The URL can be used to link to this page

Home My WebLink Abouto - August 12, 2009 CC545 VOLUME LXXIV AUGUST 12, 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 August 12, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The Invocation was given by Reverend Jerre Vasser, an Elgin Police Department Community Chaplain, and the Pledge of Allegiance was led by Mayor Ed Schock. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE JULY 22, 2009, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Warren made a motion, seconded by Councilmember Steffen, to approve the July 22, 2009, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmembers Dunne and Gilliam voted present. COMMUNICATIONS Second Baptist Church Kinship Care Education Symposium Proclamation Mayor Schock read a proclamation recognizing the Second Baptist Church for its Kinship Care Education program. Reverend Nathaniel Edmonds accepted the proclamation on behalf of the church. FoxFireFest Recap and Recognition Cherie Murphy and Barbara Keselica gave a recap of the third annual FoxFireFest that was held on August 1 and 2 in Festival Park and on nearby streets. It was estimated that 8,500 people attended with about 40% of them being from out of town. They reviewed various changes that had been made to the festival in regards to the events and activities, and the economic impact. They thanked all of the sponsors, volunteers, and staff for their hard work. Councilmember Warren stated that he was proud of the event and congratulated everyone that participated. Councilmember Prigge said that the motocross exhibition could be seen on U- Tube. Mayor Schock thanked everyone involved for their hard work. AUGUST 12, 2009 VOLUME LXXIV 546 RECOGNIZE PERSONS PRESENT James Johnston Sr. thanked the Council for the Senior Tax Rebate program. He also said that he felt the city should be paying for the entire overhead sewer program. John Collins wants to have a meeting regarding the flooding issues at Preston and Cooper and would like all of his neighbors to be invited. Jae Papa stated he is a resident in the Edgewater area and that there is no tornado warning system in place in that area. He also stated that the police do not patrol that area and he wants more of a police presence. Greg Shannon, local business owner of the Elgin Public House, thanked everyone for a successful FoxFireFest. Gary Newland said that the lot next to 76 S. Grove Avenue is not being properly maintained and that their have been some flooding issues due to problems with the drains. Councilmember Kaptain mentioned that he had been made aware of this problem and a similar one on Channing. He suggested that the development agreements should be reviewed so that these areas are cleaned up by the respective developers. General Services Director, David Lawry, said that the Fox River Water Reclamation District had found some problems with their system near the South Grove location and they will be making the necessary repairs. Councilmember Gilliam asked if anything could be done with that lot to make it more presentable. City Manager Stegall said staff would bring back some recommendations. Councilmember Dunne said that most of the development agreements do include remedies. BID 09-035 AWARDED TO DAVEY TREE EXPERT FOR MUNICIPAL TREE REMOVAL AND EMERGENCY TREE SERVICES Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to award a contract to Davey Tree Expert for a not-to-exceed amount of $90,000 for municipal tree removal and emergency tree services. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PETITION 16-09 APPROVED REQUESTING ANNEXATION; PROPERTY LOCATED NORTH OF US ROUTE 20 AND SOUTHEAST OF OAK RIDGE SUBDIVISION, TO BE DEDICATED AS PUBLIC RIGHT OF WAY, BY SUSAN L. METZGER, GEORGE G. METZGER AND MARY G. METZGER, AS APPLICANTS AND OWNERS Planning Manager Fitzgibbons reviewed the petition and indicated it was a dedicated right of way to complete the intersection improvements. He said that the Planning and Development Commission recommended approval. VOLUME LXXIV AUGUST 12, 2009 547 Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to approve Petition 16-09 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-183 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH PINGREE CREEK, L.L.C. (PINGREE CREEK SUBDIVISION) Planning Manager Fitzgibbons reviewed the resolution. Councilmember Dunne asked if the developer got to choose their building and fire codes since there was a newer version since the original annexation. Corporation Counsel William Cogley said he will have to look at the annexation agreement to see which one would apply. Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Dunne abstained. Resolution No. 09-183 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH PINGREE CREEK, L.L.C. (Pingree Creek Subdivision) WHEREAS, the owners of certain property commonly known as the Pingree Creek Subdivision at 4400 Damisch 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 Second Amendment to Annexation Agreement with Pingree Creek, L.L.C. is in the best interests of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Second Amendment to Annexation Agreement with Pingree Creek, L.L.C., a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor AUGUST 12, 2009 VOLUME LXXIV 548 Presented: August 12, 2009 Adopted: August 12, 2009 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G48-09 PASSED AMENDING ORDINANCE NO. G68-05 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (NARROW LOT NEIGHBORHOOD) (PINGREE CREEK SUBIDVISION-4400 DAMISCH ROAD) Councilmember Gilliam made a motion, seconded by Councilmember Warren, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Dunne abstained. Ordinance No. G48-09 AN ORDINANCE AMENDING ORDINANCE NO. G68-05 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (NARROW LOT NEIGHBORHOOD) (Pingree Creek Subdivision-4400 Damisch Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory as a Planned Development 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Ordinance No. G68-05 adopted by the City Council on July 27, 2005, be and is hereby amended in its entirety to read as follows: VOLUME LXXIV AUGUST 12, 2009 549 Section 1. 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: 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 (Narrow Lot Neighborhood), the following described areas within the project area: Those areas on the attached Pingree Creek Zoning Map, prepared by Shaffer & Roland, Inc., dated June 8, 2007, designated as 30‟x 100‟, 40‟x 100‟, 50‟x 95‟ and 50‟x 100‟ lots. Section 2. That the development of the PSFR2 Planned Single Family Residence District (Narrow Lot Neighborhood) 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 (Narrow Lot Neighborhood) is to provide a planned urban residential environment of standardized high density for single family attached (duplexes and townhomes) and single family detached dwellings. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential District, the TFR Two Family District, and the MFR Multiple Family Residence District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this 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, and the terms, conditions and provisions of that certain Annexation Agreement dated as of February 25, 2004 between the City of Elgin and Pingree Creek, L.L.C., as amended (the “Annexation Agreement”). In the event of any conflicts or inconsistencies between the provisions of the Annexation Agreement and the provisions of this Ordinance, the provisions of the Annexation Agreement shall be controlling. 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 AUGUST 12, 2009 VOLUME LXXIV 550 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. 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. Two-family dwellings [SR] (UNCL). 3. Attached dwellings [SR] (UNCL). 4. Residential garage sales [SR] (UNCL). 5. Residential occupations [SR] (UNCL). 6. Residential outdoor storage of firewood [SR] (UNCL). 7. Residential parking areas [SR] (UNCL). Finance, Insurance, and Real Estate Division. 8. Development sales office [SR] (UNCL). Services Division. 9. Family residential care facility [SR] (8361). 10. Home child day care services [SR] (8351). Construction Division. 11. Contractors office and equipment areas [SR] (UNCL). Transportation, Communication, and Utilities Division. 12. Radio and television antennas [SR] (UNCL). 13. Satellite dish antennas [SR] (UNCL). 14. Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 15. Fences and walls [SR] (UNCL). 16. Street graphics [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Zoning Ordinance. 17. Temporary uses [SR] (UNCL). 18. 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. 19. 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. VOLUME LXXIV AUGUST 12, 2009 551 In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated land uses [SR] shall be the only land uses allowed as a conditional use [SR] in this PSFR2 zoning district: Residences Division. 1. Conditional residential occupations [SR] (UNCL). Municipal Services Division. 2. Municipal facilities [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. Amateur radio antennas [SR] (UNCL). 4. Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. Commercial antenna tower [SR] (UNCL) 6. Other radio and television antennas [SR] (UNCL). 7. Other satellite dish antennas [SR] (UNCL). 8. Pipelines, except natural gas (461). 9. Railroad tracks (401). 10. Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators [SR] (UNCL). Miscellaneous Uses Division. 11. Planned developments [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. Accessory structures [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. Accessory uses [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design - In this PSFR2 zoning district (Narrow Lot Neighborhood), the use and development of land and structures and the site design regulations shall be as provided in Chapter 19.12, Site Design of the Elgin Municipal Code, 1976, as amended, and as provided in this Ordinance, and in the Annexation Agreement. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. General conformance with the Preliminary Plat booklet for Pingree Creek, prepared by Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated January 28, 2004, as amended, including the following: AUGUST 12, 2009 VOLUME LXXIV 552 a. Pingree Creek (Data Table), prepared by Shaffer & Roland, Inc., dated January 11, 2007. b. Preliminary Plan for Pingree Creek, prepared by Shaffer & Roland, Inc., last revised May 4, 2007. c. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated January 12, 2004. d. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated January 27, 2004. e. Pingree Creek Subdivision Preliminary Engineering, prepared by Sheaffer & Roland, Inc., dated May 4, 2007, including Street Cross- Section Drawings for Damisch Road and Highland Avenue. f. Pingree Creek Design Principles and Applications, dated January 28, 2004. g. Homes on 50‟x95‟ and 50‟ x 100‟ Lots (Ashton, Bayberry, Biltmore, Chadsworth, Clybourn, Everleigh, Gates, Mapleton), dated January 28, 2004. h. Homes on 40‟ x 100‟ Lots (Armstrong, Chapman, Haller, Madison, Parker), dated January 28, 2004. i. Homes on 30‟ x 100‟ Lots (Alexander, Charlotte, Denver, Flagstaff, Potomac), dated January 28, 2004. j. Pingree Creek Single Family Home Landscaping, January 28, 2004. 2. Compliance with the provisions of the “Covenants, Conditions and Restrictions for Single Family Homes to be Constructed in Pingree Creek” as such document may be completed and amended as agreed to by the owner of the subject property and the Community Development Manager. 3. The elevations and façades of the proposed rear and front loading garage single family products proposed by the Developer will be permitted to use any of the following exterior building materials: wood, stone, brick, stucco, EIFS, .024 gauge aluminum and vinyl on each wall facing a street. 4. Additional building elevations for residential structures to be constructed on the Subject Property may be authorized and approved by the city‟s Community Development Manager so long as any such additional building elevations are otherwise in compliance with the terms and provisions of this ordinance, the private covenants for the Subject Property, and the annexation agreement for the Subject Property. 5. The blending of thirty (30) foot, forty (40) foot and fifty (50) foot lots within neighborhoods shall be permitted as long as the resulting densities are within the total density provided for in the Preliminary Plat of Pingree Creek referred to above. In the event the owner of the subject property proposes development of a phase or phases of the development which are not in general conformance with the foregoing listed site design conditions, the owner shall be required to submit a VOLUME LXXIV AUGUST 12, 2009 553 development plan to the city for review by the Planning and Development Commission and approval by the City Council. 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, Signs, of the Elgin Municipal Code, 1976, as amended. The development administrator may require, and may approve signs, including temporary model home and sales office signs and signs for uses associated therewith and for directions thereto, not otherwise provided by this title in support of the development. 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, 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 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. AUGUST 12, 2009 VOLUME LXXIV 554 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, and the provisions of the Annexation Agreement. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Passed: August 12, 2009 Vote: Yeas: 6 Nays: 0 Recorded: August 13, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G49-09 PASSED AMENDING ORDINANCE NO. G72-05 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (STANDARD LOT NEIGHBORHOOD) (PINGREE CREEK SUBDIVISION-4400 DAMISCH ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Dunne abstained. VOLUME LXXIV AUGUST 12, 2009 555 Ordinance No.G49-09 AN ORDINANCE AMENDING ORDINANCE NO. G72-05 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (STANDARD LOT NEIGHBORHOOD) (Pingree Creek Subdivision- 4400 Damisch Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory as a Planned Development 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Ordinance No. G72-05 adopted by the City Council on July 27, 2005, be and is hereby amended in its entirety to read as follows: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following: 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 (Standard Lot Neighborhood), the following described areas within the project area: Those areas on the attached Pingree Creek Zoning Map, prepared by Shaffer & Roland, Inc., dated June 8, 2007, designated as 60‟x 100‟and 80‟x 100‟ lots. Section 2. That the development of the PSFR2 Planned Single Family Residence District (Standard Lot Neighborhood) 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 (Standard Lot Neighborhood) is to provide a planned urban residential environment of standardized medium density for single family detached dwellings. The PSFR2 District is most similar to, but depa rts from the standard requirements of the SFR2 Single Family Residential District. AUGUST 12, 2009 VOLUME LXXIV 556 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 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, and the terms, conditions and provisions of that certain Annexation Agreement dated as of February 25, 2004 between the City of Elgin and Pingree Creek, L.L.C., as amended (the “Annexation Agreement”). In the event of any conflicts or inconsistencies between the provisions of the Annexation Agreement and the provisions of this Ordinance, the provisions of the Annexation Agreement shall be controlling. 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, and the provisions of the Annexation Agreement. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. 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. 20. Single family detached dwellings [SR] (UNCL). 21. Residential garage sales [SR] (UNCL). 22. Residential occupations [SR] (UNCL). 23. Residential outdoor storage of firewood [SR] (UNCL). 24. Residential parking areas [SR] (UNCL). Finance, Insurance, and Real Estate Division. 25. Development sales office [SR] (UNCL). Services Division. 26. Family residential care facility [SR] (8361). 27. Home child day care services [SR] (8351). Construction Division. 28. Contractors office and equipment areas [SR] (UNCL). Transportation, Communication, and Utilities Division. 29. Radio and television antennas [SR] (UNCL). VOLUME LXXIV AUGUST 12, 2009 557 30. Satellite dish antennas [SR] (UNCL). 31. Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves [SR] (UNCL). Miscellaneous Uses Division. 32. Fences and walls [SR] (UNCL). 33. Street graphics [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 34. Temporary uses [SR] (UNCL). 35. 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. 36. Accessory uses [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated land uses [SR] shall be the only land uses allowed as a conditional use [SR] in this PSFR2 zoning district: Residences Division. 3. Conditional residential occupations [SR] (UNCL). Municipal Services Division. 4. 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. AUGUST 12, 2009 VOLUME LXXIV 558 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 (Standard Lot Neighborhood), the use and development of land and structures and the site design regulations shall be as provided in Chapter 19.12, Site Design, of the Elgin Municipal Code, 1976, as amended, and as provided in this Ordinance and in the Annexation Agreement. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: 6. General conformance with the Preliminary Plat booklet for Pingree Creek, prepared by Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated January 28, 2004, as amended, including the following: k. Pingree Creek (Data Table), prepared by Shaffer & Roland, Inc., dated January 11, 2007. l. Preliminary Plan for Pingree Creek, prepared by Shaffer & Roland, Inc., last revised May 4, 2007. m. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated January 12, 2004. n. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated January 27, 2004. o. Pingree Creek Subdivision Preliminary Engineering, prepared by Sheaffer & Roland, Inc., dated May 4, 2007, including Street Cross- Section Drawings for Damisch Road and Highland Avenue. p. Pingree Creek Design Principles and Applications, dated January 28, 2004. q. Homes on 80‟ x 100‟ Lots (Abbey, Brickenhall, Fieldstone, Fowler, Franklin, Franklin XL, Kendall, Remington, Thorndale, Trenton, Westchester), dated January 28, 2004. r. Homes on 60‟ x 100‟ Lots (Armstrong II, Chapman, Fabyan, Haller, Hampton, Parker, Payton, Shannon), dated January 28, 2004. s. Pingree Creek Single Family Home Landscaping, January 28, 2004. 7. Compliance with the provisions of the “Covenants, Conditions and Restrictions for Single Family Homes to be Constructed in Pingree Creek” as such document may be completed and amended as agreed to by the owner of the subject property and the Community Development Manager. 8. The elevations and façades of the proposed rear and front loading garage single family products proposed by the Developer on the 60‟x100‟ lots will be permitted to use any of the following exterior building materials: wood, stone, brick, stucco, EIFS, .024 gauge aluminum and vinyl on each wall facing a street. VOLUME LXXIV AUGUST 12, 2009 559 9. The elevations and façades of the products proposed by the Developer on the 80‟x100‟ lots shall be developed in conformance with the open space policies included in the Far West Area Plan, dated January 26, 2000, which is an amendment to the Elgin Comprehensive Plan. 10. Additional building elevations for residential structures to be constructed on the Subject Property may be authorized and approved by the city‟s Community Development Manager so long as any such additional building elevations are otherwise in compliance with the terms and provisions of this ordinance, the private covenants for the Subject Property, and the annexation agreement for the Subject Property. In the event the owner of the subject property proposes development of a phase or phases of the development which are not in general conformance with the foregoing listed site design conditions, the owner shall be required to submit a development plan to the city for review by the Planning and Development Commission and approval by the City Council. I. 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, Signs, of the Elgin Municipal Code, 1976, as amended. The development administrator may require, and may approve signs, including temporary model home and sales office signs and signs for uses associated therewith and for directions thereto, not otherwise provided by this title in support of the development. L. 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 propert y 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, 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. AUGUST 12, 2009 VOLUME LXXIV 560 Q. 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. R. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. S. 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, and the provisions of the Annexation Agreement. T. 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 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Passed: August 12, 2009 Vote: Yeas: 6 Nays: 0 Recorded: August 13, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV AUGUST 12, 2009 561 ORDINANCE G50-09 PASSED AMENDING ORDINANCE NO. G70-05 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (PINGREE CREEK SUBDIVISION-4400 DAMISCH ROAD) Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Dunne abstained. Ordinance No.G50-09 AN ORDINANCE AMENDING ORDINANCE NO. G70-05 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (Pingree Creek Subdivision- 4400 Damisch Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory as a PMFR Planned Development 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 that Ordinance G70-05 adopted by the City Council on July 27, 2005, be and is hereby amended in its entirety to read as follows: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following: The boundaries herein before laid out in the „Zoning District Map‟, as amended, be and are hereby altered by including in the PMFR Planned Multiple Family Residence District, the following described areas within the project area: Those areas on the attached Pingree Creek Zoning Map, prepared by Shaffer & Roland, Inc., dated June 8, 2007, designated as multi-family (18 units/acre). Section 2. That the City Council of the City of Elgin hereby grants the PMFR Planned Multiple Family Residential District which shall be designed, developed, and operated subject to the following provisions: AUGUST 12, 2009 VOLUME LXXIV 562 A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a planned urban residential environment for multiple family dwellings. The PMFR District is most similar to, but departs from the standard requirements of, the MFR Multiple 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. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended, and the terms, conditions and provisions of that certain Annexation Agreement dated as of February 25, 2004 between the City of Elgin and Pingree Creek, L.L.C., as amended (the “Annexation Agreement”). In the event of any conflicts or inconsistencies between the provisions of the Annexation Agreement and the provisions of this Ordinance, the provisions of the Annexation Agreement shall be controlling. D. Zoning Districts -Generally. In this PMFR zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. E. Location and Size of District. This PMFR zoning district should be located in substantial conformance to the official comprehensive plan. F. Land Use. In this PMFR zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PMFR District: Residence Division. 1. Multiple family 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). 6. Residential storage [SR] (UNCL). 7. Residential storage of trucks or buses [SR] (UNCL). Municipal Services Division. 8. Public parks, recreation, open space (UNCL) on a “zoning lot” [SR] containing less than two acres of land. VOLUME LXXIV AUGUST 12, 2009 563 Finance, Insurance, and Real Estate Division. 9. Development sales office [SR] (UNCL). Services Division. 10. Family residential care facility [SR] (8361). 11. Home child day care services [SR] (8351). 12. Residential Care Facility [SR] Construction Division. 13. Contractors office and equipment areas [SR] (UNCL). Transportation, Communication, and Utilities Division. 14. Amateur radio antennas [SR] (UNCL). 15. Commercial antennas and antenna structures mounted on existing structures [SR] (UNCL). 16. Radio and television antennas [SR] (UNCL). 17. Satellite dish antennas [SR] (UNCL). 18. Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves [SR] (UNCL). Miscellaneous Uses Division. 19. Fences and walls [SR] (UNCL). 20. Parking lots [SR] (UNCL), exclusively “accessory” [SR], subject to the provisions of Chapter 19.45, Off Street Parking. 21. Refuse collection area [SR] 22. Street graphics [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics. 23. Temporary uses [SR] (UNCL). 24. Accessory structures [SR] (UNCL) to the permitted uses allowed in this PSFR1 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 25. Accessory uses [SR] (UNCL) to the permitted uses allowed in this PSFR1 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses. In this PMFR zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PMFR zoning district: Residences Division. 1. Conditional residential occupations [SR] (UNCL). Municipal Services Division. 2. Municipal facilities [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. Conditional commercial antennas and antenna structures mounted on existing structures [SR] (UNCL). 4. Conditional commercial antenna tower [SR] (UNCL) AUGUST 12, 2009 VOLUME LXXIV 564 5. Other radio and television antennas [SR] (UNCL). 6. Other satellite dish antennas [SR] (UNCL). 7. Pipelines, except natural gas (461). 8. Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators [SR] (UNCL). Miscellaneous Uses Division. 9. Parking structures [SR] (UNCL), exclusively “accessory” [SR}. 10. Planned developments [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 11. Accessory structures [SR] (UNCL) to the conditional uses allowed in this PSFR1 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 12. Accessory uses [SR] (UNCL) to the conditional uses allowed in this PSFR1 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design - In this PMFR zoning district, the use and development of land and structures and the site design regulations shall be as provided in Chapter 19.12, Site Design, of the Elgin Municipal Code, 1976, as amended, and as provided in this Ordinance, and in the Annexation Agreement. In this PMFR zoning district, the use and development of land and structures shall also be subject to the following conditions: 11. General conformance with the Preliminary Plat booklet for Pingree Creek, prepared by Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated January 28, 2004, as amended, including the following: t. Pingree Creek (Data Table), prepared by Shaffer & Roland, Inc., dated January 11, 2007. u. Preliminary Plan for Pingree Creek, prepared by Shaffer & Roland, Inc., last revised May 4, 2007. v. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated January 12, 2004. w. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated January 27, 2004. x. Pingree Creek Subdivision Preliminary Engineering, prepared by Sheaffer & Roland, Inc., dated May 4, 2007, including Street Cross- Section Drawings for Damisch Road and Highland Avenue. y. Pingree Creek Design Principles and Applications, dated January 28, 2004. In the event the owner of the subject property proposes development of a phase or phases of the development which are not in general conformance with the foregoing listed site design conditions, the owner shall be required to submit a development plan to the city for review by the Planning and Development Commission and approval by the Cit y VOLUME LXXIV AUGUST 12, 2009 565 Council. H. Off-street Parking. In this PMFR zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-street Loading. In this PMFR zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PMFR zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. The development administrator may require, and may approve signs, including temporary model home and sales office signs and signs for uses associated therewith and for directions thereto, not otherwise provided by this title in support of the development. K. Amendments. In this PMFR zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PMFR zoning district authorize such an application. L. Planned Developments. In this PMFR zoning district, a conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. M. Conditional Uses. In this PMFR zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot o r property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PSFR1 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, the Plat Act of the State of Illinois, and the provisions of the Annexation Agreement. P. Appeals. Any requirement, determination, or interpretation associated with the AUGUST 12, 2009 VOLUME LXXIV 566 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 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Passed: August 12, 2009 Vote: Yeas: 6 Nays: 0 Recorded: August 13, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G51-09 PASSED AMENDING ORDINANCE NO. G69-05 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (PINGREE CREEEK SUBDIVISION-4400 DAMISCH ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Dunne abstained. Ordinance No. G51-09 AN ORDINANCE AMENDING ORDINANCE NO. G69-05 CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (Pingree Creek Subdivision-4400 Damisch Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory as a Planned Development District; and VOLUME LXXIV AUGUST 12, 2009 567 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 that Ordinance No. G69-05 adopted by the City Council on July 27, 2005 be and is hereby amended in its entirety to read as follows: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by addin g thereto the following: 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 areas within the project area: Those areas on the attached Pingree Creek Zoning Map prepared by Shaeffer & Roland, Inc., dated June 8, 2007, designated as pool and recreation center, school, park, greenspace, and wetland. Section 2. That the City Council of the City of Elgin hereby grants t he 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. 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 terms, conditions and provisions of that certain Annexation Agreement dated as of February 25, 2004 between the City of Elgin and Pingree Creek, L.L.C., as amended (the “Annexation Agreement”). In the event of any conflicts or AUGUST 12, 2009 VOLUME LXXIV 568 inconsistencies between the provisions of the Annexation Agreement and the provisions of this Ordinance, the provisions of the Annexation Agreement shall be controlling. 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, and the provisions of the Annexation Agreement. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. 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 the CF Community Facility District: 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. Elementary and secondary schools (821). 7. Museums, art galleries and botanical and zoological gardens (841). 8. Public Libraries (823). 9. Swimming Pools and Recreation Clubs (7997). Construction Division. 10. Contractors office and equipment areas [SR] (UNCL). Transportation, Communication and Utilities Division. 11. Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 12. Radio and television antennas" [SR] (UNCL). 13. Satellite dish antennas [SR] (UNCL). 14. Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves [SR] (UNCL). Miscellaneous Uses Division. 15. Fences and walls [SR] (UNCL). 16. Loading facilities [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. VOLUME LXXIV AUGUST 12, 2009 569 17. Parking lots [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 18. Parking structures [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 19. Refuse collection area [SR]. 20. Storage Tanks" [SR] (UNCL). 21. Street Graphics [SR] (UNCL), subject to the provisions of Chapter 19.50, Street Graphics. 22. Temporary uses [SR] (UNCL). 23. 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. 24. Accessory uses [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Services Division. 1. Arenas, sports fields, and stadiums (UNCL). 2. Child day care services (835). 3. Institutional child day care services [SR] (8351). 4. Job training and vocational rehabilitation service. 5. Social services not elsewhere classified (839). 6. Sporting and recreational camps (7032). Transportation, Communication and Utilities Division. 7. Conditional commercial antennas and antenna structures mounted on existing structures [SR] (UNCL). 8. Conditional Commercial Antenna Tower [SR] (UNCL). 9. Electric power generation (UNCL). 10. Local and suburban passenger transportation operators (411). 11. Local and suburban transit and interurban highway passenger transportation facilities for passenger boarding (417). 12. Other radio and television antennas [SR] (UNCL). 13. Other satellite dish antennas [SR] (UNCL). 14. Pipelines, except natural gas (461). 15. Refuse systems (4953). 16. Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators [SR] (UNCL). Miscellaneous Uses Division. 17. Parking lots [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 18. Parking structures [SR] (UNCL). AUGUST 12, 2009 VOLUME LXXIV 570 19. 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. 20. 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. 21. 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 and the site design regulations shall be as provided in Chapter 19.12, Site Design, of the Elgin Municipal Code, 1976, as amended, and as provided in this Ordinance, and in the Annexation Agreement. In this PCF zoning district, the use and development of land and structures shall also be subject to the following condition: 12. General conformance with the Preliminary Plat booklet for Pingree Creek, prepared by Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated January 28, 2004, as amended, including the following: z. Pingree Creek (Data Table), prepared by Shaffer & Roland, Inc., dated January 11, 2007. aa. Preliminary Plan for Pingree Creek, prepared by Shaffer & Roland, Inc., last revised May 4, 2007. bb. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated January 12, 2004. cc. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated January 27, 2004. dd. Pingree Creek Subdivision Preliminary Engineering, prepared by Sheaffer & Roland, Inc., dated May 4, 2007, including Street Cross- Section Drawings for Damisch Road and Highland Avenue. ee. Pingree Creek Design Principles and Applications, dated Januar y 28, 2004. In the event the owner of the subject property proposes development of a phase or phases of the development which are not in general conformance with the foregoing listed site design conditions, the owner shall be required to submit a development plan to the city for review by the Planning and Development Commission and approval by the City Council. H. Off-street Parking. In this PCF zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal Code, 1976, as amended. VOLUME LXXIV AUGUST 12, 2009 571 I. Off-street Loading. In this PCF zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. The development administrator may require, and may approve signs not otherwise provided by this title in support of the development. 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 District, 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. P. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois, and the provisions of the Annexation Agreement. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. AUGUST 12, 2009 VOLUME LXXIV 572 Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Passed: August 12, 2009 Vote: Yeas: 6 Nays: 0 Recorded: August 13, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-184 ADOPTED APPROVING THE AMENDED PRELIMINARY PLAT FOR PINGREE CREEK SUBDIVISION (4400 DAMISCH ROAD) Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Dunne abstained. Resolution No. 09-184 RESOLUTION APPROVING THE AMENDED PRELIMINARY PLAT FOR PINGREE CREEK SUBDIVISION (4400 Damisch Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the amended preliminary plat of subdivision prepared by Sheaffer & Roland, Inc., undated, for Pingree Creek Subdivision. 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 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 VOLUME LXXIV AUGUST 12, 2009 573 Presented: August 12, 2009 Adopted: August 12, 2009 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Steffen made a motion, seconded by Councilmember Warren, 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 Meade Electric Chicago, IL $18,092.00 Maintenance of Traffic Signals in 2008 Conservation Foundation Naperville, IL $14,606.40 Rain barrels CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass Ordinance No. G47-09 and adopt Resolution Nos. 09-173 through 09-182 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-173 ADOPTED AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH DOMANI CAFÉ 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. 09-173 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH DOMANI CAFE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a license agreement on behalf of the City of Elgin with AUGUST 12, 2009 VOLUME LXXIV 574 Domani Cafe to permit outside seating at licensee‟s premises at 109 East Highland Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Adopted: August 12, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-174 ADOPTED ACCEPTING THE 2009 COMMUNITY ORIENTED POLICING SERVICES (COPS) TECHNOLOGY GRANT 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. 09-174 RESOLUTION ACCEPTING THE 2009 COMMUNITY ORIENTED POLICING SERVICES (COPS) TECHNOLOGY GRANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS , that Sean R. Stegall, City Manager, be and is hereby authorized and directed to accept the 2009 Community Oriented Policing Services Technology Grant on behalf of the City of Elgin in the amount of $250,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Adopted: August 12, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV AUGUST 12, 2009 575 RESOLUTION 09-175 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT WITH KANE, MCKENNA AND ASSOCIATES, INC. FOR CONSULTANT SERVICES REGARDING THE BLUFF CITY QUARRY AREA PROPOSED TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA 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. 09-175 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT WITH KANE, MC KENNA AND ASSOCIATES, INC. FOR CONSULTANT SERVICES REGARDING THE BLUFF CITY QUARRY AREA PROPOSED TAX INCREMENT FINANCING REDEVELOPMENT PROJECT AREA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute Amendment No. 1 to the agreement with Kane, McKenna and Associates, Inc. on behalf of the City of Elgin, for consultant services regarding the Bluff City Quarry Area Proposed Tax Increment Financing Redevelopment Project Area, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Adopted: August 12, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-176 ADOPTED AUTHORIZING EXECUTION OF AN ACCOUNT AGREEMENT AND AN INSTITUTIONAL BROKERAGE ACCOUNT AGREEMENT WITH PMA FINANCIAL 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, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. AUGUST 12, 2009 VOLUME LXXIV 576 Resolution No. 09-176 RESOLUTION AUTHORIZING EXECUTION OF AN ACCOUNT AGREEMENT AND AN INSTITUTIONAL BROKERAGE ACCOUNT AGREEMENT WITH PMA FINANCIAL NETWORK, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an account agreement and an institutional brokerage account agreement on behalf of the City of Elgin with PMA Financial Network, Inc. for facilitation of the investment process and business conducted by PMA on the city‟s behalf, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Adopted: August 12, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-177 ADOPTED AUTHORIZING INVESTMENTS BY THE CITY TREASURER OF 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. 09-177 RESOLUTION AUTHORIZING INVESTMENTS BY THE CITY TREASURER OF THE CITY OF ELGIN WHEREAS, the City Council of the City of Elgin, Illinois deems it to be in the best interest of the City of Elgin for its Treasurer to make use, from time to time, of investments which are legal under the applicable State statutes; and WHEREAS, a list of such investments (Investment List) has been presented to this City Council; and VOLUME LXXIV AUGUST 12, 2009 577 WHEREAS, the City Council of the City of Elgin deems it to be in the best economic and administrative interest of the City of Elgin for the City of Elgin Treasurer to make use of, from time to time, PMA Financial Network, Inc. and PMA Securities, Inc. in securing such investments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 1. That the City of Elgin‟s Treasurer shall make use of investments legal under the applicable State statutes and authorized in the City of Elgin‟s Investment Policy, as amended, a copy of the City of Elgin‟s current Investment Policy being attached hereto as Exhibit A; and 2. That monies of the City of Elgin may be invested at the discretion of its City Treasurer or those acting on behalf of the City Treasurer through the intermediary (PMA Securities, Inc. and PMA Financial Network, Inc.); and 3. That the City Treasurer may acquire guarantees for prompt return of invested and deposited monies; and 4. That attached to this resolution and placed in the minutes of this meeting are the “Institutional Brokerage Account Agreement(s)” and the “Institutional Account Application(s)” as issued by PMA Securities, Inc. and PMA Financial Network, Inc.; and 5. That the City of Elgin may open a depository account and enter into wire transfer agreements, third party surety agreements, safekeeping agreements, collateral agreements and lockbox agreements with Harris N.A. and other institutions participating in PMA Programs for the purpose of transaction clearing and safekeeping or the purchase of insured certificates of deposit through PMA‟s Insured CD Program, and PMA Financial Network, Inc. and/or PMA Securities, Inc. are authorized to act on behalf of the City of Elgin as its agent with respect to such accounts and agreements; and 6. That the City Treasurer or those acting on behalf of the City Treasurer may execute documents, financial planning contracts, financial advisory contracts and other applicable agreements as necessary, with PMA Financial Network, Inc., PMA Securities, Inc. The following individuals, or their successors, currently holding the office or position are designated as “Authorized Officials” with full power and authority to effectuate the investment and withdrawal of monies, contracts and agreements on behalf of the City of Elgin: Name: James R. Nowicki Signature s/ James R. Nowicki Name: Colleen Lavery Signature s/ Colleen Lavery It is hereby certified that the City Council of the City of Elgin, Illinois, the Treasurer of which is James R. Nowicki, adopted this Resolution at a duly convened meeting of the City Council of the City of Elgin held on the 12th day of August, 2009, and that such Resolution is in full force and AUGUST 12, 2009 VOLUME LXXIV 578 effect on this date, and that such Resolution has not been modified, amended, or rescinded since its adoption. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Adopted: August 12, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-178 ADOPTED AUTHORIZING EXECUTION OF A TERMINATION AGREEMENT WITH LAND VISION, INC. 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. 09-178 RESOLUTION AUTHORIZING EXECUTION OF A TERMINATION AGREEMENT WITH LAND VISION, INC. 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 on behalf of the City of Elgin with Land Vision, Inc., regarding completion of the National Street Station Area Plan, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Adopted: August 12, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV AUGUST 12, 2009 579 RESOLUTION 09-179 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAND VISION, INC. FOR PREPARATION OF THE NATIONAL STREET STATION AREA PLAN 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. 09-179 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAND VISION, INC. FOR PREPARATION OF THE NATIONAL STREET STATION AREA PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, 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 Land Vision, Inc. for preparation of the National Street Station Area Plan, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Adopted: August 12, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-180 ADOPTED RATIFYING THE EXECUTION OF A FIFTH AMENDMENT AGREEMENT TO THE DEVELOPMENT AGREEMENT WITH WATER STREET PLACE, LLC REGARDING THE DEVELOPMENT OF 200 N. GROVE AVENUE 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. AUGUST 12, 2009 VOLUME LXXIV 580 Resolution No. 09-180 RESOLUTION RATIFYING THE EXECUTION OF A FIFTH AMENDMENT AGREEMENT TO THE DEVELOPMENT AGREEMENT WITH WATER STREET PLACE, LLC REGARDING THE DEVELOPMENT OF 200 N. GROVE AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Fifth Amendment Agreement to the Development Agreement with Water Street Place, LLC by Ed Schock, Mayor, and Diane Robertson, City Clerk, regarding the development of 200 N. Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Adopted: August 12, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-181 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE RESERVE PHASE 1 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. Resolution No. 09-181 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN THE RESERVE PHASE 1 SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the underground/surface improvements, which include public streets, bike paths, sidewalks, sanitary sewers, public storm sewers, water main, fire hydrants, street lights, signage, pavement markings, street trees and VOLUME LXXIV AUGUST 12, 2009 581 concrete bridge over Otter Creek within the public right of way in th e Reserve Phase 1 Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Adopted: August 12, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-182 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH TENNIS SURFACES RESURFACING AT ST. FRANCIS PARK 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. 09-182 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH TENNIS SURFACES COMPANY FOR TENNIS COURT RESURFACING AT ST. FRANCIS PARK WHEREAS, the City of Elgin has heretofore entered into a contract with Tennis Surfaces Company for tennis court resurfacing at St. Francis Park; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R, Stegall, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor AUGUST 12, 2009 VOLUME LXXIV 582 Presented: August 12, 2009 Adopted: August 12, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G47-09 PASSED AMENDING CHAPTER 9.17 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “GRAFFITI” 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. G47-09 AN ORDINANCE AMENDING CHAPTER 9.17 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “GRAFFITI” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 9.17 of the Elgin Municipal Code, 1976, as amended, entitled “Graffiti,” be and is hereby amended to read as follows: Chapter 9.17 GRAFFITI Section: 9.17.010 Definitions 9.17.020 Prohibited Acts 9.17.030 Accessibility to Graffiti Implements or Paraphernalia 9.17.040 Parental Responsibility 9.17.050 Nuisance Declaration; Prohibition 9.17.060 Removal of Graffiti by Perpetrator 9.17.070 Removal of Graffiti by Property Owner or the City 9.17.080 Lien 9.17.080 Release of Lien 9.17.100 Voluntary Graffiti Abatement Program 9.17.110 Ease of Removal 9.17.120 Graffiti Prevention 9.17.130 Enforcement VOLUME LXXIV AUGUST 12, 2009 583 9.17.140 Penalty. 9.17.010: DEFINITIONS: “Aerosol Paint Container” shall mean any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property. “Broad-tipped marker” shall mean any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one-fourth of an inch (1/4”), containing ink or other pigmented liquid that is non-water soluble, and which does not constitute a “permanent broad-tipped marker” under this section. “Etching equipment” shall mean any tool, device, or substance that can be used to make permanent marks on any natural or man-made surface including, but not limited to, a masonry or glass drill bit, carbide drill bit, glass cutter, grinding stone, awl, carbide scribe, acid etching solutions, or other etching tool or device capable of scarring any surface. “Graffiti” shall mean any writing, printing, marks, signs, symbols, figures, designs, inscriptions or other drawings which are marked, scratched, etched, scrawled, painted, drawn or otherwise placed on any exterior surface of a building, wall, fence, sidewalk, curb or other permanent structure on public or private property and which have the effect of defacing the property. “Graffiti implement or paraphernalia” shall mean any aerosol paint container, broad-tipped marker, permanent broad-tipped marker, gum label, paint stick or graffiti stick, etching equipment, or any other device capable of scarring or leaving a visible mark on any natural or man-made surface, or any paper, design, scrapbook or drawings illustrating graffiti marks or signs. “Gum label” shall mean any sheet of paper, fabric, plastic or other subst ance with an adhesive backing, including any type of sticker, which, when placed upon a surface, is not easily removed. “Legal guardian” shall mean any person appointed as a guardian or given custody of a minor by a Circuit Court of this State or similar court in any other state, but does not include a person appointed as a guardian or given custody of a minor under the Illinois Juvenile Court Act. “Minor” shall mean any natural person who has not yet attained eighteen (18) years of age. “Paint stick or graffiti stick” shall mean any device containing a solid, non-water soluble form of paint, chalk, wax, epoxy, or other similar non-water soluble substance capable of being applied to a surface by pressure and leaving a mark of at least one eighth of an inch (1/8”) in width. “Parent” shall mean the lawful father or mother of an unemancipated minor, whether by birth or adoption. AUGUST 12, 2009 VOLUME LXXIV 584 “Permanent broad-tipped marker” shall mean any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is one-fourth of an inch (1/4”) or greater, containing ink or other pigmented liquid that is non-water soluble, and which is labeled, advertised, marketed or identified as being permanent in nature or otherwise as being diffi cult to remove. “Person” shall mean any individual, firm, partnership, association, corporation, company, organization, receiver, trustee, or any other legal entity of any kind, the State of Illinois, or any governmental unit. “Property” shall mean any real estate, including any improvements thereon, and any tangible personalty. “Retail commercial establishment” shall mean any business enterprise, including any partnership, association, corporation, company, organization, or other legal entity, which offers for sale or trade aerosol paint containers, broad-tipped markers, gum labels, paint sticks or graffiti sticks, etching equipment, or any other graffiti implements or paraphernalia. 9.17.020: PROHIBITED ACTS: A. Defacement. It shall be unlawful for any person to write, paint, spray, chalk, etch or otherwise apply graffiti on, or to deface, damage, disfigure, destroy or mar, any public or privately owned buildings, signs, walls, permanent structures, places, or other surfaces located on any public or privately owned property within the City. 1. Exception: The provisions of this Section shall not apply to federal, state or local government officials and employees, or to authorized public or private utility officials and employees, with respect to the posting or labeling of tags, notices, or other markings on buildings or other property while in the course of their employment or in the performance of their official duties. 2. Affirmative Defense: It shall be an affirmative defense to an alleged violation of this subsection if such activity was undertaken with the prior written consent of the owner of the property demonstrating that the owner was aware of the content and method of the marking or inscription to be placed thereon; provided, however, that no owner of property shall place or give permission to place on any property, real or personal, that is in the public view, any sign, symbol, marking, name, initial, work, diagram, sketch, picture or letter that incites violence by reference to gang or criminal activity, depicts or expresses obscenity by referring to sexual activity, or contains defamatory material about a public or private person. B. Possession of Graffiti Implements or Paraphernalia. VOLUME LXXIV AUGUST 12, 2009 585 1. It shall be unlawful for any person to have in his or her possession any graffiti implement or paraphernalia while in, upon or immediately adjacent to any public property, or while in or upon private property without the consent of the owner, with the intent to paint, spray, chalk, etch or otherwise apply graffiti on, or to deface, damage, disfigure, destroy, or mar, any public or privately owned buildings, signs, walls, permanent structures, places or other surfaces located on any public or privately owned property within the City in a manner prohibited by this Chapter. 2. It shall be unlawful for any minor to have in his or her possession any graffiti implement or paraphernalia while in, upon or immediately adjacent to any public property, or while in or upon any private property without the consent of the owner, whether the minor is or is not in a vehicle. Exceptions: a. A minor who is accompanied by his or her legal guardian or under the immediate supervision of an adult teacher. b. A minor who is attending and actively enrolled in a class which requires use of such implements, for which written permission from the school is in his or her possession. 9.17.030: ACCESSIBILITY TO GRAFITTI IMPLEMENTS OR PARAPHERNALIA: A. Furnishing to Minors Prohibited. 1. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implements or paraphernalia to any minor without the written consent of the parent or legal guardian of such minor. 2. It shall be unlawful for any retail commercial establishment to sell any graffiti implements or paraphernalia to any minor. B. Signage Required. Every person who owns, conducts, operates or manages a retail commercial establishment that offers for sale or trade graffiti implements or paraphernalia shall: 1. Place a sign in clear public view at or near the display of such products or materials stating as follows: “Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by a fine of not less than One Thousand Dollars ($1,000.00).” 2. Place a sign in direct view of such persons responsible for accepting customer payment for graffiti implements or paraphernalia stating as follows: “Selling spray paint, paint sticks, broad-tipped markers, or other graffiti implements or AUGUST 12, 2009 VOLUME LXXIV 586 paraphernalia to persons under eighteen (18) years of age is against the law and punishable by a fine of not less than One Thousand Dollars ($1,000.00).” C. Identification. Every retail commercial establishment that offers for sale or trade graffiti implements or paraphernalia shall require a photographic form of identification to be produced by each person purchasing any graffiti implement or paraphernalia establishing that such person is eighteen (18) years or older. 9.17.040: PARENTAL RESPONSIBILITY: A. It shall be unlawful for any person eighteen (18) years or older, including a parent or legal guardian, to willfully, knowingly or recklessly permit, cause or aid any minor to violate any provisions of this Chapter. B. It shall be unlawful for any parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian to neglect to restrain such minor from committing any act prohibited by this Chapter. A minor shall be deemed to have committed any of the offenses enumerated in this Chapter with the knowledge, consent, acquiescence, and permission of such minor‟s parent or legal guardian. The parent or legal guardian of an unemancipated minor who resides with such parent or legal guardian shall be liable for any acts of graffiti or any other violations of this Chapter committed by said minor, and such parent or legal guardian shall be jointly and severally liable with the minor for the payment of all fines, or any requirement of restitution or reparation, that may be imposed by a court upon the minor defendant for a violation of this Chapter. C. Parental responsibility under this Section shall apply where a parent or legal guardian has received written notice of a violation of this Chapter, either by certified or registered mail, return receipt requested, or by personal service of summons or notice to appear. In any action brought pursuant to the provisions of this Chapter against an unemancipated minor, the parent or legal guardian shall be made a party defendant. 9.17.050: NUISANCE DECLARATION; PROHIBITION: Graffiti is declared to be a public nuisance. It is declared to be illegal for the owners, occupants, or any other persons otherwise in control of any real property in the City to permit upon, allow to remain, or otherwise fail to remove graffiti from any buildings, signs, walls, permanent structures, places, or other surfaces located upon such real property, and each day on which graffiti is found to exist on the property shall constitute a separate violation. 9.17.060: PAYMENT FOR REMOVAL OF GRAFFITI AND RESTITUTION BY PERPETRATOR: Any person applying graffiti on any public or private property in violation of this Chapter shall have the duty to pay for the removal of such graffiti. In addition, any violator of this Chapter shall make restitution to the owner of the property involved for any damages or loss caused directly or indirectly by the violator‟s offense. The failure of any person to pay for the removal VOLUME LXXIV AUGUST 12, 2009 587 of graffiti, or to make restitution to the owner of the property involved, shall constitute an additional violation of this Chapter. Where graffiti is applied by an unemancipated minor, the parents or legal guardian of said minor shall also be responsible for the payment for such removal, and for the payment of restitution. 9.17.070: REMOVAL OF GRAFFITI BY PROPERTY OWNER OR THE CITY: If graffiti is not removed pursuant to Section 9.17.100, graffiti shall be removed pursuant to the following provisions: If the owner of any real property permits upon, allows to remain, or otherwise fails to remove graffiti, the City shall be entitled to enter onto any such real property and remove such graffiti upon ten (10) days‟ written notice, sent by certified mail, return receipt requested, in addition to the imposition of any other applicable rights and penalties. Such notice shall advise the property owner that unless the subject graffiti nuisance is abated or unless the property owner objects to the entry onto the subject property in writing to the Director of Code Administration and Preservation on or before a date certain, which date shall not be less than ten (10) days from the date of mailing, the City shall enter onto the subject property and abate the nuisance as provided herein. In the event of a timely written objection as provided herein, the City shall file an action in the Circuit Court complaining of a violation of the provisions of this Chapter, and requesting an order authorizing entry onto the subject property to remove the graffiti and for such other relief as may be provided by law. If no written objection is timely filed, the City, or such person authorized to remove the graffiti on behalf of the City, shall be entitled to enter onto the subject property and abate the nuisance by causing the removal of any graffiti located thereon. The City or its authorized agent shall not be liable for any claims for damages result ing from working on or otherwise removing graffiti from an owner‟s property pursuant to this Section. 9.17.080: LIEN: Except as provided in Section 9.17.100 of this Chapter, if graffiti is removed by the City or by someone directed to remove the graffiti on behalf of the City, a notice of lien of the cost and expense thereof incurred by the City shall be recorded in the following manner: The City or the person performing the service by authority of the City, in its or his own name, may file a notice of lien in the office of the recorder of deeds in the county in which said real estate is located. The notice of lien shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable for the service, and the date or dates when said cost and expense was incurred by the City, and shall be filed within sixty (60) days after th e cost and expense is incurred. For the purpose of this Chapter, cost and expense shall be a sum equal to the actual cost of graffiti removal, plus an additional administrative fee equal to the actual cost of graffiti removal but not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00), to cover general overhead, inspection expenses, location of and notice to owner, and i ncidental and related actions. AUGUST 12, 2009 VOLUME LXXIV 588 Upon filing of a notice of lien as provided herein, the City shall have a lien upon the land described therein and upon which the graffiti removal or other service have been made to secure cost and expenses thereof and nine percent (9%) interest per year on the amount, which interest shall begin accruing sixty (60) days after the cost is incurred. Such lien shall be in addition to and shall not constitute a waiver of any additional penalties, including, but not limited to, fines, as may be available by law. 9.17.090: RELEASE OF LIEN: After a notice of lien has been filed, a release of lien shall be issued upon payment of the cost, expenses and interest as provided herein. The party seeking the release shall be responsible for filing same in the office of the recorder of deeds for the appropriate county. 9.17.100: VOLUNTARY GRAFFITI ABATEMENT PROGRAM: The owner of any real estate may enter into the voluntary graffiti abatement program. To enter into said program, the owner of real estate shall execute a written agreement with the City which authorizes the City to enter onto a subject property at any time graffiti appears thereon. Such agreement will also provide that the owner agrees to release and hold harmless the City and the City‟s agent or contractor from any claims for damages resulting from working or otherwise removing graffiti on a property. Graffiti removal done pursuant to the voluntary graffiti abatement program shall be done free of charge to the owner of the real estate. 9.17.110: EASE OF REMOVAL: A. Common Utility Colors And Paint Type. Any gas, electric, telephone, water, sewer, cable, telephone and other utility operating in the City shall paint its above-surface metal fixtures with a uniform paint type and color that meets with the approval of the Director of the Department of Code Administration. B. Conditions on Encroachment Permits. All encroachment permits or licenses issued by the City shall, among such other things, be conditioned on the following: 1. The permittee‟s application of an anti-graffiti material to the encroaching object of a type and nature that is acceptable to the Director of the Department of Code Administration, or the Director‟s designee; 2. The permittee‟s immediate removal of any graffiti; 3. The City‟s right to remove graffiti or to paint the encroaching object; and, VOLUME LXXIV AUGUST 12, 2009 589 4. The permittee‟s providing the City with sufficient matching paint and/or anti- graffiti material on demand for use in the painting of the encroaching object containing graffiti. C. Conditions on Land Use Development. In approving any subdivisions of property, zoning map amendments, conditional use permits, variations, or other similar land use entitlements, the City shall consider imposing any or all of the following conditions, or other similar or related conditions, as a condition for approval of the subdivision, zoning map amendment, special use permit, variance or other similar land use entitlement: 1. Use Of Anti-graffiti Material. Developer shall apply an anti-graffiti material of a type and nature that is acceptable to the Director of the Department of Code Administration, or the Director‟s designee, to the publicly viewable surfaces on the improvements to be constructed at the site deemed by the City Manager, or designee, to be likely to attract graffiti; 2. Right Of Access To Remove Graffiti. Developer shall grant to the City the right of entry over and access to any such parcels, upon forty-eight (48) hours posting of notice by authorized City employees or agents, for the purpose of removing or painting over graffiti; 3. Supply City With Graffiti Removal Material. Developer shall, for a period of two (2) years after final approval of any applicable land use relief, provide the City with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of graffiti; and/or, 4. Owner To Immediately Remove Graffiti. Developer shall, either as part of the general conditions, covenants and restrictions, or separate covenants recorded against individual lots, prior to resale of any of the parcels, covenant in a form satisfactory to the City that any subsequent owner of such lots shall immediately remove any graffiti placed thereon. 9.17.120: GRAFFITI PREVENTION: Design Of Potential Graffiti-Attracting Surfaces. Any applicant for design review or subdivision approval, variations, conditional use permits, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the Director of the Department of Code Administration, or the Director‟s designee, design any building structures visible from any public or quasi-public place in such a manner so as to consider prevention of graffiti, including, but not limited to, the following: A. Use of a protective coating to provide for the effective and expeditious removal of graffiti; B. Use of additional lighting; AUGUST 12, 2009 VOLUME LXXIV 590 C. Use of nonsolid fencing; D. Use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; and/or, E. Use of architectural design to break up long, continuous walls or solid areas. 9.17.130: ENFORCEMENT: It shall be the duty of the Director of the Department of Code Administration and Preservation to enforce the provisions of this Chapter and to administer the preparation and filing of all notice s and demands provided herein. 9.17.140: PENALTY FOR VIOLATION: Any person, firm or corporation violating any of the provisions of this Chapter shall be punished by a fine of not less than one thousand dollars ($1,000.00) for each offense. Any such fine shall be in addition to the obligation to pay the costs of graffiti removal and administrative costs as provided in this Chapter, and to make restitution to any private property owner or to the City for damages or loss caused by, or costs incurred as a result of, the violator‟s offense. In the case of a minor, the parents or legal guardian shall be jointly and severally liable with the minor for the payment of all fines, the payment of all costs of graffiti removal and administrative costs, and any costs for restitution as provided in this Chapter. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Passed: August 12, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 13, 2009 Published: August 14, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV AUGUST 12, 2009 591 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. Councilmember Kaptain asked if the other councilmembers have any questions or comments regarding the quarterly reports issued by the committee working on the Sustainable City Master Plan that they be directed to either Councilmember Steffen or Councilmember Kaptain. Councilmember Warren commended the group for their work on this project. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Emergency Telephone System Board Minutes – June, 2009 Fire Pension Fund Minutes – January, 2009 through June, 2009 Foreign Fire Insurance Tax Board Minutes – April, 2009 Heritage Commission/Design Review Subcommittee Minutes – July, 2009 Parks and Recreation Advisory Board Minutes – June, 2009 Police Pension Fund Board – April, 2009 Sustainable City Master Plan Quarterly Reports – August, 2009 Hotel/Motel Tax Report – June, 2009 Sales Tax Report – July, 2009 Telecommunication Tax Report – July, 2009 Committee of the Whole Minutes – July 8, 2009 City Council Minutes – July 8, 2009 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adjourn and go into the Executive Session for the purpose of discussing the following matters: Appointment, Employment, Compensation, Discipline, Performance or Dismissal of Specific Employees of the Public Body - Exempt Under Section 120/2(c)(1) of the Open Meetings Act Purchase or Lease of Real Property for the Use of the Public Body - Exempt Under Section 120/2(c)(5) of the Open Meetings Act AUGUST 12, 2009 VOLUME LXXIV 592 Selection of a Person to Fill a Vacant Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c) (3) of the Open Meetings Act Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The meeting adjourned at 8:05 p.m. s/ Diane Robertson August 26, 2009 Diane Robertson, City Clerk Date Approved