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HomeMy WebLinkAboutk - June 10, 2009 CC436 JUNE 10, 2009 VOLUME LXXIV COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on June 10, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The Invocation was given by Pastor Tim Beam from the Elgin Bible Church and the Pledge of Allegiance was led by Mayor Schock. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE MAY 27, 2009, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve the May 27, 2009, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. COMMUNICATIONS New Citizen Recognition Program Jamie Garcia of Centro de Informacion opened the recognition ceremony and thanked the Council for the opportunity of introducing the new citizens. Members of the Elgin Choral Union sang the National Anthem. Senator Nolan and Representative Farnham were recognized. Richard Reed of Elgin Community College outlined the citizenship process. Martina Meoia and Mario Aguilar spoke about their experiences. All of the new citizens were introduced to the Council, the City Manager, and other dignitaries. Mayor Schock congratulated the participants and thanked all who assisted with this process. RECOGNIZE PERSONS PRESENT Frank Mole voiced his objections to the odd/even parking restrictions. VOLUME LXXIV JUNE 10, 2009 437 Charlene Sligting expressed her concerns regarding dog attacks. She would like to see the dog ordinance revisited. Jim Zingales expressed his concerns about pit bulls and their effects on public safety. Steven Nagel expressed his concerns about pit bulls and dog attacks. He would like to see the dog ordinance revised. Chuck Keysor expressed his concerns regarding pit bulls. He stated there were ninety-eight dog attacks last year and he would like to see the city do something about the problem that is effective. Frank Stepnowski stated he was a dog owner whose dog was attacked by a pit bull. He would like to see owners be financially responsible for their dogs. Gretchen Ohl and her dog were attached by a pit bull. She would like to see something done about the problem. Michael Swistowicz stated that he is a jogger and he was attacked by a pit bull. He is now very apprehensive when he is approached by any dog. Pat DeMoss stated he was attacked by two pit bulls and he would like to see more stringent enforcement. Ina Dews announced the opening of the Harvest Market on June 11, 2009. She also stated that the odd/even parking restrictions were a hardship for many residents. Chris Chonus stated he had concerns about the large number of pit bulls in his neighborhood. BID 09-024 AWARDED TO BRADY CONSTRUCTION MANAGEMENT FOR COPPER SPRINGS PARK SITE IMPROVEMENTS Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to approve an agreement with Brady Construction Management in the amount of $344,409.59, and approve Change Order No. 1 in the amount of $34,409.59, making the total contract amount $310,000 for the development of Copper Springs Park. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. JUNE 10, 2009 VOLUME LXXIV 438 BID 09-028A AWARDED TO MAXWELL MEDALS & AWARDS FOR TROPHIES AND MEDALS FOR YOUTH ACTIVITIES Councilmember Dunne made a motion, seconded by Councilmember Warren, to approve a contract with Maxwell Medals & Awards in the amount of $12,450 for trophies and medals for youth activities. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 09-029 AWARDED TO TENNIS SERVICES COMPANY FOR THE RESURFACING OF THE JUDSON UNIVERSITY TENNIS COURTS Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to approve an agreement with Tennis Surfaces Company in the amount of $14,900 for the resurfacing of the Judson University tennis courts. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 09-030 AWARDED TO ARROW ROAD CONSTRUCTION COMPANY FOR THE 2009 NEIGHBORHOOD RESURFACING PROJECT Councilmember Warren made a motion, seconded by Councilmember Steffen, to approve an agreement with Arrow Road Construction Company in the amount of $507,678.21 for the 2009 Neighborhood Resurfacing Project. Councilmember Kaptain asked if the non-eligible bidders had been notified of this in writing. Joe Evers, City Engineer, replied that they had not, but that they had been notified by telephone. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 09-032 AWARDED TO LANDMARK CONTRACTORS FOR THE FRAZIER AVENUE LOWERING PROJECT Councilmember Kaptain made a motion, seconded by Councilmember Warren, to approve an agreement with Landmark Contractors in the amount of $477,733.57 for the Frazier Avenue Lowering Project. Councilmember Dunne asked how low Frazier Avenue was being lowered by this project. Mr. Evers, City Engineer replied that it was approximately five feet. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV JUNE 10, 2009 439 BID 09-034 AWARDED TO TRIGGI CONSTRUCTION FOR THE 2009 NEIGHBORHOOD STREET REHABILITATION – SOUTH STREET Councilmember Steffen made a motion, seconded by Councilmember Warren, to approve an agreement with Triggi Construction in the amount of $1,933,774 for the 2009 Neighborhood Street Rehabilitation – South Street Project. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. STATE BID CONTRACT AWARDED TO CDW-G FOR THE PURCHASE OF AN HP LEFTHAND STORAGE AREA NETWORK SYSTEM UPGRADE Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to approve the state bid contract with CDW-G at a cost of $34,990.43 for the purchase of an HP LeftHand Storage Area Network System upgrade. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-141 ADOPTED AUTHORIZING FILING OF AN APPLICATION TO THE U.S. DEPARTMENT OF ENERGY’S ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 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. 09-141 RESOLUTION AUTHORIZING FILING OF AN APPLICATION TO THE U.S. DEPARTMENT OF ENERGY‟S ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 WHEREAS, the American Recovery and Reinvestment Act of 2009, Public Law 111-5 appropriates funding for the Department of Energy (DOE) to award formula based grants to local units of government under the Energy Efficiency and Conservation Block Grant (EECBG) Program, the authorization of which is set forth in Title V, Subtitle E of the Energy Efficiency Independence and Security Act of 2007; and, WHEREAS, the purpose of the EECBG Program is to assist eligible entities to create and implement strategies to reduce fossil fuel emissions in a manner that is environmentally sustainable and, to the maximum extent practical, maximizes benefits for local and regional communities; to reduce the total energy use of the eligible entities; and to improve energy efficiency in the building sector, transportation sector, and other appropriate sectors; and, JUNE 10, 2009 VOLUME LXXIV 440 WHEREAS, on March 26, 2009 the U.S. Department of Energy announced the formula for disbursement of EECBG funds, for which the City of Elgin is allocated $1,002,600 upon submittal of an acceptable grant application by June 25, 2009 and submittal and approval of an Energy Efficiency and Conservation Strategy within 120 days of application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that the City Manager is hereby authorized and directed to execute and file such application submission with the Department of Energy and to provide additional information and furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ Ed Schock Ed Schock, Mayor Presented: June 10, 2009 Adopted: June 10, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-142 ADOPTED AUTHORIZING EXECUTION OF AN ADVANCE DEPOSIT AGREEMENT WITH COMMONWEALTH EDISON COMPANY FOR ELECTRIC DISTRIBUTION EXTENSION TO THE HIGHLAND OVERHEAD TANK (T-11) 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. 09-142 RESOLUTION AUTHORIZING EXECUTION OF AN ADVANCE DEPOSIT AGREEMENT WITH COMMONWEALTH EDISON COMPANY FOR ELECTRIC DISTRIBUTION EXTENSION TO THE HIGHLAND OVERHEAD TANK (T-11) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an advance deposit agreement on behalf of the City of Elgin VOLUME LXXIV JUNE 10, 2009 441 with Commonwealth Edison Company for electric distribution extension to the Highland Overhead Tank (T-11), a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 10, 2009 Adopted: June 10, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-143 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR A FOURTH OF JULY PARADE Councilmember Kaptain made a motion, seconded by Councilmember Warren, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Warren, and Mayor Schock. Nays: None. Councilmember Steffen abstained due to a conflict of interest. Resolution No. 09-143 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR A FOURTH OF JULY PARADE 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 Downtown Neighborhood Association for the Fourth of July Parade, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor JUNE 10, 2009 VOLUME LXXIV 442 Presented: June 10, 2009 Adopted: June 10, 2009 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-144 ADOPTED AUTHORIZING EXECUTION OF AN ALCOHOL RETAILER AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR FOXFIREFEST Councilmember Warren made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Warren, and Mayor Schock. Nays: None. Councilmember Steffen abstained due to a conflict of interest. Resolution No. 09-144 RESOLUTION AUTHORIZING EXECUTION OF A FOXFIREFEST ALCOHOL RETAILER AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION 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 FoxFireFest Alcohol Retailer Agreement on behalf of the City of Elgin with the Downtown Neighborhood Association, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 10, 2009 Adopted: June 10, 2009 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV JUNE 10, 2009 443 RESOLUTION 09-145 ADOPTED REPEALING RESOLUTION NO. 09-18 AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION AND BREAKAWAY EVENT PRODUCTIONS FOR THE ELGIN CYCLING CLASSIC RACE Councilmember Kaptain made a motion, seconded by Councilmember Warren, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Warren, and Mayor Schock. Nays: None. Councilmember Steffen abstained due to a conflict of interest. Resolution No. 09-145 RESOLUTION REPEALING RESOLUTION NO. 09-18 AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION AND BREAKAWAY EVENT PRODUCTIONS FOR THE ELGIN CYCLING CLASSIC RACE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Resolution No. 09-18 adopted on January 28, 2009 be and is hereby repealed. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Downtown Neighborhood Association and Breakaway Event Productions for the Elgin Cycling Classic Race, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 10, 2009 Adopted: June 10, 2009 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk JUNE 10, 2009 VOLUME LXXIV 444 RESOLUTION 09-146 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BAXTER AND WOODMAN FOR WATER PLAN SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM UPGRADE 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. Councilmember Warren abstained due to a conflict of interest. Resolution No. 09-146 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BAXTER AND WOODMAN FOR WATER PLANT SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM UPGRADE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Baxter and Woodman for water plant supervisory control and data acquisition system upgrade, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 10, 2009 Adopted: June 10, 2009 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk 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 City of Batavia Batavia, IL $11,804.64 SMILE 1st quarter billing VOLUME LXXIV JUNE 10, 2009 445 Com Ed Oakbrook Terrace, IL $26,480.02 Damage to Com Ed‟s underground cable JULIE, Inc. Bedford Park, IL $10,400.00 2009 annual membership dues Sue Izzo Elgin, IL $15,000.00 75/25 Historic grant for property located at 214 S. State Street (see attached memo) CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G42-09 and G43-09, and adopt Resolution Nos. 09-136 through 09-140 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-136 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS 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. 09-136 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Michael Warren be and is hereby appointed as a member of the Elgin Liquor Control Commission, for a term to expire April 30, 2011. BE IT FURTHER RESOLVED that John Steffen be and is hereby appointed as a member of the Sustainability Committee for a term to expire April 20, 2011. BE IT FURTHER RESOLVED that Joseph Nickels, Stephen F. Silva, and Richard Sinnett, Jr. be and are hereby reappointed as members of the Building Commission for term to expire May 1, 2012. BE IT FURTHER RESOLVED that Patrick Hines and William Lauderdale be and are hereby reappointed as members of the Electrical Committee for a term to expire May 1, 2012. JUNE 10, 2009 VOLUME LXXIV 446 BE IT FURTHER RESOLVED that Richard C. Beebe be and is hereby reappointed as a member of the HVAC Committee for a term to expire May 1, 2012. BE IT FURTHER RESOLVED that Frank Harshman be and is hereby reappointed as a member of the Plumbing Committee for a term to expire May 1, 2012. BE IT FURTHER RESOLVED that Mary Lloyd be and is hereby reappointed as a member of the Civil Service Commission for a term to expire May 1, 2012. BE IT FURTHER RESOLVED that Jeff Grosser, Pete Garlock, Cathy Malm, and Kevin Patterson be and are hereby reappointed as members of the Hemmens Advisory Board for a term to expire May 1, 2012. BE IT FURTHER RESOLVED that William Briska, Rebecca Hunter, and John Wiedmeyer be and are hereby reappointed as members of the Elgin Heritage Commission for a term to expire May 1, 2012. BE IT FURTHER RESOLVED that Ricardo Gasca and John O‟Haire be and are hereby reappointed as a member of the Parks and Recreation Board for term to expire May 1, 2012. BE IT FURTHER RESOLVED that Jan Reedus be and is hereby appointed as a member of the Cultural Arts Commission for a term to expire November 1, 2011. BE IT FURTHER RESOLVED that James Aaron Halik be and is hereby appointed as a member of the Elgin Heritage Commission for a term to expire May 1, 2011. BE IT FURTHER RESOLVED that Rudy Zabran be and is hereby appointed as a member of the Parks and Recreation Board for a term to expire May 1, 2012. s/ Ed Schock Ed Schock, Mayor Presented: June 10, 2009 Adopted: June 10, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV JUNE 10, 2009 447 RESOLUTION 09-137 ADOPTED AUTHORIZING EXECUTION OF A HIGHWAY PERMIT WITH KANE COUNTY FOR ROADWAY, LIGHTING AND TRAFFIC SIGNAL IMPROVEMENTS TO RANDALL ROAD AT HOLMES ROAD AND FOX LANE 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. 09-137 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY PERMIT WITH KANE COUNTY FOR ROADWAY, LIGHTING AND TRAFFIC SIGNAL IMPROVEMENTS TO RANDALL ROAD AT HOLMES ROAD AND FOX LANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute a Highway Permit on behalf of the City of Elgin with the Kane County Division of Transportation for roadway, lighting and traffic signal improvements to Randall Road at Holmes Road and Fox Lane, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 10, 2009 Adopted: June 10, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-138 ADOPTED AUTHORIZING EXECUTION OF A HIGHWAY PERMIT WITH KANE COUNTY FOR CONSTRUCTION OF TRAFFIC SIGNALS ON RANDALL ROAD AT THE RANDALL POINT SUBDIVISION 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. JUNE 10, 2009 VOLUME LXXIV 448 Resolution No. 09-138 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY PERMIT WITH KANE COUNTY FOR CONSTRUCTION OF TRAFFIC SIGNALS ON RANDALL ROAD AT THE RANDALL POINT SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute a Highway Permit on behalf of the City of Elgin with the Kane County Division of Transportation for construction of traffic signals on Randall Road at the Randall Point Subdivision, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 10, 2009 Adopted: June 10, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-139 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH STEVEN NEMEROVSKI AND LAWRENCE SUFFREDIN, JR. 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. 09-139 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH STEVEN NEMEROVSKI AND LAWRENCE SUFFREDIN, JR. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Steven Nemerovski and Lawrence Suffredin, Jr. for legislative representation, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV JUNE 10, 2009 449 Presented: June 10, 2009 Adopted: June 10, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-140 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH BONESTROO, DEVERY & ASSOCIATES, INC. REGARDING CONSTRUCTION OF THE HIGHLANDS PHASE 2 GOLF COURSE 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. 09-140 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH BONESTROO, DEVERY & ASSOCIATES, INC. REGARDING CONSTRUCTION OF THE HIGHLANDS PHASE 2 GOLF COURSE 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 first amendment agreement on behalf of the City of Elgin with Bonestroo, Devery & Associates, Inc. for the Highland Phase 2 Golf Course construction, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 10, 2009 Adopted: June 10, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk JUNE 10, 2009 VOLUME LXXIV 450 ORDINANCE G42-09 PASSED GRANTING CONDITIONAL USE APPROVAL TO PERMIT A PROGRAM FOR GRAPHICS (1707 N. RANDALL ROAD) 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. G42-09 AN ORDINANCE GRANTING CONDITIONAL USE APPROVAL TO PERMIT A PROGRAM FOR GRAPHICS (1707 North Randall Road) WHEREAS, written application has been made for conditional use approval to permit a program for graphics in the PORI Planned Office Research Industrial District at 1707 North Randall Road; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its Findings of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 6, 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 Ordinance No. G58-06 entitled “An Ordinance Granting Conditional Use Approval to Permit a Program for Graphics”, passed July 12, 2006, be and is hereby repealed. Section 3. That conditional use approval to permit a program for graphics in the PORI Planned Office Research Industrial District at 1707 North Randall Road and legally described as follows: Parcel One: Lot 1 of Teeple's Subdivision, being a subdivision of part of the northwest quarter of section 32, township 42 north, range 8 east of the third principal meridian, according to the plat thereof recorded July 14, 1972 as document no. 1232690, in the in the township of Dundee, Kane County, Illinois. VOLUME LXXIV JUNE 10, 2009 451 Parcel Two: That part of the northwest quarter of section 32, township 42 north, range 8 east of the third principal meridian, described as follows: commencing at the southwest corner of said northwest quarter, thence north 01°52'53" east, along the west line of said northwest quarter, a distance of 888.16 feet to the northwest corner, as monumented, of Teeple's Subdivision, being a subdivision of part of the northwest quarter of section 32, township and range aforesaid, for the point of beginning; thence south 88°15'29" east, along the north line, as monumented, and the easterly extension of said north line of Teeple's Subdivision, a distance of 467.60 feet; thence north 01°52'53" east, parallel with the said west line of the northwest quarter, a distance of 466.69 feet; thence north 88°15'29" west, parallel with the said north line, as monumented, of said Teeple's Subdivision, a distance of 467.60 feet to the aforesaid west line of the northwest quarter; thence south 01°52'53" west, along said west line, a distance of 466.69 feet to the point of beginning, being situated in Dundee township, Kane County, Illinois, less and except that part conveyed by deed recorded July 20, 1989 as document 1985603 to the Illinois State Toll Highway authority described as follows: commencing at the southwest corner of said northwest quarter of section 32, thence northerly along the west line of said northwest quarter of section 32, a distance of 536.65 feet per plat dated June 20, 1988 (distance recorded on plat number 1232690 dated June 15, 1972, being 533.50 feet) to a point; thence continuing northerly along said west line of the northwest quarter of section 32, a distance of 351.51 feet per plat dated June 20, 1988 (distance recorded on plat number 1232690 dated June 15, 1972, being 351.00 feet) to a point of beginning; thence northerly along the last described line extended, a distance of 466.69 feet to a point; thence easterly along a line forming an angle of 89°51'38" to the right of the last described line extended, a distance of 333.54 feet to a point; thence southwesterly along a line forming an angle of 168°06'48" to the right of the last described line extended, a distance of 249.10 feet to a point; thence continuing southwesterly along a line forming an angle of 23°25'33" to the left of the last described line extended, a distance of 48.10 feet to a point; thence southerly along a line forming an angle of 54°32'52" to the left of the last described line extended, a distance of 387.58 feet to a point; thence westerly along a line forming an angle of 89°51'37" to the right of the last described line extended, a distance of 50.72 feet to the point of beginning; excepting thereof, the right of way of the existing public road. Parcel Three: The south 300 feet of the east 475 feet of the northwest quarter of section 32, township 42 north, range 8 east of the third principal meridian, (except that part dedicated to the City of Elgin by plat recorded November 27, 1989 as document 2010689) in the township of Dundee, Kane County, Illinois. Parcel Four: The northwest quarter of section 32, township 42 north, range 8 east of third principal meridian, (excepting therefrom: the north half of the northwest quarter of said northwest quarter, and except the south 300.00 feet of the east 475.00 feet JUNE 10, 2009 VOLUME LXXIV 452 of said northwest quarter, and except Teeple's Subdivision and a five acre parcel, described as follows: commencing at the southwest corner of said northwest quarter; thence north 01°52'53" east, along the west line of said northwest quarter, a distance of 536.65 feet to the south line, as monumented, of said Teeple's Subdivision for the point of beginning; thence south 88°10'19" east, along said south line, a distance of 237.29 feet to the southeast corner, as monumented of said Teeple's Subdivision; thence north 01°46'35" east, along the east line, as monumented, of said Teeple's Subdivision, a distance of 351.86 feet to the northeast corner, as monumented, of said Teeple's Subdivision; thence south 88°15'29" east, along the easterly extension of the northerly line, as monumented, of said Teeple's Subdivision, a distance of 230.95 feet; thence north 01°52'53" east, parallel with the said west line of the northwest quarter, a distance of 466.69 feet; thence north 88°15'29" west, parallel with the north line, as monumented, of said Teeple's Subdivision, a distance of 467.60 feet to the said west line of the northwest quarter; thence south 01°52'53" west, along said west line, a distance of 818.20 feet to the point of beginning, and except that part lying northerly and northeasterly of the southwesterly line of the Illinois state toll highway commission parcel number n-4d-57, described as follows: commencing at the southeast corner of said northwest quarter; thence north 01°51'04" east, along the east line of said northwest quarter, a distance of 616.24 feet for the point of beginning and being on the southwesterly line, as monumented, of said parcel number n-4d-57; thence continuing along the last described course, a distance of 346.02 feet to the northeasterly line, as monumented, of said parcel number n-4d- 57; thence north 58°15'38" west, along said northeasterly line, a distance of 2052.26 feet to the south line of the north half of the northwest quarter of said northwest quarter; thence north 88°13'58" west, along said south line, a distance of 600.50 feet to the southwesterly line as monumented, of said parcel number n- 4d-57; thence south 58°15'38" east, along said southwesterly line, a distance of 2744.88 feet to the point of beginning, and also except the Illinois Toll Highway Commission parcel number n-4d-57.2, described as follows: commencing at the northwest corner of said northwest quarter; thence south 01°52'53" west, along the west line of said northwest quarter, a distance of 663.64 feet to the southwest corner of the north half of the northwest quarter of said northwest quarter, hereinafter referred to as point c; thence continuing along the last described course, a distance of 707.96 feet; thence south 88°01'51" east, perpendicular to the center line of Randall Road, as per dedication of the right of way for public road purposes, document number 576570, filed in the recorder's office of Kane County, Illinois on march 21, 1947, a distance of 30.19 feet to the east right of way line of said Randall Road for the point of beginning; thence north 06°44'20" east, a distance of 710.74 feet to a point on the south line of the north half of the northwest quarter of said northwest quarter, that is 90.37 feet, as measured along said south line, east of aforesaid point c; thence north 88°13'58" west, along said south line, a distance of 59.10 feet to the said east right of way line of Randall Road; thence south 01°58'09" west, along said right of way line, a distance of 708.07 feet to the point of beginning), (also excepting therefrom that part of the land conveyed to Illinois State Toll Highway authority by deed recorded VOLUME LXXIV JUNE 10, 2009 453 September 29, 1988 as document 1934642) (and also except that part dedicated to City of Elgin by plat recorded November 27, 1989 as document 2010689) in Dundee township, Kane County, Illinois. Parcel Five: The north 468.03 feet, as measured along the east and west lines of the southwest quarter of section 32, township 42 north, range 8 east of the third principal meridian, (except that part conveyed by deed recorded July 12, 1990 as document 90k36232 to county of Kane) (and also except that part dedicated to City of Elgin by plat recorded November 27, 1989 as document number 2010689) (and also except that part conveyed by deed recorded April 5, 1995 as document 95k018390 to county of Kane) in the City of Elgin, Kane County, Illinois (Property Commonly Known as 1707 North Randall Road). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted with the development application, prepared by Maureen Burns, RPA, Property Manager, Colliers Bennett & Kahnweiler, dated January 5, 2009. 2. Substantial conformance to the Graphic Plan, prepared by White Way Sign Company, dated August 28, 2008, last revised January 30, 2009. 3. Substantial conformance to the Landscape Plans (sheets L1–L4), prepared by RP Rosborough Partners, Inc., dated March 23, 2009, last revised April 13, 2009. 4. Substantial conformance to the Graphic Plan (sheets 1-5), prepared by White Way Sign Company, dated May 13, 2005, last revised March 14, 2006. 5. Substantial conformance to the graphic landscape plans for freestanding graphics, prepared by Brickman Group, dated May 8, 2006. 6. All new trees shall be installed as part of Phase 1 and prior to the issuance of a sign permit; all proposed shrubs and grasses shall be installed by April 30, 2010. 7. Compliance with all other codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. 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 JUNE 10, 2009 VOLUME LXXIV 454 Presented: June 10, 2009 Passed: June 10, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 11, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G43-09 PASSED RECLASSIFYING CERTAIN TERRITORY FROM ORI OFFICE RESEARCH INDUSTRIAL TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (2454 ALFT LANE) 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. G43-09 AN ORDINANCE RECLASSIFYING CERTAIN TERRITORY FROM ORI OFFICE RESEARCH INDUSTRIAL TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (2454 Alft Lane) WHEREAS, written application has been made for a map amendment from ORI Office Research Industrial District to PORI Planned Office Research Industrial 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 of Fact and recommended approval; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the Findings of Fact and Recommendation of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 4, 2009, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. VOLUME LXXIV JUNE 10, 2009 455 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 PORI Planned Office Research Industrial District, the following described property: Part of Lots 17 and 18, Westfield Business Park, City of Elgin, Kane County, Illinois, according to the plat thereof recorded as document 1931202 and also; part of Lot 22, Westfield Business Park Plat No. 2, City of Elgin, Kane County, Illinois according to the plat thereof recorded as document 2012687 described as follows: commencing at the southeast corner of said Lot 18; thence North 88°47‟4 5" west along the southerly line of said Lot, 390.80 feet to a westerly line of Elgin Courtyard on Randall Office Condominium for a point of beginning, thence north 1º12'15" east along a westerly line of said condominium 104.0 feet; thence north 88 degrees 47 minutes 45 seconds west along a southerly line of said condominium 18.11 feet; thence north 10 12'15" east along a westerly line of said condominium 206.0 feet to a point of curvature therein; thence northerly, northwesterly and westerly along a westerly line of said condominium being a curve to the left having a radius of 93.0 feet, tangent to the last described course, 152.19 feet to a point of tangency therein; thence south 87º26‟25" west along a southerly line of said condominium 24.71 feet; thence north 1ºI2‟ 15" east along a westerly line of said condominium 232.82 feet to the northerly line of said Lot 22; thence north 88º47'45" west along the northerly line of said Lot, 20.33 feet to a point of curvature therein; thence westerly, southwesterly and southerly along the northwesterly line of said Lot, being a curve to the left having a radius of 249.0 feet, tangent to the last described course, 391.13 feet to a point of tangency therein; thence south 1º12'15" west along the westerly line of said Lots 22 and 17, 350.0 feet to a point of curvature therein; thence southerly, southeasterly and easterly along the southwesterly line of said Lot 17, being a curve to the left having a radius of 35.0 feet, tangent to the last described course, 54.98 feet to a point of tangency therein; thence south 88°47'45" east along the southerly line of said Lots 17 and 18, 376.20 feet to the point of beginning in the City of Elgin, Kane County, Illinois ( Property commonly known as 2454 Alft Lane). (The land described in this Section 2 is herein called the “subject property”.) Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PORI Planned Office Research Industrial District in accordance with the following provisions: A. Purpose and Intent. The purpose of the PORI Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the provisions JUNE 10, 2009 VOLUME LXXIV 456 of Chapter 19.60, Planned Developments. A PORI zoning district is most similar to, but departs from the standard requirements of the ORI zoning district. B. Supplementary Regulations. Any word or phrase contained 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, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PORI 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, as amended. D. Zoning Districts - Generally. In this PORI 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, as amended. E. Land Use. In this PORI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 Land Use, of the Elgin Municipal Code, as amended. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the ORI Office Research Industrial District: 1. Municipal services division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 2. Offices division: "Offices" [SR] (UNCL). 3. Finance, insurance and real estate division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 4. Services division: Advertising (731). Child daycare services (835). Commercial, economic, sociological, and educational research (8732). VOLUME LXXIV JUNE 10, 2009 457 Commercial physical and biological research (8731). Computer programming, data processing, and other computer related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management, and related services (87). Home healthcare services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Legal services (811). Libraries (823). Linen supply (7213). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Motion picture distribution and allied services (782). Motion picture production and allied services (781). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). JUNE 10, 2009 VOLUME LXXIV 458 Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). Outdoor advertising services (7312). Personnel supply services (736). Photofinishing laboratories (7384). Physical fitness facilities. Professional sports operators and promoters. (7941). Security systems services. (7382). Tax return preparation services. (7291). Theatrical producers (792). Veterinary Services for Animal Specialties“ limited to ophthalmology, cardiology, orthopedics, oncology, rheumatology, and other specialties of veterinary medicine, excluding general veterinary practice, kennels, overnight boarding, animal hospitals for pets and other animal specialties, pet hospitals, and farm animals/livestock such as horses, pigs, sheep, cows etc. (0742). Notwithstanding the foregoing, or anything else to the contrary in this ordinance, no farm animals and/or livestock shall be permitted on the subject property at any time, including, but not limited to, horses, pigs, sheep and cows. Vocational schools (824). Watch, clock, and jewelry repair (763). 5. Retail trade division: Automatic merchandising machine operators (5962). Catalog and mail order houses (5961). Direct selling establishments (5963). 6. Agricultural division: VOLUME LXXIV JUNE 10, 2009 459 Landscape counseling and planning (0781). 7. Construction division: "Contractor's office and equipment areas" [SR] (UNCL). General warehousing and storage, but not including "warehousing, self-storage" (4225). 8. Manufacturing division: Apparel and other finished products made from fabrics and similar materials (23). Computer and office equipment (357). Electronic and other electrical equipment and components (36). Fabricated metal products (34). Furniture and fixtures (25). Industrial and commercial machinery and equipment (35). Leather and leather products (31). Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; and watches and clocks (38). Primary metal industries (33). Printing, publishing, and allied industries (27). Stone, clay, glass and concrete products (32). Tobacco products (21). Transportation equipment (37). 9. Wholesale trade division: Apparel piece goods and notions (513). Beer, wine and distilled alcoholic beverages (518). Drugs, drug proprietaries and druggists' sundries (512). JUNE 10, 2009 VOLUME LXXIV 460 Electrical goods (506). Furniture and home furnishings (502). Hardware and plumbing and heating equipment and supplies (507). Machinery, equipment, and supplies (508). Paper and paper products (511). Professional and commercial equipment and supplies (504). 10. Transportation, communication and utilities division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators' offices (414). Cable and other pay television services (484). "Commercial antenna tower" [SR] (UNCL). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Courier services (4215). Freight forwarding in general (4731). Intercity and rural bus transportation operators' offices (413). Local and suburban passenger transportation operators' offices (411). Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). VOLUME LXXIV JUNE 10, 2009 461 "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). 11. Miscellaneous uses division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the ORI office research industrial district, subject to the provisions of section 19.12.500 of this title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the ORI office research industrial district, subject to the provisions of section 19.10.400 of this title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI office research industrial district, subject to the provisions of chapter 19.47 of this title. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI office research industrial district, subject to the provisions of chapter 19.45 of this title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the ORI office research industrial district, subject to the provisions of chapter 19.45 of this title. "Signs" [SR] (UNCL), subject to the provisions of chapter 19.50 of this title. "Temporary uses" [SR] (UNCL). Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in the ORI office research industrial district: 1. Municipal services division: "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. JUNE 10, 2009 VOLUME LXXIV 462 2. Public administration division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Retail trade division: Drinking places (alcoholic beverages) (5813). Eating places (5812). "Outdoor eating and drinking facilities" [SR] (UNCL). 4. Manufacturing division: Paper and allied products (26). Rubber and miscellaneous plastics products (30). Textile mill products (22). 5. Transportation, communication and utilities division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). 6. Miscellaneous uses division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the ORI office research industrial district, subject to the provisions of section 19.12.500 of this title. VOLUME LXXIV JUNE 10, 2009 463 "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the ORI office research industrial district, subject to the provisions of section 19.10.400 of this title. "Commercial operations yard" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of chapter 19.50 of this title. "Parking lots" [SR] (UNCL), subject to the provisions of chapter 19.45 of this title. "Parking structures" [SR], subject to the provisions of chapter 19.45 of this title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of chapter 19.60 of this title. Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the ORI office research industrial district or in a less restrictive zoning district, pursuant to subsection 19.10.400H of this title: 1. Services division: Business services not elsewhere classified (7389). Laundry and garment services not elsewhere classified (7219). Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299). Miscellaneous repair shops and related services (769). Services not elsewhere classified (899). Social services not elsewhere classified (839). 2. Manufacturing division: Miscellaneous manufacturing industries (39). 3. Transportation, communication and utilities division: Transportation services not elsewhere classified (4789). (Ord. G71-08 § 1, 2008; Ord. G65-05 § 7, 2005; Ord. G44-96 § 10, 1996; Ord. G81-95 § 1, 1995; Ord. G9-95 § 1, 1995; Ord. G23-94 §§ 2_5, 1994; Ord. G45-92 § 2, 1992) JUNE 10, 2009 VOLUME LXXIV 464 F. Site Design. In this PORI 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 Municipal Code, as amended, except as may be otherwise provided in this section. In this PORI zoning district, the site design regulations shall also include the following: 1. General Conditions. The following general conditions will apply to the development and maintenance of land and structures within this PORI zoning district: a. Substantial conformance to the Petitioner‟s Statement of Purpose and Conformance, submitted with the development application prepared by Peter C. Bazos, Bazos, Freeman, Kramer, Schuster, Vanek & Kolb, Attorneys at Law, dated March 26, 2009. b. No more than four (4) principal buildings shall be developed on the subject property. Neither (i) the construction of any building or other improvements on the subject property or (ii) the subdivision of the subject property in accordance with the City of Elgin‟s subdivision ordinance, if applicable, and otherwise in accordance with the exemptions from subdivision contained in the Illinois Plat Act shall require an amendment to this PORI Ordinance so long as the requirements of this PORI Ordinance are adhered to in connection therewith.. c. All buildings shall be constructed and maintained with a minimum eighty percent (80%) masonry materials such as brick and natural stone. The other twenty percent (20%) shall be comprised of composite materials such as glass, cultured stone and cast stone, precast concrete panel systems designed to look like brick or stone, or imprinted with architectural features such as lintels, windowsills and cornices. d. The architectural design of all buildings and associated landscaping, shall be in compliance with the provisions of Chapter 19.14 of the Municipal Code. e. Neither the subdivision of the subject property nor the construction of one or more structures thereon shall require any amendment to this PORI ordinance so long VOLUME LXXIV JUNE 10, 2009 465 as such development is made in compliance to the provisions hereof. f. No farm animals and/or livestock shall be permitted on the subject property at any time including, but not limited to, horses, pigs, sheep and cows. 2. Zoning Lots. In this PORI zoning district, “zoning lots” shall be subject to the provisions of Section 19.12.300, zoning Lots - Clarifications and Exceptions, of the Elgin Municipal Code, as amended. 3. Lot Area. In this PORI zoning district, the minimum required “zoning lot area” shall be 60,000 square feet. 4. Lot Width. In this PORI zoning district, the minimum required lot width for a zoning lot shall be 160 linear feet. 5. Setbacks - Generally. In this PORI zoning district, “setbacks” shall be subject to the provisions of Section 19.12.400, Setbacks - Clarifications and Exceptions, of the Elgin Municipal Code, as amended. 6. Setbacks by Lot Line. In this PORI zoning district, the minimum required “building” setbacks” and “vehicle use area setbacks” from a “lot line” for a zoning lot shall be as follows: a. Building Setbacks. In this PORI zoning district, the minimum required “building setbacks” for a zoning lot shall be as follows: (1) Street Setback. The minimum required building setback from the Alft Lane “street lot line” and from the Westfield Drive "street lot line" [SR] shall be thirty-five linear feet (35‟). (2) Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be twenty linear feet (20‟). b. Vehicle Use Area Setbacks by Lot Line. In this PORI zoning district, the minimum required “vehicle use area setbacks” for a zoning lot shall be as follows: (1) Street Setback. The minimum required vehicle use area setback from Alft Lane and from Westfield Drive shall be twenty-five linear feet (25‟). (2) Interior Setback. The minimum required vehicle use area setback from an interior lot line shall be six linear feet (6‟). JUNE 10, 2009 VOLUME LXXIV 466 7. Accessory Structures and Buildings. In this PORI zoning district, “accessory structures and buildings” shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 8. Yards - Generally. In this PORI zoning district, a “street yard” [SR], a “side yard” [SR], a “rear yard” [SR], or a “transition yard” [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, with the following exceptions: 9. Landscape Yards. In this PORI zoning district, landscape yards shall be as follows: a. Landscaping - Generally. All "yards" [SR] established by a required building setback or by the actual location of a building and not occupied by allowable improvements constructed in conformance to all applicable codes and ordinances shall be landscaped with grass, shrubs, trees, or other suitable pervious groundcover, as follows: (1) Street Yard. Street yards shall be fully landscaped. (2) Side and Rear Yard. Side and rear yards shall be fully landscaped. (3) Foundation Yards. A minimum 5 linear foot wide landscaped area shall be provided along the front of a building, and a minimum 5 linear foot wide landscaped area shall be provided along the sides and rear of building. These planting areas need not be uniform in shape so long as the required amount of space is landscaped. Sidewalks shall be located outside of required foundation yard areas, with the exception of direct building access or courtyard use. No foundation yard shall be required at loading and services entries to a building. (5) Parking and Drives. With the exception of entrance drives and motor vehicle overhangs, no parking or drive shall be located within any required landscaped area. (6) Irrigation. Irrigation requirements for landscape yards shall be as follows: on all lots only street yards shall be fully irrigated. VOLUME LXXIV JUNE 10, 2009 467 b. Landscaping. Landscaping within the aforesaid setback areas shall satisfy the following minimum requirements: (1) Parking Landscape Area. Where a parking lot is located adjacent to Alft Lane or Westfield Drive, the Vehicle Use Setback shall be landscaped with that minimum number of trees and shrubs that is 50% percent greater than that required by Section 19.12.700 C. of the Elgin Municipal Code. The required number of trees shall be comprised of both deciduous and coniferous trees. Where parking is located adjacent to other street rights of way, there shall be a minimum 12 shrubs (each at least 2.5 feet in height) per 100 linear feet, and 2.5 trees (each having at least a 3 inch caliper) per 100 linear feet. (2) Grouping of Trees. Grouping of required trees and shrubs shall be encouraged in combination with berming. (3) Curbed Tree Islands. A curbed tree island shall be required after every 20 parking spaces. The island must measure at least 9 feet by 18 feet and contain at least one tree (having at least a 3 inch caliper). 10. Floor Area: Building Height. In this PORI District, the maximum "floor area" for a zoning lot shall not exceed 100% of the zoning lot area. There shall be no maximum building height. 11. Building Coverage. In this PORI District, the maximum "building coverage" [SR] for a zoning lot shall not exceed 70% of the zoning lot area. G. Off Street Parking. In this PORI 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. H. Off Street Loading. In this PORI zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as may be amended. I. Signs. In this PORI zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, as may be amended. J. Nonconforming Uses and Structures. In this PORI zoning district, nonconforming uses and structures shall be subject to the provisions of Chapter JUNE 10, 2009 VOLUME LXXIV 468 19.52, Nonconforming Uses and Structures, of the Elgin Municipal Code, as may be amended. K. Planned Developments. This PORI zoning district shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, as may be amended. A conditional use for a planned development may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. L. Conditional Uses. In this PORI zoning district, conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, as may be amended. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. M. Variations. In this PORI zoning district variations shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PORI zoning district and without necessitating that all other property owners authorize such an application. N. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provision of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, as may be amended. O. Subdivisions - Generally. In this PORI zoning district, subdivisions shall be subject to the provisions of Title 18, Subdivisions, of the Elgin Municipal Code, as may be amended, except as may be specifically provided otherwise in this planned industrial district ordinance or in the preliminary plat approved by the corporate authorities as part of the annexation of the subject property. P. Subdivisions - Design Standards. In this PORI zoning district, subdivisions shall be subject to the provisions of Chapter 18.24, Design Standards, of the Elgin Municipal Code, as may be amended, with the following exceptions: a. Additional Subdivision. "Lots of record" (SR) may be platted at any number, size, width, or depth. Additional lots of record may be established subsequent to final plat approval provided that such lots of record are established in compliance with the State Plat Act and provided that all resulting "zoning lots" (SR) conform to all of the provisions of this planned industrial district ordinance. VOLUME LXXIV JUNE 10, 2009 469 b. Easements. Utility easements ten (10) feet in width shall be provided along the Alft Lane and Westfield Drive rights of way. Q. Building and Construction - Generally. In this PORI zoning district, building and construction shall be subject to the provisions of Title 16, Building and Construction, of the Elgin Municipal Code, as may be amended, except as may be specifically provided otherwise in this planned industrial district ordinance. 1. All sanitary sewers 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. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 10, 2009 Passed: June 10, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 11, 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 Steffen, 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. Design Review Subcommittee Minutes for April 28, 2009 Emergency Telephone System Board of Elgin Minutes for April 16, 2009 Elgin Police Pension Fund/Investment Committee Minutes for November 20, 2009; December 18, 2008; January 15, 2009; February 19, 2009, and March 19, 2009. Elgin Police Pension Fund Minutes for January 22, 2009 Hotel/Motel Tax Report for April, 2009 Committee of the Whole Minutes for May 13, 2009 JUNE 10, 2009 VOLUME LXXIV 470 City Council Minutes for May 13, 2009 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Steffen made a motion, seconded by Councilmember Kaptain, 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 8:25 p.m. s/ Diane Robertson June 24, 2009 Diane Robertson, City Clerk Date Approved