Mining Division. 3. "Temporary mining" [SR] (UNCL). APRIL 29, 2009 VOLUME LXXIV 314 Transportation, Communication and Utilities Division. 4. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 5. "Conditional Commercial Antenna Tower" [SR] (UNCL). 6. "Other radio and television antennas" [SR] (UNCL). 7. "Other satellite dish antennas" [SR] (UNCL). 8. Pipelines, except natural gas (461). 9. Refuse systems (4953). 10. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 11. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 12. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 13. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 14. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PCF zoning district, the site design regulations for individual parcels designated “park” or “open space” shall be the provisions of Section 19.30.135, Site Design, of the Elgin Zoning Ordinance. 1. Supplementary Conditions. In this PCF zoning district, the use and development of land and structures shall also be subject to the following conditions: c. Substantial conformance with the Annexation, Zoning and Subdivision Application and Planned Development Plan for The Ponds of Stony Creek, including: 1. The Final Plat of Subdivision for The Ponds of Stony Creek Unit 1, prepared by Cemcon, Ltd. for the Ryland Group, Inc., original date April 24, 2006, revised dated March 10, 2008; the Final Plat of Subdivision for The Ponds of Stony Creek Unit 2, prepared by Cemcon Ltd. for the Ryland Group, Inc., original dated April 24, 2006, revision 6 dated February 1, 2007; the Final Plat of Subdivision for The Ponds of Stony Creek Unit 3, prepared by Cemcon, Ltd. for the Ryland Group, Inc., original date May 5, VOLUME LXXIV APRIL 29, 2009 315 2006, revision 7 dated October 18, 2007; and the preliminary engineering plans for The Ponds of Stony Creek prepared by Cemcon, Ltd., dated February 13, 2005 (with respect to Unit 4). 2. Substantial conformance with the Final Engineering Improvement Plans for The Ponds of Stony Creek – Units 1, 2, and 3, prepared by Cemcon, Ltd. for the Ryland Group, Inc., original date May 24, 2006, revised dated October 28, 2007. 3. Further revisions to the foregoing final plats of subdivision shall include but not be limited to revisions to comply with Title 18 of the Elgin Municipal Code; easement provisions to be modified and dedicated to appropriate parties as approved by the City Engineer; and assignment of ownership and maintenance responsibilities to the homeowners association of common features. Further revisions to the engineering plans shall include but not be limited to revisions to the storm and sanitary layout to avoid locations in front yards of private property (not including outlots); revisions to watermain layout to properly extend along McDonald Road; and revisions to improvement plans to McDonald Road to provide for a 50 foot right-of-way dedication and a 10 foot easement, full reconstruction of McDonald Road for the entire length of the subject property providing for a two lane cross section with a three lane cross section at intersections and entrances. d. The incorporation into final engineering plans and specifications of engineering and stormwater plans best management practices recommended by the U.S. Department of Interior, Fish and Wildlife Service and applicable regulatory agencies at the Ponds of Stony Creek planned development, to the extent that any such recommended practices are required by the city engineer utilizing generally accepted engineering practices and do not conflict with local codes and ordinances. e. Conformance with all applicable codes and ordinances H. Off-street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PCF zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. APRIL 29, 2009 VOLUME LXXIV 316 J. Street Graphics. In this PCF zoning district, street graphics shall be subject to the provisions of Chapter 19.50, Street Graphics of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. In this PCF zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. VOLUME LXXIV APRIL 29, 2009 317 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Passed: April 29, 2009 Vote: Yeas: 7 Nays: 0 Recorded: April 30, 2009 Published: May 1, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-109 ADOPTED APPROVING PRELIMINARY PLAT FOR THE PONDS OF STONY CREEK (39W629 MCDONALD ROAD) Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-109 RESOLUTION APPROVING PRELIMINARY PLAT FOR THE PONDS OF STONY CREEK (39W629 McDonald Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the preliminary plat prepared by Cemcon, Ltd. dated February 13, 2005 for The Ponds of Stony Creek. The approval granted by this resolution is tentative in nature, involving the general acceptability of the layout as submitted, and shall not qualify the plat for APRIL 29, 2009 VOLUME LXXIV 318 recording. Application for final approval shall be made not later than one year after the date of this resolution and must be supported by such drawings, specifications and monetary assurance as may be necessary to demonstrate compliance with applicable statutes and ordinances. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Adopted: April 29, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-110 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN COMMUNITY NETWORK, INC. Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Kaptain abstained due to a conflict of interest. Resolution No. 09-110 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN COMMUNITY NETWORK, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, I LLINOIS, that Olufemi Folarin City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Elgin Community Network, Inc. for the creation of neighborhood area boards that provide a structure for communication, collaboration and coordination between residents, city staff and elected officials, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV APRIL 29, 2009 319 Presented: April 29, 2009 Adopted: April 29, 2009 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-111 ADOPTED REPEALING RESOLUTION NO. 09-51 AND AUTHORIZING A LOAN AGREEMENT WITH THE HISPANIC HERITAGE COALITION Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-111 RESOLUTION REPEALING RESOLUTION NO. 09-51 AND AUTHORIZING A LOAN AGREEMENT WITH THE HISPANIC HERITAGE COALITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that is hereby repeals its Resolution No. 09-51 passed on March 4, 2009 entitled “Resolution Authorizing a Loan Agreement with the Hispanic Heritage Coalition”. BE IT FURTHER 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 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: April 29, 2009 Adopted: April 29, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk APRIL 29, 2009 VOLUME LXXIV 320 RESOLUTION 09-107 ADOPTED ADOPTING AN IDENTITY THEFT PREVENTION PROGRAM IN ACCORDANCE WITH FEDERAL TRADE COMMISSION’S “RED FLAGS” RULE Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-107 RESOLUTION ADOPTING AN IDENTITY THEFT PREVENTION PROGRAM IN ACCORDANCE WITH FEDERAL TRADE COMMISSION‟S “RED FLAGS” RULE WHEREAS, the Fair and Accurate Credit Transactions Act of 2003, an amendment to the Fair Credit Reporting Act, requires rules regarding identity theft protection to be promulgated; and WHEREAS, those rules become effective November 1, 2008, and require municipalities with utility service functions and other departments to implement an identity theft program and policy on or before May 1, 2009; and WHEREAS, the City of Elgin has determined that the following identity theft protection program and policy is in the best interest of the city and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ELGIN, ILLINOIS, that the following identity theft protection program and policy is hereby approved for the City of Elgin: CITY OF ELGIN IDENTITY THEFT PREVENTION PROGRAM AND POLICY SECTION 1: BACKGROUND The risk to the city, its employees and customers from data loss and identity theft is of significant concern to the city and can be reduced only through the combined efforts of every employee and contractor. SECTION 2: PURPOSE The city adopts this sensitive information policy to help protect employees, customers, contractors and the city from damages related to the loss or misuse of sensitive information. VOLUME LXXIV APRIL 29, 2009 321 This policy will: 1. Define sensitive information; 2. Describe the physical security of data when it is printed on paper; 3. Describe the electronic security of data when stored and distributed; and 4. Place the city in compliance with state and federal law regarding identity theft protection. This policy enables the city to protect existing customers, reducing risk from identity fraud, and minimize potential damage to the city from fraudulent new accounts. The program will help the city: 1. Identify risks that signify potentially fraudulent activity within new or existing covered accounts; 2. Detect risks when they occur in covered accounts; 3. Respond to risks to determine if fraudulent activity has occurred and act if fraud has been attempted or committed; and 4. Update the program periodically, including reviewing the accounts that are covered and the identified risks that are part of the program. SECTION 3: SCOPE This policy and protection program applies to employees, contractors, consultants, temporary workers, and other workers at the city, including all personnel affiliated with third parties. SECTION 4: POLICY 4.A: Sensitive Information Policy 4.A.1: Definition of “Sensitive Information” “Sensitive information” includes the following items whether stored in electronic or printed format: 4.A.1.a: Credit card information, including any of the following: 1. Credit card number (in part or whole) 2. Credit card expiration date 3. Cardholder name APRIL 29, 2009 VOLUME LXXIV 322 4. Cardholder address 4.A.1.b: Tax identification numbers, including: 1. Social Security number 2. Business identification number 3. Employer identification numbers 4.A.1.c: Payroll information, including, among other information: 1. Paychecks 2. Pay stubs 4.A.1.d: Cafeteria plan check requests and associated paperwork 4.A.1.e: Medical information for any employee or customer, including but not limited to: 1. Doctor names and claims 2. Insurance claims 3. Prescriptions 4. Any related personal medical information 4.A.1.f: Other personal information belonging to any customer, employee or contractor, examples of which include: 1. Date of birth 2. Address 3. Phone numbers 4. Maiden name 5. Names 6. Customer number VOLUME LXXIV APRIL 29, 2009 323 4.A.1.g: This policy‟s definition of “sensitive information” should be read in conjunction with the exemptions from public disclosure enumerated in the Illinois Freedom of Information Act. If an employee is uncertain of the sensitivity of a particular piece of information, that employee should contact his or her supervisor and the corporation counsel for assistance in resolving the issue. 4.A.2: Hard Copy Distribution Each employee and contractor performing work for the city shall comply with the following policies: 1. File cabinets, desk drawers, overhead cabinets, and any other storage space containing documents with sensitive information will be locked when not in use. 2. Storage rooms containing documents with sensitive information and record retention areas will be locked at the end of each workday or when unsupervised. 3. Desks, workstations, work areas, printers and fax machines, and common shared work areas will be cleared of all documents containing sensitive information when not in use. 4. Whiteboards, dry-erase boards, writing tablets, etc. in common shared work areas will be erased, removed, or shredded when not in use. 5. When documents containing sensitive information are discarded they will be placed inside a locked shred bin or immediately shredded using a mechanical cross cut or U.S. Department of Defense-approved shredding device. Locked shred bins shall be labeled “Confidential Paper Shredding and Recycling.” City records, however, may only be destroyed in accordance with the city‟s records retention policy, and i n accordance with the Illinois Local Records Act. 4.A.3: Electronic Distribution Each employee and contractor performing work for the city shall comply with the following policies: 1. Internally, sensitive information may be transmitted using approved city e-mail computer software programs and networks. All sensitive information shall be encrypted when stored in an electronic format. 2. Any sensitive information sent externally via email shall be encrypted and password-protected, and transmitted solely to approved recipients. Additionally, a statement substantially similar to the following shall be included in any e-mail transmission containing sensitive information: APRIL 29, 2009 VOLUME LXXIV 324 “This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited.” SECTION 5: ADDITIONAL IDENTITY THEFT PREVENTION PROGRAM REQUIREMENTS When the city maintains certain covered accounts pursuant to federal legislation, the city may include the additional program details required under such federal accounts. 5.A: Covered Accounts A covered account includes any account that involves or is designed to permit multiple payments or transactions. Every new and existing customer account that meets the following criteria is covered by this program: 1. Business, personal and household accounts for which there is a reasonably foreseeable risk of identity theft; or 2. Business, personal and household accounts for which there is a reasonably foreseeable risk to the safety or soundness of the city from identity theft, including financial, operational, compliance, reputation, or litigation risks. 5.B: Red Flags 5.B.1: The following red flags are potential indicators of fraud. Any time a red flag, or a situation closely resembling a red flag, is apparent, it should be investigated for verification. 1. Alerts, notifications or warnings from a consumer reporting agency; 2. A fraud or active duty alert included with a consumer report; 3. A notice of credit freeze from a consumer reporting agency in response to a request for a consumer report; or 4. A notice of address discrepancy from a consumer reporting agency as defined in § 334.82(b) of the Fairness and Accuracy in Credit Transactions Act. 5.B.2: Red flags also include consumer reports that indicate a pattern of activity inconsistent with the history and usual pattern of activity of an applicant or customer, such as: 1. A recent and significant increase in the volume of inquiries; 2. An unusual number of recently established credit relationships; VOLUME LXXIV APRIL 29, 2009 325 3. A material change in the use of credit, especially with respect to recently established credit relationships; or 4. An account that was closed for cause or identified for abuse of account privileges by a financial institution or creditor. 5.C: Suspicious Documents 5.C.1: Documents provided for identification that appear to have been altered or forged. 5.C.2: The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification. 5.C.3: Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification. 5.C.4: Other information on the identification is not consistent with readily accessible information that is on file with the city, such as a signature card or a recent check. 5.C.5: An application appears to have been altered or forged, or gives the appearance of having been destroyed and reassembled. 5.D: Suspicious Personal Identifying Information 5.D.1: Personal identifying information provided is inconsistent when compared against external information sources used by the city. For example: 1. The address does not match any address in the consumer report; 2. The social security number (SSN) has not been issued or is listed on the Social Security Administration‟s death master file; or 3. Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer. For example, there is a lack of correlation between the SSN range and date of birth. 5.D.2: Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third-party sources used by the city. For example, the address on an application is the same as the address provided on a fraudulent application. APRIL 29, 2009 VOLUME LXXIV 326 5.D.3: Personal identifying information provided is of a type commonly associated with fraudulent activity as indicated by internal or third-party sources used by the city. For example: 1. The address on an application is fictitious, a mail drop, or a prison; or 2. The phone number is invalid or is associated with a pager or answering service. 5.D.4: The SSN provided is the same as that submitted by other persons opening an account or other customers. 5.D.5: The address or telephone number provided is the same as or similar to the address or telephone number submitted by an unusually large number of other customers or other persons opening accounts. 5.D.6: The customer or the person opening the covered account fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete. 5.D.7: Personal identifying information provided is not consistent with personal identifying information that is on file with the city. 5.D.8: When using security questions (mother‟s maiden name, pet‟s name, etc.), the person opening the covered account or the customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report. 5.E: Unusual Use Of, or Suspicious Activity Related To, the Covered Account 5.E.1: Shortly following the notice of a change of address for a covered account, the city receives a request for new, additional, or replacement goods or services, or for the addition of authorized users on the account. 5.E.2: A new revolving credit account is used in a manner commonly associated with known patterns of fraud patterns. For example, the customer fails to make the first payment or makes an initial payment but no subsequent payments. 5.E.3: A covered account is used in a manner that is not consistent with established patterns of activity on the account. There is, for example: 1. Nonpayment when there is no history of late or missed payments; 2. A material change in purchasing or usage patterns. VOLUME LXXIV APRIL 29, 2009 327 5.E.4: A covered account that has been inactive for a reasonably lengthy period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors). 5.E.5: Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer‟s covered account. 5.E.6: The city is notified that the customer is not receiving paper account statements. 5.E.7: The city is notified of unauthorized charges or transactions in connection with a customer‟s covered account. 5.E.8: The city receives notice from customers, victims of identity theft, law enforcement authorities, or other persons regarding possible identity theft in connection with covered accounts held by the city 5.E.9: The city is notified by a customer, a victim of identity theft, a law enforcement authority, or any other person that it has opened a fraudulent account for a person engaged in identity theft. SECTION 6: RESPONDING TO RED FLAGS 6.A: Detection of Potential Fraudulent Activity Once potentially fraudulent activity is detected, an employee must act quickly as a rapid appropriate response can protect customers and the city from damages and loss. 6.A.1: Once potentially fraudulent activity is det ected, gather all related documentation and write a description of the situation. Present this information to the designated authority for determination. 6.A.2: The designated authority will complete additional authentication to determine whether the attempted transaction was fraudulent or authentic. 6.B: Detection of Fraudulent Transaction If a transaction is determined to be fraudulent, appropriate actions must be taken immediately. Actions may include: 1. Canceling the transaction; 2. Notifying and cooperating with appropriate law enforcement; 3. Determining the extent of liability of the city; and 4. Notifying the actual customer that fraud has been attempted. APRIL 29, 2009 VOLUME LXXIV 328 SECTION 7: PERIODIC UPDATES TO PLAN 7.A: Re-Evaluation of Program and Policy at Scheduled Intervals At periodic intervals established in the program, or as required, the program will be re- evaluated to determine whether all aspects of the program are up to date and applicable in the current business environment. 7.B: Review of Covered Accounts Periodic reviews will include an assessment of which accounts are covered by the program. 7.C: Review of Red Flags As part of the review, red flags may be revised, replaced or eliminated. Defining new red flags may also be appropriate. 7.D: Review of Fraudulent Activity Action Actions to take in the event that fraudulent activity is discovered may also require revision to reduce damage to the city and its customers. SECTION 8: PROGRAM ADMINISTRATION 8.A: Involvement of Management 1. This Identity Theft Prevention Program and Policy shall not be operated as an extension to existing fraud prevention programs, and its importance warrants the highest level of attention. 2. This Identity Theft Prevention Program and Policy is the responsibility of the governing body. Approval of the initial plan has been appropriately documented and maintained. 3. Operational responsibility of this Identity Theft Prevention Program and Policy is delegated to the fiscal services group director. 8.B: Staff Training 1. Staff training shall be conducted for all employees, officials and contractors for whom it is reasonably foreseeable that they may come into contact with accounts or personally identifiable information that may constitute a risk to the city or its customers. 2. The fiscal services group director shall be responsible for ensuring identity theft training for all requisite employees and contractors. 3. Applicable employees shall receive annual training in all elements of this policy. VOLUME LXXIV APRIL 29, 2009 329 4. To ensure maximum effectiveness, applicable employees may continue to receive additional training as changes to the program are made. 8.C: Oversight of Service Provider Arrangements 1. It is the responsibility of the city to ensure that the activities of all service providers are conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft. 2. A service provider that maintains its own identity theft prevention program, consistent with the guidance of the red flag rules and validated by appropriate due diligence, may be considered to be meeting these requirements. 3. Any specific requirements should be specifically addressed in the appropriate contract arrangements. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Adopted: April 29, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G27-09 PASSED RESERVING 2009 VOLUME CAP FOR PRIVATE ACTIVITY BOND ISSUES AND RELATED MATTERS Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G27-09 AN ORDINANCE RESERVING 2009 VOLUME CAP FOR PRIVATE ACTIVITY BOND ISSUES AND RELATED MATTERS WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois (the “City”), is a City and a home rule unit of government under Section 6 of Article VII of the 1970 Constitution of the State of Illinois; and APRIL 29, 2009 VOLUME LXXIV 330 WHEREAS, according to an official Bureau of the Census population estimate set forth in the State of Illinois Allocation of Bonding Authority in Accordance with the Tax Reform Act of 1986 and the Guidelines and Procedures for the Allocation of Private Activity Bonding Authority in Accordance with the Tax Reform Act of 1986 and 30 ILCS 345 of the Office of the Governor, effective January 1, 2009 (the “Guidelines and Procedures”), the most recent census estimate of resident population of the City is 101,903, providing the City with a volume cap of $9,385,920 for the year 2009; and WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the “Code”), provides that such volume cap may be reserved and allocated to certain tax-exempt private activity bonds; and WHEREAS, the Illinois Private Activity Bond Allocation Act, 30 Illinois Compiled Statutes 2004, 345/1 et seq., (the “Act”), as supplemented and amended, and the Guidelines and Procedures, provide that a home rule unit of government may reserve its allocation of volume cap or may transfer its allocation of volume cap to any other home rule unit of government, the State of Illinois or any agency thereof or any non-home rule unit of government; and WHEREAS, it is now deemed necessary and desirable by the City to reserve its entire volume cap allocation for calendar year 2009 to be applied toward the issuance of private activity bonds, or to transfer such volume cap allocation, as permitted by this Ordinance; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That, pursuant to the power and authority granted by and under Section 6 of Article VII of the 1970 Constitution of the State of Illinois, Section 146 of the Code, the Act and the Guidelines and Procedures, the City hereby reserves volume cap in the principal amount of $9,385,920, which is all of the volume cap of the City for the year 2009. Such volume cap shall be applied toward the issuance of private activity bonds or shall be transferred as directed by the Mayor or any other proper officer or employee of the City without any further action required on the part of the City Council, and the adoption of this Ordinance shall be deemed to be an allocation of such volume cap to the issuance of such bonds; provided, that any transfer of volume cap shall be evidenced by a written instrument executed by the Mayor or any other proper officer or employee of the City. Section 2. That the Mayor, the City Clerk and all other proper officers, officials, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to further the purposes and intent of this Ordinance. Section 3. That the provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision of this Ordinance shall for any reason be declared to be invalid, such declaration shall not affect the remainder of the sections, phrases and provisions of this Ordinance. VOLUME LXXIV APRIL 29, 2009 331 Section 4. That all ordinances, resolutions or orders, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby superseded; and that this Ordinance shall be in full force and effect upon its adoption and approval. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Passed: April 29, 2009 Vote: Yeas: 7 Nays: 0 Recorded: April 30, 2009 Published: April 30, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G14-09 REMAINED ON THE TABLE AMENDING TITLE 10 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, TO PROHIBIT CERTAIN PUBLIC NUISANCE-RELATED ACTIVITIES Corporation Counsel Cogley recommended that G14-09 remain on the table until the next City Council meeting to be held on May 13, 2009. AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Keith Flaninghan Elgin, IL $60,000 Multi-Family Conversion Grant Chad Lacek Elgin, IL $60,000 Multi-Family Conversion Grant Emergency Communications Network Ormond Beach, FL $10,000 Code Red system APRIL 29, 2009 VOLUME LXXIV 332 MetroWest Council of Governments Aurora, IL $30,000 Membership dues for period of 5/1/09 – 4/30/10 CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G21-09 through G24-09 and adopt Resolution Nos. 09-99 through 09-106 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-99 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH RGH ENTERPRISES, INC. REGARDING LOCATION OF A MEDICAL SUPPLIES DISTRIBUTION FACILITY IN THE CITY OF ELGIN Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-99 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH RGH ENTERPRISES, INC. REGARDING LOCATION OF A MEDICAL SUPPLIES DISTRIBUTION FACILITY IN THE CITY OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with RGH Enterprises, Inc. regarding location of a medical supplies distribution facility in the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Adopted: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV APRIL 29, 2009 333 RESOLUTION 09-100 ADOPTED AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT WITH GRAND TRUNK CORPORATION, A SUBSIDIARY OF CANADIAN NATIONAL RAILWAY COMPANY, REGARDING NOISE MITIGATION Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-100 RESOLUTION AUTHORIZING EXECUTION OF A MEMORANDUM OF AGREEMENT WITH GRAND TRUNK CORPORATION, A SUBSIDIARY OF CANADIAN NATIONAL RAILWAY COMPANY, REGARDING NOISE MITIGATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Memorandum of Agreement with Grand Trunk Corporation on behalf of the City of Elgin regarding noise mitigation, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Adopted: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-101 ADOPTED AUTHORIZING EXECUTION OF A TERMINATION AGREEMENT WITH PLOTE CONSTRUCTION, INC. REGARDING THE FRAZIER AVENUE RECONSTRUCTION PROJECT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. APRIL 29, 2009 VOLUME LXXIV 334 Resolution No. 09-101 RESOLUTION AUTHORIZING EXECUTION OF A TERMINATION AGREEMENT WITH PLOTE CONSTRUCTION, INC. REGARDING THE FRAZIER AVENUE RECONSTRUCTION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Termination Agreement with Plote Construction, Inc. on behalf of the City of Elgin for the Frazier Avenue Reconstruction Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Adopted: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-102 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH MARTAM CONSTRUCTION, INC. FOR 2007 CENTER BUSINESS DISTRICT WATER MAIN PROJECT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-102 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH MARTAM CONSTRUCTION, INC. FOR 2007 CENTRAL BUSINESS DISTRICT WATER MAIN PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Martam Construction, Inc. for the 2007 Central Business District Water Main Project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final, attached hereto. VOLUME LXXIV APRIL 29, 2009 335 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Adopted: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-103 ADOPTED AUTHORIZING EXECUTION OF A THIRD AMENDMENT AGREEMENT WITH TRANSYSTEMS CORPORATION FOR THE CENTRAL BUSINESS DISTRICT STREETSCAPE PROJECT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-103 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT AGREEMENT WITH TRANSYSTEMS CORPORATION FOR THE CENTRAL BUSINESS DISTRICT STREETSCAPE PROJECT 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 Third Amendment Agreement with TranSystems Corporation for the Central Business District Streetscape Project, copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor APRIL 29, 2009 VOLUME LXXIV 336 Presented: April 29, 2009 Adopted: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-104 ADOPTED AUTHORIZING EXECUTION OF AN ADVERTISING TRADE AGREEMENT WITH PADDOCK PUBLICATIONS INC. (DAILY HERALD) FOR PROMOTION AND ADVERTISING OF CITY EVENTS Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-104 RESOLUTION AUTHORIZING EXECUTION OF AN ADVERTISING TRADE AGREEMENT WITH PADDOCK PUBLICATIONS, INC. (DAILY HERALD) FOR PROMOTION AND ADVERTISING OF CITY EVENTS 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 promotional agreement on behalf of the City of Elgin with Paddock Publications, Inc. for promotion and advertising of city events, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Adopted: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV APRIL 29, 2009 337 RESOLUTION 09-105 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE HILL BMX ELGIN ASSOCIATION FOR THE OPERATION OF THE BMX TRACK AT THE ELGIN SPORTS COMPLEX Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-105 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE HILL BMX ELGIN ASSOCIATION FOR THE OPERATION OF THE BMX TRACK AT THE ELGIN 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 a Purchase of Service Agreement on behalf of the City of Elgin with The Hill BMX Elgin Association for the operation of the BMX Track at the Elgin Sport Complex, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Adopted: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-106 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR INSTALLATION OF CEDAR REPLICA OF ABRAHAM LINCOLN LOG CABIN FROM ELGIN ACADEMY Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. APRIL 29, 2009 VOLUME LXXIV 338 Resolution No. 09-106 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR INSTALLATION OF CEDAR REPLICA OF ABRAHAM LINCOLN LOG CABIN FROM ELGIN ACADEMY 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 installation of cedar replica of Abraham Lincoln Log Cabin from Elgin Academy, 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: April 29, 2009 Adopted: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G21-09 PASSED AMENDING THE FEES FOR LORDS PARK POOL PASSES FOR 2009 Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV APRIL 29, 2009 339 Ordinance No. G21-09 AN ORDINANCE AMENDING THE FEES FOR LORDS PARK POOL PASSES FOR 2009 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Lords Park pool pass fees for 2009 be and are hereby amended to read as follows: Lords Park Pool Passes Type 2009 Resident Fee 2009 Non-Resident Fee Individual Pool Pass: Youth $60 $70 Adult $65 $80 Senior $60 $70 Family Pool Pass: 2 members $110 $130 3 members $130 $160 4 members $150 $175 Each additional member $12 $15 Section 2. That all 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. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Passed: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 30, 2009 Published: May 1, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk APRIL 29, 2009 VOLUME LXXIV 340 ORDINANCE G22-09 PASSED ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS FOR THE ROUTE 19/EAST CHICAGO STREET AREA OF SPECIAL CHARACTER Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G22-09 AN ORDINANCE ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS FOR THE ROUTE 19/EAST CHICAGO STREET AREA OF SPECIAL CHARACTER WHEREAS, Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, provides that the City Council may designate specific locations within the City as areas of special character in order to provide appropriate flexibility in the regulation of street graphics to the adoption of special regulation for these areas that can vary from the regulations contained within the City‟s Street Graphics Ordinance; and WHEREAS, the City Council, in its Ordinance No. G25-08, has designated the Route 19/East Chicago Street Area of Special Character defined as all zoning lots of four (4) acres or more, fronting Route 19/East Chicago Street between Willard Avenue on the west and Shales Parkway on the east, and which zoning lots are occupied by motor vehicle dealers (the “Route 19/East Chicago Street Area of Special Character”) pursuant to Section 19.50.105; and WHEREAS, written application has been made to adopt special regulations for street graphics within the Route 19/East Chicago Street Area of Special Character; and WHEREAS, the Planning and Development Commission has held a public hearing concerning the proposed special regulations; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendations that the special regulations for street graphics be denied; and WHEREAS, the Community Development Group has submitted its written findings and recommendations that the special regulations for street graphics be granted; and WHEREAS, the City Council has previously determined that the Route 19/East Chicago Street Area of Special Character has unique characteristics including the area‟s location, topography and land uses; and WHEREAS, the City Council further finds that the existing and proposed uses within the Route 19/East Chicago Street area of motor vehicle dealers presents specific unique challe nges and demands such that the City‟s Street Graphics Ordinance cannot adequately regulate street VOLUME LXXIV APRIL 29, 2009 341 graphics for such use in such area; and WHEREAS, the proposed special regulations for the Route 19/East Chicago Street Area are consistent with the unique character and unique use of the Route 19/East Chicago Area of Special Character and departures from the Street Graphics Ordinance contained within such proposed special regulations are limited to address the unique and particular area characteristics and use characteristics of the Route 19/East Chicago Street Area of Special Character. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following special regulations for street graphics for the Route 19/East Chicago Street Area of Special Character, be and are hereby granted as follows and subject to the following terms and conditions: 1. Area Defined: The Route 19/East Chicago Street Area of Special Character shall encompass all zoning lots of four acres or more, fronting on Route 19/East Chicago Street between Willard Avenue on the west and Shales Parkway on the east, and which zoning lots are occupied by motor vehicle dealers. 2. Monument Graphics: A. Monument Graphic Display. No monument graphic shall be displayed on a zoning lot unless there is a principal building on the premises, and unless off- street parking is provided on the premises, or unless all buildings on the zoning lot are setback at least fifteen feet (15') from the adjoining public right of way. B. Distance Between Monument Graphics. A one hundred (100) linear foot separation shall be maintained between all monument graphics, located on all zoning lots along the same public right of way, excepting information signs and menu board signs, wherever physically possible, measured parallel to the direction of travel on the adjoining street, as approved by the Development Administrator. C. Monument Graphic Setback. No portion of a monument graphic shall project over or into a required sign setback from a street lot line. In no case shall the height of a monument graphic exceed the setback of such sign from a residence district or residence conservation district. D. Monument Graphics: Type, Number and Size. 1. Type: All ground graphics shall be of the monument graphic type. Notwithstanding the foregoing, in the event the corporate specifications of a vehicle manufacturer for the motor vehicle dealer in question specifically prohibit monument graphics a ground graphic in such instance may be constructed on substantial supports consisting of piers or columns that comprise the same APRIL 29, 2009 VOLUME LXXIV 342 material as the sign. In such cases, the motor vehicle dealer will be required to provide substantial documentation confirming such prohibition. If constructed using piers or columns, the total width of all piers or columns when added together shall be no less than fifty percent (50%) of the maximum width of the graphic. 2. Number: There shall not be more than one primary monument graphic for each zoning lot. A secondary monument graphic shall be allowed for business with multiple major product lines as may be approved by the Development Administrator. Not more than two secondary monument graphics shall be permitted. 3. Maximum Surface Area. The maximum surface area for a primary monument graphic shall be 240 square feet. The maximum surface area for a secondary monument graphic shall be 120 square feet. Where the distinction between a primary and secondary sign is not intended, the maximum surface area of each monument graphic shall not exceed 180 square feet. 4. Maximum Height: The maximum height for a primary monument graphic shall be 30 feet. The maximum height for a secondary monument graphic shall be 20 feet. Where the distinction between a primary and secondary sign is not intended, the maximum height of each monument sign shall not exceed 25 feet. 3. Wall Graphics: A. Wall Graphics - Number and Size. 1. Number. There shall not be more than one primary wall graphic and not more than one secondary wall graphic for each major product line (automobile make) for each principal building, as may be approved by the Development Administrator, except that where a building abuts two or more streets, additional such signs, one oriented to each abutting street, shall be permitted. 2. Maximum Surface Area. The gross surface area of a wall graphics shall not exceed 20 percent of the area of the building wall to which the signs are affixed, or 200 square feet, whichever is less. 3. Maximum Height. No wall graphic shall project higher than the parapet wall to which the sign is affixed. 4. Special Graphics: A. Awning, Canopy and Marquee Graphics. 1. Number. There shall be not more than one awning, canopy or marquee sign exceeding four (4) square feet in surface area for each principal building. VOLUME LXXIV APRIL 29, 2009 343 Awning, canopy and marquee signs which are less than 4 square feet in surface area shall be allowed over each individual door or window opening. 2. Maximum Surface Area. The maximum surface area of an awning, canopy o r marquee sign shall not exceed 50 percent of the gross surface area of the smallest face of the awning, canopy or marquee to which the sign is affixed, with a maximum size of 200 square feet, whichever is less. 3. Location. A sign may be affixed to or located upon any awning, canopy or marquee. 4. Maximum Height. An awning, canopy or marquee sign shall not project higher than the top of the awning, canopy or marquee to which the sign is affixed. B. Service Bay Identification Signs. 1. Type. All service bay identification signs shall be wall signs. 2. Number. There shall not be more than one service bay identification sign for each service bay on the premises. 3. Maximum Surface Area. The maximum surface area of each service bay identification sign shall not exceed 10 square feet. 4. Location. Service bay identification signs shall be located immediately above or alongside the service bay. 5. Maximum Height. No service bay identification sign shall project higher than the parapet wall to which the sign is affixed. C. Light Pole Banners and Flags. 1. Location and Dimensions. A light pole banner or flag may only be displayed on a light standard and may not extend higher than the standard on which it is mounted. The lower bracket used to support or display the banner shall be installed at a minimum height of at least eight (8) feet if it is located within two (2) feet of a pedestrian travel area and at a minimum height of fourteen (14) feet if it is installed within a vehicular travel area. 2. Display. Light pole banners or flags shall only be displayed on privately owned light standards located within parking areas and motor vehicle display lots. The banners or flags shall not extend over public property. In no instance shall a light pole banner be extended between light standards (poles.). Light pole banners or flags may not be installed closer than forty (40) feet from any light standard (pole) on which a banner or flag is mounted. APRIL 29, 2009 VOLUME LXXIV 344 3. Surface Area. Light pole banners may not exceed ei ghteen (18) square feet per face and shall have not more than two (2) faces. Flags shall not exceed forty (40) square feet in surface area. 4. Number. No more than two (2) banners shall be displayed on a single light standard. No more than one (1) flag shall be displayed on a single light standard. At no time shall banners and flags be displayed concurrently on the same light pole. D. Car flags and Antenna Flags 1. Location: Car flags and Antenna flags may only be displayed on vehicles located within the street yard of the zoning lot. 2. Surface Area: Car flags may not exceed one and one-half (1.5) square feet in area and may be mounted on poles no greater and twenty (20) inches in height. Antenna flags may not exceed one and one-half (1.5) square feet in area. 3. Number: No more than one (1) car flag shall be displayed on a single vehicle. No more than one (1) antenna flag shall be displayed on a single vehicle. At no time shall car flags and antenna flags be displayed concurrently on the same vehicle. E. Temporary Graphics for Special Sales Events. An annual permit shall be required to allow the display of temporary graphics advertising special sales events throughout the calendar year. Upon issuance, the permittee may erect temporary graphics, which identify a distinct special sales event, at any time within the calendar year, as may be approved by the Development Administrator. The temporary graphics are subject to the following requirements: 1. One (1) freestanding temporary graphic and one (1) wall-mounted banner sign may be permitted per street frontage. No temporary sign can exceed forty (40) square feet. 2. Freestanding temporary graphics shall not be allowed to block or reduce sight visibility at driveways and shall not exceed six (6) feet in height. 3. Temporary graphics are limited to four (4) display periods per calendar year for a period not to exceed sixty (60) calendar days for each period. Display periods may be consecutive. 4. Temporary graphics shall not be illuminated. 5. Temporary graphics shall consist of professionally produced banners. 5. In the event of any conflict between the special regulations for the Route19/East Chicago Street Area of Special Character as provided herein, and the provisions of Chapter 19.50 VOLUME LXXIV APRIL 29, 2009 345 of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics”, the provisions of these special regulations for the Route 19/East Chicago Street Area of Special Character shall supersede in control. 6. With the sole exceptions of the special regulations for the Route 19/East Chicago Street Area of Special Character as specifically set forth herein, all other provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics” shall apply within the Route 19/East Chicago Street Area of Special Character and all other street graphics within the Route 19/East Chicago Street Area of Special Character shall comply with the provisions of such Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics”. Section 2. This ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Passed: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 30, 2009 Published: May 1, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G23-09 PASSED AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “HISTORIC PRESERVATION” Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. APRIL 29, 2009 VOLUME LXXIV 346 Ordinance No. G23-09 AN ORDINANCE AMENDING TITLE 20 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “HISTORIC PRESERVATION” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 20.06.010 of the Elgin Municipal Code, 1976, as amended, entitled “Nomination” be and is hereby further amended to read as follows: 20.06.010: NOMINATION: A. Individual Properties As Landmarks: Nominations for an individual property as a landmark shall be made to the heritage commission on a form prepared by it and may be made and submitted by the heritage commission, owner of record of the nominated property or structure, or the city council. Nominations for local landmark designation shall be accompanied by the following documentation: 1. A statement of integrity consisting of the street address and legal description; description of original use; description of current use; date of construction of all structures on the property; description and the date of any additions, demolition or major alterations to all structures on the property; description of whether any secondary structures associated with the property may also retain their original appearance, use and/or relationship to the primary structure; 2. Statement of significance describing any associations with historic persons, events, or on-going activities on the property; a description of how the property fits within the historic context of the surrounding area, community and/or region; a description of how the property, or features of the property, may be distinctive in design, style, execution, or if it is the work of an important architect, builder or craftsman; description of any potential to yield pre-historic or archaeological information. 3. Submission of photographs of all facades of currently existing buildings; a representative sample of historic photographs of the property, if available; a sketch of the floor plan of the property, drawn to scale, an accurate plat of survey; any other documentation that the Heritage commission may reasonably request. B. Historic Districts: Nominations for a historic district shall be made to the heritage commission on a form prepared by it and may be made and submitted by the heritage commission, at least a majority of owners of record of the nominated properties or structures within the proposed district, or the city council. Nominations for historic districts shall be accompanied by the following documentation: VOLUME LXXIV APRIL 29, 2009 347 1. A statement of integrity describing the boundaries and/or legal description of the proposed district. An architectural overview addressing issues such as: the significance of the district as a whole, the role of the district in the city‟s development; a detailed listing of primary structures and whether these are significant, contributing or non - contributing to the historic district status; a listing of secondary structures; a description of public parks, squares, and other open spaces; a listing of significant but razed structures. 2. A statement of significance consisting of a brief history of the area; a description of associations with historic persons, events or on-going activities within the proposed district. a description of how the district fits within the historic and architectural context of the surrounding area, community and/or region; a listing of significant structures or places within the proposed district that may be distinctive in design, style, execution, or are the work of an important architect, builder or craftsman; description of any potential to yield pre-historic or archaeological information. 3. Submission of photographs of at least the front facades of current existing primary structures; a representative sample of historic photographs of the proposed district, if available; an accurate plat of survey; any other documentation that the heritage commission may reasonably request. C. Owner Consent: Nominations for landmarks or historic districts made by the Elgin heritage commission shall be accompanied by the written consent of the property owner(s) of record for individual landmarks, or the written consent of at least a majority of the owners of record of properties within the proposed historic district. No building that is owned by a religious organization and is used primarily as a place for the conduct of religious ceremonies shall be nominated for designation as a historical landmark without the expressed consent of the owner(s) of record of such a property. Section 2. That Section 20.06.030 of the Elgin Municipal Code, 1976, as amended, entitled “Criteria for Consideration of Nomination” be and is hereby further amended to read as follows: 20.06.030: CRITERIA FOR CONSIDERATION OF NOMINATION: A nominated structure, property, or area must be fifty (50) years of age on the date of designation unless it is an integral part of a designated historic district or if it has otherwise achieved significance of exceptional importance. The heritage commission shall, upon such investigation as it deems necessary, make a determination as to whether a nominated structure, property or area meets at least six of the following criteria. The Heritage commission may vote to proceed with as few as four criteria if the property is identified with a person, or persons, who significantly contributed to the development of the community, county, state, or country. APRIL 29, 2009 VOLUME LXXIV 348 A. That it has character, interest or value as part of the development, heritage or cultural characteristics of the community, county, state or country and retains the integrity to be highly representative of the relevant area‟s social and cultural history; B. That its location was a site of a significant local, county, state or national event or that it was the location of a series of events or activities that contributed in a significant fashion to the community‟s identity, and/or social, cultural or economic history; C. That it is identified with a person or persons who significantly contributed to the development of the community, count y, state or country; D. That it embodies distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction or use of indigenous materials; E. That it is identified as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, county, state or country; F. That it embodies elements of design, detailing, materials or craftsmanship that render it architecturally significant; G. That it embodies design elements that make it structurally or architecturally innovative; H. That it has a unique location or singular physical characteristics that make it an established or familiar visual feature; I. That it is a particularly fine or unique example of a utilitarian structure, including, but not limited to, farmhouses, gas stations or other commercial structures, with a high level of integrity or architectural significance; J. That it is suitable for preservation or restoration, to foster the education and awareness of the community‟s past. Any structure, property or area that meets the above criteria shall also have sufficient integrity of location, design, materials and workmanship to make it worthy of preservation or restoration. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV APRIL 29, 2009 349 Presented: April 29, 2009 Passed: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 30, 2009 Published: May 1, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G24-09 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF BUILDING ADDITIONS, EXTERIOR AND INTERIOR BUILDING RENOVATIONS AND A PARKING LOT IN THE CF COMMUNITY FACILITY DISTRICT (316, 320 AND 360 DOUGLAS AVENUE) Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G24-09 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF BUILDING ADDITIONS, EXTERIOR AND INTERIOR BUILDING RENOVATIONS AND A PARKING LOT IN THE CF COMMUNITY FACILITY DISTRICT (316, 320 and 360 Douglas Avenue) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of building additions, interior and exterior building renovations and a parking lot within the CF Community Facility District at 316, 320 and 360 Douglas Avenue; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: APRIL 29, 2009 VOLUME LXXIV 350 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated March 18, 2009, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a planned development which will allow for the construction of building additions, interior and exterior building renovations and a parking lot within the CF Community Facility District at 316, 320 and 360 Douglas Avenue and legally described as follows: The North 2 chains of the East 2 chains of Block 7 of P.J. Kimball Jr.‟s Third Addition to Elgin, also the South 1 chain of the North 3 chains of the East 2 chains of Block 7 of P.J. Kimball Jr.‟s Third Addition to Elgin, and also the East 66 feet of the West 198 feet of the South 66 feet of the North 198 feet of Block 7 of P. J. Kimball Jr.‟s Third Addition to Elgin, all in the City of Elgin, Kane County, Illinois (Property Commonly Known as 316 Douglas Avenue) And, The South 132 feet of the East 115.5 feet of Block 11 of P.J. Kimball Jr.‟s Third Addition to Elgin, all in the City of Elgin, Kane County, Illinois (Property Commonly Known as 320 and 360 Douglas Avenue) be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Site Plan (Sheet SD-1), dated November 28, 2008; Floor Plans (Sheets A2-0 and A2-1), and Building Elevations (Sheet A5-0), dated November 26, 2008, prepared by Burnidge Cassell Associates. 2. All proposed changes to the existing signage shall conform to the Zoning Ordinance, Chapter 19.50 Street Graphics. 3. The foundation and slab of the existing four car garage shall be removed upon the issuance of a demolition permit. 4. The chain link fence in the front yard along the west property line shall be removed. 5. Two ornamental trees shall be installed in the front yard along Douglas Avenue on the subject property. 6. Compliance with all applicable codes and ordinances. VOLUME LXXIV APRIL 29, 2009 351 Section 3. That the conditional use granted herein shall expire if not established within two years from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 29, 2009 Passed: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 30, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Telecommunications Tax Report of March 2009 Centre Advisory Board – Minutes of March 12, 2009 Cultural Arts Commission – Minutes of March 9, 2009 Foreign Fire Insurance Tax Board – Minutes of January 5, 2009 Committee of the Whole Minutes for March 18, 2009 City Council Minutes for March 18, 2009 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. APRIL 29, 2009 VOLUME LXXIV 352 ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The meeting adjourned at 7:28 p.m. s/ Diane Robertson May 13, 2009 Diane Robertson, City Clerk Date Approved