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HomeMy WebLinkAboutx - December 16, 2009 CC796 DECEMBER 16, 2009 VOLUME LXXIV COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on December 16, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. A moment of silence was observed to recognize the upcoming holiday season, our men and women serving in the military, and those less fortunate. The Pledge of Allegiance was led by City Manager Stegall. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE DECEMBER 2, 2009, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Warren made a motion, seconded by Councilmember Steffen, to approve the December 2, 2009, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Mike Sheehan, commander of the local VFW, presented a certificate of recognition to Fire Fighter Kevin Hartman for his efforts in rescuing an infant during a fire on November 19, 2009. Milt Evans of the Outside Exhibition Group, presented the Nottolini Cup to Mayor Schock and the City Council. This traveling cup will be displayed at City Hall until Rib Fest is reinstated and a new winner is recognized. Karin Jones, Downtown Neighborhood Association, thanked everyone who was involved with the Winter Wonderland event and announced the winners of the window decorating contest. Mayor Schock thanked DNA for their on-going efforts to revitalize the downtown area. VOLUME LXXIV DECEMBER 16, 2009 797 BID 09-068 AWARDED TO JETCO, LTD. FOR THE REPAIR AND REPAINTING OF THE RIVERSIDE WATER TREATMENT PLANT, TREATMENT TRAIN 1 PRIMARY BASINS Councilmember Steffen made a motion, seconded by Councilmember Warren, to approve an agreement with Jetco, Ltd. in the amount of $144,880 for the repair and repainting of the Riverside Water Treatment Plant, Treatment Train 1 primary basins. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 09-072 AWARDED TO CORRPRO COMPANIES, INC. FOR THE PURCHASE AND INSTALLATION OF A CATHODIC PROTECTION SYSTEM FOR TREATMENT TRAIN 2 OF THE RIVERSIDE WATER TREATMENT PLANT Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve an agreement with Corrpro Companies, Inc. in the amount of $56,800 for the purchase and installation of a Cathodic Protection System for Treatment Train 2 of the Riverside Water Treatment Plant. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PUBLIC HEARING FOR THE 2010 PROPOSED CITY OF ELGIN BUDGET Mayor Schock declared the public hearing open. City Manager Stegall announced that the proposed 2010 budget is $227,162,140 which is 5.67% decrease from the previous year. He noted that the City has put in place several initiatives to improve the health of the General Fund such as: All departments were asked to identify a five percent cost savings. Implemented Phase II of the Reduction in Force. The addition of the Administrative Adjudication funding of $1.5 million has reduced the Motor Fuel Transfer to the General Fund. The transfer from the General Fund to Recreation Fund has been decreased 23.56 percent from the 2009 Budget. Proposed $500,000 in new revenue from the business license program to fund economic development. The payment for Other Post Employment Benefits (OPEB) has been decreased from the $1.5 million to $250,000 for 2010. Implemented the use of federal stimulus funding received from the Neighborhood Stabilization Program (NSP) and the Energy Efficient Community Block Grants (EECBG) to cover administrative costs associated with running the programs. Budgeted federal stimulus funding for capital projects such as Riverside Drive and the Big Timber LAPP project. DECEMBER 16, 2009 VOLUME LXXIV 798 Following the Proposed Budget presentations and based on input provided by the City Council, Mr. Stegall said the following adjustments had been made to the Proposed Budget: Water and Sewer rate increases were decreased from 9 percent to 7 percent for 2010 The projected revenue from property tax was increased based on the information provided by Kane County regarding the equalized assessed valuation decreasing to -1% Projected savings of $462,210 from the Auto Mall project in the Riverboat Fund have been reallocated to provide additional funding for existing projects 1. Sustainable Community Initiatives increased to $150,000 2. Property Acquisition was increased $311,500 3. PACE Ride in Kane was fully funded per the service agreement in the amount of $23,110. 4. $100,000 was allocated for the Multi-Family Deconversion Program Increased the levy for the Special Service Area 2 (Spring Street Parking Deck) $40,000 to cover repairs David Bear, Chairman of the Elgin Area Chamber of Commerce, spoke in favor of the proposed business license stating that it would support economic development in the city. He noted that this new license proposal has been a joint effort of the City, the Chamber, and the Downtown Neighborhood Association. He then read a resolution of support that had been passed unanimously by the Elgin Area Chamber of Commerce board. In summary, Mr. Stegall said that, overall, the City is in excellent financial condition. Its reserves are strong, its debt obligations are relatively low, and the Riverboat continues to provide the resources needed to keep the community vibrant. The continuing realignment of the organization and the difficult decisions associated with implementing those structural changes demonstrate the City‟s resolve to take immediate, albeit difficult, action to preserve the City‟s financial integrity. He stated that he was confident that the 2010 Budget and 2010-2014 Financial Plan provided the vision and resources necessary to realize the vision of the future. Mayor Schock declared the public hearing closed. ORDINANCE T46-09 PASSED ADOPTING THE 2010 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV DECEMBER 16, 2009 799 Ordinance No. T46-09 AN ORDINANCE ADOPTING THE 2010 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Elgin has provided for the preparation and adoption of an annual budget in lieu of passage of an appropriation ordinance for the fiscal year 2010; and WHEREAS, a tentative annual budget has been prepared, notice given and a tentative annual budget made available for inspection for at least seven days; and WHEREAS, the City Council of the City of Elgin, Illinois, has examined said annual budget and has heard all persons appearing and desiring to be heard concerning said annual budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the tentative annual budget heretofore prepared by the budget officer and placed on file as required by statutes of the State of Illinois is hereby adopted in lieu of the passage of an appropriation ordinance for the fiscal year 2010 and is attached hereto. Section 2. That the budget officer is hereby authorized and directed to cause to be prepared and published the 2010 annual budget. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2010. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Passed: December 16, 2009 Vote: Yeas: 7 Nays: 0 Recorded: December 17, 2009 Published: December 18, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 16, 2009 VOLUME LXXIV 800 ORDINANCE T47-09 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 2009 AND ENDING DECEMBER 31, 2009, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. T47-09 ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS WHEREAS, the City Council of the City of Elgin in the counties of Kane and Cook, in the State of Illinois, did on the 16th of December, 2009 after notice of publication and public hearing adopt a budget in lieu of an annual appropriation ordinance for said City for the fiscal year beginning January 1, 2010, the amount of which is ascertained to be the aggregate sum of $277,162,140. WHEREAS, the Constitution of the State of Illinois, 1970, grants the City of Elgin as a Home Rule Unit the power to “... exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection for the public health, safety, morals and welfare; to license; to tax; and to incur debt.” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF ELGIN, ILLINOIS: Section 1. That there be and there is hereby levied upon all taxable property within the corporate limits of said City, subject to taxation for the year 2009, the total sum of $49,118,550 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current fiscal year and in the specific amounts levied for the various purposes heretofore named being included herein by being placed in a separate column under the heading “To Be Raised By Taxation” which appears over the same, the tax so levied for the current fiscal year of said City for the certain appropriations specified herein to be collected from said tax levy, the total of which has been ascertained as aforesaid and being summarized as follows: VOLUME LXXIV DECEMBER 16, 2009 801 GENERAL CORPORATE PURPOSES In Accordance with Provisions of the 1970 Constitution of Illinois, Article 7 Amount Appropriated Estimated Receipts From Other Sources To Be Raised By Taxation 01 Mayor & City Council 228,600 228,600 02 City Clerk 233,890 233,890 03 Office of the City Manager 1,408,840 1,408,840 05 Legal 749,800 749,800 06 Human Resources 768,150 768,150 15 Planning & Neighborhood Services 721,240 721,240 16 Code Administration & Development Services 3,177,180 3,177,180 17 Business Services - Economic Development 721,220 721,220 19 Boards & Commissions 298,170 298,170 20 Finance 1,918,900 1,918,900 21 MIS 825,520 825,520 22 Purchasing & Risk Management 483,170 483,170 23 Police Department 30,933,280 9,018,096 21,915,184 24 Civil Defense - Emergency Operations 33,250 33,250 28 Fire Department 19,546,560 5,699,368 13,847,192 33 Public Works 16,392,630 16,392,630 37 Building Maintenance 1,719,530 1,719,530 69 Non-Departmental 7,070,530 7,070,530 TOTAL – GENERAL CORPORATE PURPOSES $87,230,460 $51,468,084 $35,762,376 Add: 1% for Loss of Collection 357,624 TOTAL AMOUNT TO BE RAISED BY TAXATION - GENERAL CORPORATE PURPOSE $36,120,000 SPECIAL CORPORATE PURPOSES 201 Public Benefit Fund $4,730 $4,730 $0 Add: 1% for Loss of Collection 0 TOTAL AMOUNT TO BE RAISED BY TAXATION - PUBLIC BENEFIT $0 220 Emergency Telephone System (E911) $2,116,530 $2,116,530 230 Community Dev. Grant 4,553,240 4,553,240 240 Spring St Parking Dist. 133,960 133,960 250 Drug Asset Forfeiture Fund 424,490 424,490 261 Dundee Special Tax Allocation Fund 400,270 400,270 262 Central Area Tax Allocation Fund 7,926,640 7,926,640 263 U.S. Rte. 20 Tax Allocation Fund 220,400 220,400 275 Elgin Riverboat Fund 28,963,590 28,963,590 276 Elgin Riverboat Lease 4,765,800 4,765,800 280 Illinois Municipal Retirement Fund 12,050,810 7,347,840 $4,702,970 Add: 1% for Loss of Collection 47,030 DECEMBER 16, 2009 VOLUME LXXIV 802 TOTAL AMOUNT TO BE RAISED BY TAXATION – IMRF $4,750,000 290 Motor Fuel Tax Fund 2,750,000 2,750,000 294 Cemetery Operating 382,790 382,790 296 Elgin Recreation 8,967,520 8,967,520 301 Corporate Bond Fund 13,305,220 10,781,903 $2,523,317 Add: 1% for Loss of Collection 25,233 TOTAL AMOUNT TO BE RAISED BY TAXATION – CORPORATE BOND FUND $2,548,550 Capital Improvement Funds 340 Park Development Fund 788,700 788,700 378 Tyler Creek 925,000 925,000 396 1996 GO Bond Project Fund 33,600 33,600 380 2000 GO Bond Project Fund 357,400 357,400 381 2001 GO Bond Project Fund 153,450 153,450 382 2002 GO Bond Project Fund 26,600 26,600 383 2003 GO Bond Project Fund 305,280 305,280 384 2004 GO Bond Project Fund 822,500 822,500 365 2005 GO Bond Project Fund 2,014,900 2,014,900 366 2006 GO Bond Project Fund 3,578,100 3,578,100 367 2007 GO Bond Project Fund 2,845,000 2,845,000 368 2008 GO Bond Project Fund 5,280,000 5,280,000 385 Capital Improvement Fund 15,116,890 15,116,890 Enterprise Funds 401 Water Operating Fund 22,428,580 22,428,580 420 Water Development Fund 3,019,140 3,019,140 430 Sewer Operating Fund 4,751,340 4,751,340 440 Sewer Development Fund 9,741,590 9,741,590 540 Golf Operating Fund 3,188,230 3,188,230 Internal Service Funds 601 Equipment Replacement 3,376,230 3,376,230 630 Risk Management Fund 5,595,920 5,595,920 635 Medical Insurance 7,555,840 7,555,840 Trust and Agency Funds 520 Cemetery Perpetual Care Fund 20,000 20,000 636 Retiree Medical Insurance 1,327,500 1,327,500 701 Police Pension Fund 5,173,800 2,302,513 $2,871,287 Add: 1% for Loss of Collections 28,713 TOTAL AMOUNT TO BE RAISED BY TAXATION - POLICE PENSION $2,900,000 711 Fire Pension Fund 4,540,100 1,767,823 $2,772,277 Add: 1% for Loss of Collections 27,723 TOTAL AMOUNT TO BE RAISED BY TAXATION - FIRE PENSION $2,800,000 VOLUME LXXIV DECEMBER 16, 2009 803 TOTAL SPECIAL CORPORATE PURPOSES $189,931,680 $177,061,829 $12,869,851 Add: 1% for Loss of Collections 128,699 TOTAL AMOUNT TO BE RAISED BY TAXATION FOR SPECIAL CORPORATE PURPOSES $12,998,550 GRAND TOTAL – APPROPRIATION ALL PURPOSES $277,162,140 TOTAL RECEIPTS FROM SOURCES OTHER THAN TAXATION $228,529,913 TOTAL TO BE RAISED BY TAXATION $48,632,227 Add: 1% for Loss of Collections 486,323 TOTAL AMOUNT TO BE RAISED BY TAXATION $49,118,550 The total amount of $49,118,550 levied by this ordinance for all funds. Section 2. This ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Section 3. That the City Clerk be and is hereby directed to file with the County Clerk of Kane County and the County Clerk of Cook County a certified copy of this ordinance. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Passed: December 16, 2009 Vote: Yeas: 7 Nays: 0 Recorded: December 17, 2009 Published: December 18, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 16, 2009 VOLUME LXXIV 804 ORDINANCE T48-09 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. T48-09 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Findings: That the City of Elgin Special Service Area Number Two has been created by an ordinance entitled “An Ordinance Establishing Special Service Area Number Two in the City of Elgin” passed and effective on September 7, 1977; that the corporate authorities of the City of Elgin, acting as the governing board of the City of Elgin Special Service Area Number Two are authorized to levy taxes for special services in said special service area. Section 2. That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Two, subject to taxation for the year 2009, the sum total of $124,500 for the following purposes. Estimated Receipts From Sources To Be 2010 Other Than Raised By Appropriation Taxation Taxation Debt Services – for operations and maintenance of parking facility $133,960 $10,693 $123,267 Total appropriation $133,960 Total revenues from sources other than Taxation $10,693 Amount to be raised by taxation $123,267 Add: 1% for loss of collection 1,233 Total amount to be raised by taxation for Special Service Area Number Two purposes $124,500 VOLUME LXXIV DECEMBER 16, 2009 805 Section 3. The tax levied herein is pursuant to the provision of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to 35 ILCS 200/27-5 et. seq., as amended, and to an ordinance establishing City of Elgin Special Service Area Number Two. Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois the sum aforesaid, which total amount City of Elgin Special Service Area Number Two requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby ordered and directed to file with the County Clerk of the County of Kane on or before the time required by the law a certified copy of this ordinance. Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Passed: December 16, 2009 Vote: Yeas: 7 Nays: 0 Recorded: December 17, 2009 Published: December 18, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T49-09 PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER NINETEEN Councilmember Kaptain 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. DECEMBER 16, 2009 VOLUME LXXIV 806 Ordinance No. T49-09 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER NINETEEN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Findings: That the City of Elgin Special Service Area Number Nineteen has been created by an ordinance entitled “An Ordinance Establishing Special Service Area Number Nineteen in the City of Elgin” passed and effective on October 8, 2008; that the corporate authorities of the City of Elgin, acting as the governing board of the City of Elgin Special Service Area Number Nineteen are authorized to levy taxes for special services in said special service area. Section 2. That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Nineteen, subject to taxation for the year 2009, the sum total of $64,383 for the following purposes. Estimated Receipts From Sources To Be 2010 Other Than Raised By Appropriation Taxation Taxation Debt Services – for payment of $64,383 $0 $63,746 interest Total appropriation $64,383 Total revenues from sources other than Taxation $0 Amount to be raised by taxation $63,746 Add: 1% for loss of collection 637 Total amount to be raised by taxation for Special Service Area Number Nineteen purposes $64,383 Section 3. The tax levied herein is pursuant to the provision of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to 35 ILCS 200/27-5 et. seq., as amended, and to an ordinance establishing City of Elgin Special Service Area Number Nineteen. Section 4. That it is hereby certified to the County Clerk of Kane County, Illinois the sum aforesaid, which total amount City of Elgin Special Service Area Number Nineteen requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby ordered and directed to file with the County Clerk of the County of Kane on or before the time required by the law a certified copy of this ordinance. VOLUME LXXIV DECEMBER 16, 2009 807 Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Passed: December 16, 2009 Vote: Yeas: 7 Nays: 0 Recorded: December 17, 2009 Published: December 18, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-272 ADOPTED ADOPTING THE FIVE-YEAR FINANCIAL PLAN Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. 09-272 RESOLUTION ADOPTING THE FIVE-YEAR FINANCIAL PLAN WHEREAS, the City of Elgin has conducted an extensive dialogue with the community in drafting a Five-Year Financial Plan (2010-2014); and WHEREAS, the Elgin City Council and staff engaged in a strategic planning discussions throughout 2009; and WHEREAS, strategic goals and policies for the community were formulated from extensive dialogue and incorporated into the 2010 Budget and 2010-2014 Financial Plan; and WHEREAS, the City Council has conducted extensive budget reviews and policy discussions throughout the months of November and December; and WHEREAS, the Proposed 2010 Budget and 2010-2014 Financial Plan have been placed on file for public review with the City Clerk. DECEMBER 16, 2009 VOLUME LXXIV 808 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Five-Year Financial Plan is hereby adopted as a policy document of the city to guide strategic planning and operations. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk PUBLIC HEARING REGARDING A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT, AMENDMENTS TO THE PLANNED DISTRICT ORDINANCE, AND AMENDMENT TO THE PRELIMINARY PLAT, FOR THE SUBDIVISION KNOWN AS THE ELGIN WAL-MART/SAM’S CLUB SUBDIVISION; PROPERTY LOCATED AT 1000 SOUTH RANDALL ROAD; BY ATWELL-HICKS, LLC., AS APPLICANTS AND WALMART STORES, INC., SAM’S WEST, INC., AND SAM’S REAL ESTATE BUSINESS TRUST, AS OWNERS (PETITION 24-09) Mayor Schock declared the public hearing open. Sarosh Saher, Senior Planner, reviewed the petition noting that the Planning and Development Commission had recommended approval subject to conditions. Robert Gamrath, attorney for the petitioners, said that many of the revisions were due to changes in the branding of the company. These included a reduction in the size of the super center, changes in building materials, and “green” features. Other representatives reviewed the site changes while the architect highlighted the façade changes. It was noted that this store will be state of the art. Councilmember Steffen said that although the building looks better, he was concerned about the roof top units. The architect said that the rooftop of Sam‟s is twenty feet higher and that every piece of equipment will be screened and that most of the equipment is low. He noted, though, that there are limitations to how high that screening can be. Councilmember Kaptain said that it was an improved proposal, but that he was disappointed there was no permeable parking area or no use of native plant materials. He would like to see these incorporated into the plan. Mr. Gamrath said they would try to address these concerns. Councilmember Kaptain suggested adding islands in the parking lot and clarified that he was only asking for the permeable pavers in the low volume parking area. VOLUME LXXIV DECEMBER 16, 2009 809 Councilmember Dunne said he was excited to see this project move forward, but was concerned about the truck docks and their visibility to the residents to the north of the property. Mr. Gamrath said the docks were depressed and enclosed and there would be very low noise leakage. The trucks will not be allowed to run while parked at the docks. Councilmember Dunne asked about an outside public address system. Mr. Gamrath said he did not believe there would be one. Councilmember Dunne asked about allowing overnight campers and was told this is not part of their plans. Councilmember Steffen said he would support the use of the permeable pavers and that this could be a showcase of Wal-Mart‟s sustainability efforts. He also asked about the speed limit along Reserve Drive. Mr. Sarosh said that it was a private street and this would be regulated by the association. Councilmember Dunne said the size of the sign on Bowes Road seemed excessive. The attorney said that the municipal code allows for three signs, but that the company was only asking for two, but they would like a variance on that particular sign. Councilmember Dunne stated that the wall along the north side seems stark. The architect replied that landscaping, a wooden fence, and architectural details have been included to break it up. Councilmember Prigge noted that this corner is an important one and that he wants to see it done properly due to the high visibility there. Both Councilmembers Gilliam and Warren said that they supported the use of permeable pavers. Kenneth Bender, a nearby resident and chairman of the Civic Committee of the Edgewater subdivision, said that his group had concerns regarding the size of the sign on Bowes Road, the gas station location, and the possible elimination of a high end restaurant. Marty Franks stated that he had concerns about the visibility of the loading docks, the height and location of the west wall, landscaping on the north side of the property, the size of the signs, and the crosswalk at Bowes Road and the entryway into Sam‟s Club. Mr. Gamrath said that those concerns relating to the permeable pavers and the size of the signage would be taken back to Wal-Mart. Mayor Schock said that the ordinances allow for signs that are two hundred square feet and that Wal-Mart is asking for a variance of two hundred sixty-eight square feet for the two signs. He suggested that Wal-Mart reduce the sign on Bowes Road to meet the ordinance requirements. He also noted that he had been told by staff that Wal-Mart had been very cooperative with regards to the city‟s requests for landscaping in excess of what is required. There being no further comments, Mayor Schock declared the public hearing closed. DECEMBER 16, 2009 VOLUME LXXIV 810 PETITION 24-09 APPROVED REQUESTING APPROVAL OF A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT, AMENDMENTS TO THE PLANNED DISTRICT ORDINANCE, AND AMENDMENT TO THE PRELIMINARY PLAT, FOR THE SUBDIVISION KNOWN AS THE ELGIN WAL-MART/SAM’S CLUB SUBDIVISION; PROPERTY LOCATED AT 1000 SOUTH RANDALL ROAD; BY ATWELL-HICKS, LLC., AS APPLICANTS AND WALMART STORES, INC., SAM’S WEST, INC., AND SAM’S REAL ESTATE BUSINESS TRUST, AS OWNERS Councilmember Kaptain made a motion, seconded by Councilmember Warren, to approve Petition 26-09 subject to conditions, and added a fifth condition that permeable pavers be added to the additional parking area that Wal-Mart is requesting. Councilmember Dunne then asked that a sixth condition be added to drop the illumination of the sign at Bowes Road during hours when the store is not in operation and to further reduce the size of the sign by sixty-eight square feet. Councilmember Gilliam asked Mr. Gamrath if Wal-Mart would consider this additional reduction in size. Mr. Gamrath did not feel that they would since they were entitled to three signs, but were only asking for two. Mayor Schock suggested that staff and Wal-Mart work to come to an agreement regarding the sign on Bowes Road. By consensus, it was agreed that this would not be the sixth condition to the petition. Councilmember Dunne then said that he had concerns now about the incentive package and loss of any leverage. He wondered why the incentive package was not being considered at this time. Mayor Schock explained that this is commonly known as the development agreement and that no discussions had been held about this. Corporation Counsel William Cogley said that the development agreement is condition three and that it will be included when the entire proposal is brought back for consideration as a final package. Mayor Schock repeated that the motion had been made to approve Petition 24-09 with five conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PETITION 26-09 APPROVED REQUESTING A MAP AMENDMENT FROM RC3 RESIDENCE CONSERVATION DISTRICT TO AB AREA BUSINESS DISTRICT, WITH A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE EXPANSION OF A PARKING LOT; PROPERTY LOCATED AT 401 SUMMIT STREET, 455 AND 459 NORTH GIFFORD STREET, BY BEAR AND SONS NO. 2, LLC, AS APPLICANT, AND BY MCDONALD’S USA LLC, CHICAGO TITLE LAND TRUST COMPANY, TRUST NO. 498, DATED JANUARY 28, 1971, AND JESUS OCAMPO, AS OWNERS VOLUME LXXIV DECEMBER 16, 2009 811 Councilmember Kaptain made a motion, seconded by Councilmember Warren, to approve Petition 26-09, subject to conditions. Mr. Saher reviewed the petition noting that the Planning and Development Commission recommended approval subject to four conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-273 ADOPTED ADOPTING AN AMENDED OVERHEAD SEWER AND BACKWATER VALVE ASSISTANCE PROGRAM Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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. 09-273 RESOLUTION ADOPTING AN AMENDED OVERHEAD SEWER AND BACKWATER VALVE ASSISTANCE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby adopts the Amended Overhead Sewer and Backwater Valve Assistance Program dated December 1, 2009 to provide funding to residents to help defray the costs incurred for the installation of overhead sewers or backup valves, a copy of which is attached. BE IT FURTHER RESOLVED THAT Resolution 09-224, previously adopted by the City Council on October 14, 2009, be and is hereby repealed. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 16, 2009 VOLUME LXXIV 812 ATTACHMENT OVERHEAD SEWER AND BACKWATER VALVE ASSISTANCE PROGRAM I. Eligible Properties II. Application Process III. Financing Mechanisms I. ELIGIBLE PROPERTIES To be eligible for this program, residents MUST own and reside on a property serviced by a combined sewer system. The City of Elgin will determine if this criterion has been met. Additionally, since the program is directed to meet the needs of those most affected by combined sewer backups, residents that provide evidence of past backups by November 30, 2009 will be given priority. Appropriate evidence includes, but is not limited to: • Photographs; • Insurance claims; • Receipt from cleaning service; or, • Based on location and confirmed through meeting with City representative. After the initial priority deadline, all applications received will be considered on a first-come, first-serve basis until funds are exhausted for that program year. Grant applications in subsequent years of the program will be considered on a first-come, first-serve basis. II. APPLICATION PROCESS 1. Contact licensed plumbers to discuss best option for property. 2. Obtain at least two (2) written quotes 3. Fill out and submit application. 4. Receive approval from City for project in the form of an agreement. To be eligible for the funding the resident must enter into a written agreement in a form approved by the Corporation Counsel. The Community Development Director is authorized to execute such an agreement on behalf of the City. 5. Complete work. 6. Submit invoice from completed work for payment. Once the invoice is processed, the City will provide a check to the contractor for payment of work completed. Attach supporting documentation to the application form including the following: Verification of Property Ownership including the following: □ Property Warranty Deed □ Most recent Property Tax Form □ Land Contract registered with the County Two detailed cost estimates provided by licensed contractors. Photographs of existing conditions. Additionally, eligible program participants must: • Obtain all required permits prior to beginning any work. VOLUME LXXIV DECEMBER 16, 2009 813 • Comply with all applicable building codes. • Have all repairs inspected by City Building Inspectors. Those residents who do not comply with the above criteria may be subject to a denial of application or withdrawal of funding. III. FINANCING MECHANISMS As this program has limited funding, funds will be allocated based on eligibility during the initial priority period (discussed herein) and then on a first-come, first-serve basis. The financing structure is as follows: Option 1: OVERHEAD SEWER Installation • City provides funding for 100% of cost (up to $10,000) to property owner. – 50% (up to $5,000) as a grant. – 50% (up to $5,000) as 5 year interest free loan • Loan repayments incorporated in water and sewer bill. Option 2: BACKWATER VALVE Installation • City provides funding for 100% of cost (up to $2,000) to property owner. – 50% (up to $1,000) as a grant – 50% (up to $1,000) as a 5 year interest free loan • Loan repayments incorporated in water and sewer bill. On receipt of the application form, the property and proposed work will be evaluated by City staff. IV. Funding for Program. Notwithstanding anything to the contrary contained herein, the City Council of the City of Elgin expressly reserves the right and option to decide anytime whether or not to provide continued or additional funding for this program. The creation or existence of this program shall not be construed to create or provide any vested rights in any person or organization to obtain approval of a program application, and/or to obtain approval of a program agreement. Low Income Households Those households that meet the Department of Housing and Urban Development‟s (HUD) current low, extremely low or very low income thresholds for Kane County (“Low Income Households”) are eligible for increased funding. Funding structure for Low Income Households remains the same but the percentages are changed as follows: • 75% of chosen option cost will be granted to resident. • 25% of chosen option cost will be loaned. • Same repayment structure as above. Please note that grant funds received are considered taxable income and the grant recipient will receive a 1099G Form. DECEMBER 16, 2009 VOLUME LXXIV 814 Additional Information Call the City of Elgin, Planning and Neighborhood Services Department at 847-931-5910 for information. RESOLUTION 09-274 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH INTERFLEET, INC. FOR AN AUTOMATIC VEHICLE LOCATION SYSTEM Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-274 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH INTERFLEET, INC. FOR AN AUTOMATIC VEHICLE LOCATION SYSTEM WHEREAS, the City of Elgin has heretofore entered into a contract with Interfleet, Inc. for an Automatic Vehicle Location System; 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 Presented: December 16, 2009 Adopted: December 16, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV DECEMBER 16, 2009 815 RESOLUTION 09-275 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH SUNGARD PUBLIC SECTOR, INC. FOR CLICK2GOV PUBLIC SERVICE MODULES Councilmember Warren made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Councilmember Warren noted that one of the modules of this program will allow applicants to apply on-line for the business license. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-275 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH SUNGARD PUBLIC SECTOR, INC. FOR CLICK2GOV PUBLIC SERVICE MODULES WHEREAS, the City of Elgin has heretofore entered into a contract Sungard Public Sector, Inc. for Click2Gov Public Service Modules; 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 Presented: December 16, 2009 Adopted: December 16, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 16, 2009 VOLUME LXXIV 816 RESOLUTION 09-276 ADOPTED AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR THE LORD STREET BASIN COMBINED SEWER SEPARATION PROJECT Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-276 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR 2009 COMBINED SEWER SEPARATION PROJECT LORD STREET BASIN 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 Christopher B. Burke Engineering, Ltd. for the 2009 Combined Sewer Separation Project, Lord Street Basin, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-277 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH NORTHSTAR TRUST COMPANY, AS TRUSTEE UNDER TRUST NO. HTB 1866, FOR WATER SERVICE AT 1100 BRANDT DRIVE Councilmember Kaptain made a motion, seconded by Councilmember Warren, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV DECEMBER 16, 2009 817 Resolution No. 09-277 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH NORTHSTAR TRUST COMPANY, AS TRUSTEE UNDER TRUST NO. HTB 1866, FOR WATER SERVICE AT 1100 BRANDT DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an Agreement with Northstar Trust Company, as Trustee under Trust No. HTB 1866 on behalf of the City of Elgin for water service at 1100 Brandt Drive, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-278 ADOPTED AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH NORTHSTAR TRUST COMPANY, AS SUCCESSOR TRUSTEE UNDER TRUST NUMBER 11-2204, AND CHICAGO TITLE LAND TRUST COMPANY, AS TRUSTEE UNDER TRUST NO. 800235048 FOR A PORTION OF THE PREMISES ON BRANDT DRIVE FOR USE AS A SALT STORAGE FACILITY Councilmember Warren made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. DECEMBER 16, 2009 VOLUME LXXIV 818 Resolution No. 09-278 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH NORTHSTAR TRUST COMPANY, AS SUCCESSOR TRUSTEE UNDER TRUST NUMBER 11-2204, AND CHICAGO TITLE LAND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 8002350428 FOR A PORTION OF THE PREMISES ON BRANDT DRIVE FOR USE AS A SALT STORAGE FACILITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, and Diane Robertson, City Clerk, be and are hereby respectively authorized and directed to execute a written lease agreement with Northstar Trust Company, as Successor Trustee under Trust Number 11-2204, and Chicago Title Land Trust Company, as Trustee under Trust No. 8002350428, for a portion of the premises on 1100 Brandt Drive, for use as a city salt storage facility, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G71-09 PASSED AMENDING TITLE 6 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “BUSINESS LICENSES AND REGULATIONS” Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Councilmember Kaptain asked the Corporation Counsel to clarify the suspension/revocation portion of this amendment. Mr. Cogley stated that it would apply to public health and safety welfare issues and to criminal matters. He also noted that there is a provision for a summary suspension for immediate safety concerns. Councilmember Kaptain asked if there is an adjudication process and Mr. Cogley replied that there is except if there is an immediate threat to public safety. Mr. Cogley said that this authority is also included in the Liquor Code, but that it has never been used. VOLUME LXXIV DECEMBER 16, 2009 819 Councilmember Kaptain stated that he had a concern about the notification process as he felt it had been too short. He felt the business community had not had adequate time to completely review this. He wondered what the impact would be if this item were to be tabled until the January 13, 2010, meeting. City Manager Stegall replied that it would leave the budget and the city‟s partners in limbo. Councilmember Prigge stated he is in favor of this license for enforcement purposes and to gain the knowledge of who is doing business in the city. He also would like to have the license applicants receive something tangible from the city. Councilmember Prigge made a motion, seconded by Councilmember Gilliam, to amend the proposal such that any non-profit over the size of 500,000 square feet would be expected to pay for their license. Councilmember Dunne stated that he would be against licensing a church and he believed that Harvest Bible Church might be larger than 500,000 square feet. It was determined, though, that it was not. Upon a roll call vote regarding the amendment: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Warren, and Mayor Schock. Nays: Councilmember Steffen. Upon a roll call vote as amended: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. ORDINANCE G70-09 PASSED AMENDING TITLE 5 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “PROCUREMENTS” Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G70-09 AN ORDINANCE AMENDING TITLE 5 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “PROCUREMENTS” WHEREAS, as a home rule unit, the City of Elgin may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, regulations relating to procurements for the city pertain to the government and affairs of the city; and WHEREAS, the City of Elgin has previously adopted a procurement ordinance provided for in Title 5 of the Elgin Municipal Code, 1976, as amended, entitled “Procurements”; and DECEMBER 16, 2009 VOLUME LXXIV 820 WHEREAS, the city has determined that it is appropriate to further amend such ordinance as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 5.04.086 of the Elgin Municipal Code, 1976, as amended, entitled “Small Purchase” be and is hereby further amended to read as follows: “5.04.086: SMALL PURCHASE: “Small purchase” means a purchase or group of related purchases by a using department not exceeding twenty thousand dollars ($20,000.00).” Section 2. That Section 5.06.030 of the Elgin Municipal Code, 1976, as amended, entitled “Payment of Obligations” be and is hereby further amended to read as follows: “5.06.030: PAYMENT OF OBLIGATIONS: All bills payable by the city other than for the payment of amounts not exceeding twenty thousand dollars ($20,000.00), payments arising out of contracts previously approved by the city council, and salaries established by the city council shall be submitted to the city council for approval before payment. The city manager, or his duly authorized representative, may approve for payment any bill in an amount not exceeding twenty thousand dollars ($20,000.00), payments arising out of contracts previously approved by the city council and salaries established by the city council. All payments which have not been approved by the city council shall be reported in writing monthly to the city council.” Section 3. That Section 5.10.010 of the Elgin Municipal Code, 1976, as amended, entitled “Exception to Competitive Bid Requirements; Conditions for Use” be and is hereby further amended by amending the introductory paragraph thereof to read as follows: “5.10.010: Exceptions to Competitive Bid Requirements; Conditions or Use: When the purchasing director determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the city of Elgin, a contract valued over twenty thousand dollars ($20,000.00), may be entered into by use of the competitive sealed proposals method. Factors to be considered by the purchasing director in determining whether to use competitive sealed proposals in lieu of bids shall include:” Section 4. That Section 5.12.020 of the Elgin Municipal Code, 1976, as amended, entitled “Contracting for Designated Professional Services” be and is hereby further amended by amending subparagraph A thereof entitled “Authority” to read as follows: VOLUME LXXIV DECEMBER 16, 2009 821 “5.12.020: CONTRACTING FOR DESIGNATED PROFESSIONAL SERVICES: “A. Authority: For the purpose of procuring the services of persons possessing a high degree of professional skill where the ability or fitness of the person plays an important part, any using department requiring such services anticipated to be over twenty thousand dollars ($20,000.00) shall select them in accordance with the selection procedures specified in this chapter.” Section 5. That Section 5.14.020 of the Elgin Municipal Code, 1976, as amended, entitled “Sole Source Procurement” be and is hereby further amended to read as follows: “5.14.020: SOLE SOURCE PROCUREMENT: A contract over twenty thousand dollars ($20,000.00) may be authorized by the city council without competition when the purchasing director or the head of the using department determines in writing, after conducting a good faith review of available sources, that there is only one source for the required supply, service, or construction item. The purchasing director or the head of the using department shall conduct negotiations, as appropriate, as to price, delivery, and terms. A record of sole source procurements exceeding twenty thousand dollars ($20,000.00) shall be maintained as a public record and shall list each contract, and a listing of the item(s) procured under each contract.” Section 6. That Section 5.16.010 entitled “General”, Section 5.16.020 entitled “Procedures” and Section 5.16.030 entitled “Award” of the Elgin Municipal Code, 1976, as amended, be and are hereby further amended to read as follows: “5.16.010: GENERAL: Any contract not exceeding twenty thousand dollars ($20,000.00) may be made in accordance with the small purchase procedures authorized in this chapter. A small contract shall be awarded in accordance with the procedures in this chapter only where there is a legally separable and factually separated transaction. Contract requirements shall not be artificially or arbitrarily divided so as to constitute a small purchase under this chapter. 5.16.020 PROCEDURES: Any contract not exceeding twenty thousand dollars ($20,000.00) shall include a source selection process as determined by the head of the using department or the purchasing director as is reasonably required to ensure the city is receiving the contract at a reasonable price from a responsible offerer. 5.16.030: AWARD: DECEMBER 16, 2009 VOLUME LXXIV 822 Any contract not exceeding twenty thousand dollars ($20,000.00) may be made by the city manager or his designee. Any contract exceeding twenty thousand dollars ($20,000.00) shall be authorized by the city council before award except as otherwise provided in this title.” Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 8. 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: December 16, 2009 Passed: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 17, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Steffen, 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 Traffic Control & Protection West Chicago, IL $11,107.50 Signs for odd/even parking Illinois Public Safety Agency Network Chicago, IL $16,206.00 Connectivity charges for patrol cars VOLUME LXXIV DECEMBER 16, 2009 823 CONSENT AGENDA By unanimous consent, Councilmember Warren made a motion, seconded by Councilmember Kaptain, to pass Ordinance Nos. S11-09 and G65-09 through G69-09, and adopt Resolution Nos. 09-255 through 09-271, and 09-279 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-255 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH, INC. Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-255 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH DSM DESOTECH INC. WHEREAS, DSM Desotech, Inc., a Delaware corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with DSM, Desotech Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 16, 2009 VOLUME LXXIV 824 RESOLUTION 09-256 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-256 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ILLINOIS TOOL WORKS WHEREAS, Illinois Tool Works, an Illinois corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with Illinois Tool Works for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-257 ADOPTED AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV DECEMBER 16, 2009 825 Resolution No. 09-257 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT WITH ST. CHARLES STREET PROPERTIES WHEREAS, St. Charles Street Properties, an Illinois corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said owner has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, 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 respectively authorized and directed to execute an agreement on behalf of the City of Elgin with St. Charles Street Properties for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-258 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS, INC. FOR PURCHASE OF A LIME SLAKER Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. DECEMBER 16, 2009 VOLUME LXXIV 826 Resolution No. 09-258 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SMITH ECOLOGICAL SYSTEMS, INC. FOR PURCHASE OF A LIME SLAKER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Smith Ecological Systems, Inc. for the purchase of a lime slaker, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-259 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH EQUIPMENT MANAGEMENT COMPANY FOR FIRE DEPARTMENT PROTECTIVE CLOTHING Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-259 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH EQUIPMENT MANAGEMENT COMPANY FOR FIRE DEPARTMENT PROTECTIVE CLOTHING 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 Agreement with Equipment Management Company for fire department protective clothing on VOLUME LXXIV DECEMBER 16, 2009 827 behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-260 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE HOUSING AUTHORITY OF ELGIN Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-260 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE HOUSING AUTHORITY OF ELGIN 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 community development block grant agreement on behalf of the City of Elgin with the Housing Authority of Elgin for the Central Park Tower Elevator Renovation Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 DECEMBER 16, 2009 VOLUME LXXIV 828 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-261 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH P.A.D.S. OF ELGIN Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-261 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH P.A.D.S. OF ELGIN 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 community development block grant agreement on behalf of the City of Elgin with P.A.D.S. of Elgin for emergency shelter monthly rental costs, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-262 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR A PART-TIME DOMESTIC VIOLENCE CASE WORKER VOLUME LXXIV DECEMBER 16, 2009 829 Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-262 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR A PART-TIME DOMESTIC VIOLENCE CASE WORKER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a grant agreement in the amount of $34,694 on behalf of the City of Elgin with the Illinois Criminal Justice Information Authority for a part-time domestic violence case worker, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-263 ADOPTED ESTABLISHING AN HONORARY STREET NAME FOR GEORGE VAN DE VOORDE FOR A PORTION OF SOUTH GENEVA STREET Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-263 RESOLUTION DECEMBER 16, 2009 VOLUME LXXIV 830 ESTABLISHING AN HONORARY STREET NAME FOR GEORGE VAN DE VOORDE FOR A PORTION OF SOUTH GENEVA STREET WHEREAS, a formal application to endorse the dedication of South Geneva Street between East Chicago Street and DuPage Street to be dedicated with the honorary street name of George Van De Voorde Place was submitted to the City of Elgin by the Elgin Community Crisis Center; and WHEREAS, the members of the Neighborhood Services Committee and the Image Advisory Commission have recommended approval of the honorary street name for George Van De Voorde; and WHEREAS, George Van De Voorde graduated from Elgin High School in 1943 and joined the City of Elgin Fire Department in 1947. His tenure with the City of Elgin Fire Department spanned 37 years, including 17 years as Fire Chief. As Fire Chief, Van De Voorde oversaw the construction of three new fire stations and the addition of a paramedics unit; and WHEREAS, following his retirement from the Fire Department in 1984, George Van De Voorde was appointed to the office of councilman of the City of Elgin by the Mayor and members of the City Council in1987 for two years; and WHEREAS, George Van De Voorde was thereafter elected by the citizens of the City of Elgin to the office of Mayor of the City of Elgin for two terms from 1987 to 1995; and WHEREAS, George Van De Voorde was a valued friend to her fellow city employees and officials; and WHEREAS, George Van De Voorde was a faithful and diligent employee and official for the City of Elgin and provided outstanding services to the citizens of Elgin; and WHEREAS, the Mayor and members of the City Council wish to extend the appreciation and esteem of all Elgin citizens for George Van De Voorde‟s outstanding service to the community; and WHEREAS, the Mayor and members of the City Council have determined that it is appropriate to formally recognize George Van De Voorde. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that South Geneva Street between East Chicago Street and DuPage Street be and the same is hereby dedicated with the honorary street name of George Van De Voorde Place. VOLUME LXXIV DECEMBER 16, 2009 831 BE IT FURTHER RESOLVED that an honorary street sign shall be placed designating South Geneva Street between East Chicago Street and DuPage Street with the honorary street name of George Van De Voorde Place. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-264 ADOPTED AUTHORIZING THE CITY MANAGER TO DESIGNATE FREEDOM OF INFORMATION ACT OFFICERS AND INDIVIDUALS TO RECEIVE TRAINING PURSUANT TO THE FREEDOM OF INFORMATION ACT AND OPEN MEETINGS ACT Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-264 RESOLUTION AUTHORIZING CITY MANAGER TO DESIGNATE FREEDOM OF INFORMATION ACT OFFICERS AND INDIVIDUALS TO RECEIVE TRAINING PURSUANT TO THE FREEDOM OF INFORMATION ACT AND OPEN MEETINGS ACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager be and is hereby authorized to designate Freedom of Information Act officers and individuals to receive training pursuant to the Freedom of Information Act and Open Meetings Act for the City of Elgin as may be necessary from time to time. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 DECEMBER 16, 2009 VOLUME LXXIV 832 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-265 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 4 TO THE ENGINEERING SERVICES AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND GENDE FOR THE 2006 COMBINED SEWER SEPARATION PROJECT Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-265 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 4 TO THE ENGINEERING SERVICES AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND GENDE FOR THE 2006 COMBINED SEWER SEPARATION PROJECT 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. 4 to the Engineering Services Agreement on behalf of the City of Elgin with Rezek, Henry, Meisenheimer and Gende for the 2006 Combined Sewer Separation Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXIV DECEMBER 16, 2009 833 RESOLUTION 09-266 ADOPTED TO INCLUDE CAR ALLOWANCE PAYMENTS AS IMRF EARNINGS Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-266 IMRF I.D. No. 3347 RESOLUTION TO INCLUDE CAR ALLOWANCE PAYMENTS AS IMRF EARNINGS WHEREAS, standard member earnings reportable to the Illinois Municipal Retirement Fund do not include expense allowances; and WHEREAS, the governing body of an IMRF participating unit of government may elect to include in IMRF earnings all taxable expense allowances; and WHEREAS, the City Council of the City of Elgin is authorized to include taxable expense allowances as earnings reportable to IMRF and it is desirable that it do so. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elgin does hereby elect to include as earnings reportable to IMRF car allowance payments effective December 16, 2001. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to file a duly certified copy of this resolution with the Illinois Municipal Retirement Fund. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 16, 2009 VOLUME LXXIV 834 RESOLUTION 09-267 ADOPTED RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (209 FRANKLIN BOULEVARD-NSP PROPERTY) Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-267 RESOLUTION RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (209 Franklin Boulevard-NSP Property) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a Real Estate Sales Contract on behalf of the City of Elgin by Sean R. Stegall, City Manager, with Aurora Loan Services, LLC, for the purchase of property commonly known as 209 Franklin Boulevard, Elgin, for $49,900 be and is hereby authorized, approved and ratified, a copy of such contract is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-268 ADOPTED RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (318 SOUTH STREET-NSP PROPERTY) Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV DECEMBER 16, 2009 835 Resolution No. 09-268 RESOLUTION RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (318 South Street-NSP Property) 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 a Real Estate Sales Contract on behalf of the City of Elgin with American General Financial Services of Illinois, Inc. for the purchase of property commonly known as 318 South Street, Elgin, for $93,900, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-269 ADOPTED RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (355 MOSELEY STREET-NSP PROPERTY) Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-269 RESOLUTION RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (355 Moseley Street-NSP Property) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a Real Estate Sales Contract on behalf of the City of Elgin by Sean R. Stegall, City Manager, with Consumer Solutions REO, LLC, for the purchase of property commonly known as 355 DECEMBER 16, 2009 VOLUME LXXIV 836 Moseley Street, Elgin, for $64,900 be and is hereby authorized, approved and ratified, a copy of such contract is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-270 ADOPTED RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (485 E. CHICAGO STREET-NSP PROPERTY) Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-270 RESOLUTION RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (485 E. Chicago Street-NSP Property) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a Real Estate Sales Contract on behalf of the City of Elgin by Sean R. Stegall, City Manager, with Fannie Mae, for the purchase of property commonly known as 485 E. Chicago Street, Elgin, for $89,900 be and is hereby authorized, approved and ratified, a copy of such contract is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV DECEMBER 16, 2009 837 Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-271 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH PAETEC COMMUNICATION, INC. Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-271 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PAETEC COMMUNICATIONS, 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 Agreement with Paetec Communications, Inc. on behalf of the City of Elgin for phone service, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk DECEMBER 16, 2009 VOLUME LXXIV 838 ORDINANCE G65-09 PASSED AMENDING CHAPTER 2.52 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “POLICE DEPARTMENT” Councilmember Warren made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G65-09 AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "POLICE DEPARTMENT" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.52.010 of the Elgin Municipal Code, 1976, as amended, entitled "Establishment; Divisions:" be and is hereby further amended by amending subparagraph A thereof to read as follows: "A. There is established an executive department of the City to be known as the Police Department. The Police Department shall consist of one hundred ninety (190) sworn members, of which one member shall be Chief, no more than three (3) members shall hold the rank of deputy chief, no more than seven (7) members shall hold the rank of lieutenant, no more than twenty-two (22) members shall hold the rank of sergeant and the balance of said members shall be of police officer rank." 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 in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV DECEMBER 16, 2009 839 Presented: December 16, 2009 Passed: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 17, 2009 Published: December 18, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G66-09 PASSED ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS Councilmember Warren made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G66-09 AN ORDINANCE ESTABLISHING FEES FOR VARIOUS CITY SERVICES, PERMITS, LICENSES, USE OF FACILITIES AND OTHER MATTERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the fees, charges and rates for 2010 as set forth in the User Fees Exhibit from the adopted 2010 Budget 2010-2014 Financial Plan, attached hereto as Exhibit 1, be and the same are hereby established for the various city services, permits, licenses, use of facilities and other matters as set forth in such attached User Fees Exhibit. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after January 1, 2010. s/ Ed Schock Ed Schock, Mayor DECEMBER 16, 2009 VOLUME LXXIV 840 Presented: December 16, 2009 Passed: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 17, 2009 Published: December 18, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G67-09 PASSED AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN Councilmember Warren made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G67-09 AN ORDINANCE AMENDING CERTAIN PARKING RESTRICTIONS WITHIN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.32.030 of the Elgin Municipal Code, 1976, as amended, entitled “Stop Intersections” be and is hereby further amended by adding the following: “Walker Place Northbound at Division Street Botsford Drive Southbound at Division Street Walker Place Northbound at Mary Place Walker Place Southbound at Mary Place” Section 2. That Section 11.60.050 of the Elgin Municipal Code, 1976, as amended, entitled “Standing, Stopping and Parking Prohibited Where” be and is hereby further amended by adding to the list of streets where parking is prohibited under Section 11.60.050 the following: “Concord Drive – Both Sides – from Dover Drive to Glen Ivy Drive, between the hours of 7:00 A.M. and 11:00 a.m. on school days” Section 3. That Section 11.40.080 of the Elgin Municipal Code, 1976, as amended, entitled “Vehicle Load Limit” be and is hereby further amended by adding the following to Section D thereof: VOLUME LXXIV DECEMBER 16, 2009 841 “Clifford Avenue, Owasco Avenue and Steele Street from Frazier Avenue to Jerusha Avenue” Section 4. That Section 11.60.084.5 of the Elgin Municipal Code, 1976, as amended, entitled “Four Hour Parking Zones” be and is hereby further amended by adding the following: “Municipal parking lot located at 50 S. Grove Avenue, Parking Unit P-1 at the Fountain Square on the River Condominium Complex, 25 parking spaces; between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday.” Section 5. That Section 11.62.110 of the Elgin Municipal Code, 1976, as amended, entitled “Schedule of Fines and Penalties” be and is hereby further amended by amending Subsection B thereof to read as follows: “B. Notwithstanding the provisions of subsection A of this section, a violation of Section 11.60.050H of this title, as amended, to be an offense punishable by a fine in the amount of fifty dollars ($50.00), a violation of section 11.60.065 of this title, as amended, shall be an offense punishable by a fine in the amount of one hundred dollars ($100.00); a violation of subsection 11.60.155A or section 11.60.156 of this title, as amended, shall be an offense punishable by a fine in the amount of three hundred fifty dollar ($350.00); and a violation of subsection 11.60.155B of this title, as amended, shall be an offense punishable by a fine in the amount of five hundred dollars ($500.00).” Section 6. That Section 11.60.205 of the Elgin Municipal Code, 1976, as amended, entitled “Tow Away Zones” be and is hereby further amended by amending the first subsection of paragraph A providing for regulations for Abbott Drive to read as follows: “Abbott Drive, south side, from a point one thousand two hundred feet (1,200‟) east of McLean Boulevard, easterly for six hundred feet (600‟) to a point one hundred fifteen feet (115‟) west of Getzelman Drive.” Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 8. That this ordinance shall be in full force and effect ten days after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor DECEMBER 16, 2009 VOLUME LXXIV 842 Presented: December 16, 2009 Passed: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 17, 2009 Published: December 18, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S11-09 PASSED AMENDING ORDINANCES PROVIDING FOR THE ACCUMULATION OF VACATION LEAVE Councilmember Warren made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. S11-09 AN ORDINANCE AMENDING ORDINANCES PROVIDING FOR THE ACCUMULATION OF VACATION LEAVE WHEREAS, it is necessary and desirable to amend the ordinance providing for the accumulation of vacation leave. NOW, THEREOFRE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ordinance No. S6-88, entitled “An Ordinance Providing for the Accumulation of Vacation Leave” passed on June 8, 1988, and Ordinance No. S14-97, entitled “An Ordinance Amending an Ordinance Providing for the Accumulation of Vacation Leav e” passed on October 8, 1997, be and are hereby amended in their entirety to read as follows: Section 1. That the annual vacation leave of officers and employees may not accumulate except as herein provided. Section 2. Any officer or employee of the city who has commenced employment prior to July 1, 1988 may accrue vacation leave for a period not to exceed 320 hours if employed on a normal 40 hour week basis; officers and employees of the fire department who do not work regular 40 hour weeks may accumulate vacation leave for a period not to exceed 480 hours. Section 3. Any officer or employee who commences employment on or after July 1, 1988 may accrue vacation leave for a period not to exceed the equivalent of one year of vacation accrual into a subsequent year. VOLUME LXXIV DECEMBER 16, 2009 843 Section 4. That all unused vacation leave in excess of the amount permitted to be accumulated which is not taken shall be forfeited. Section 5. The limitation on the accumulation of vacation leave may be waived by the City Manager when he shall determine in the City Manager‟s sole discretion that due to the needs of the city or because of unforeseen circumstances beyond the control of an officer or employee such officer or employee has been prevented from the timely use of vacation leave. An officer or employee seeking the waiver of such a limitation shall make a written request to the City Manager through the applicable department head, requesting to carry over a specified amount of excess vacation time into the subsequent year. Such request must be received by the City Manager prior to the end of the year in question. In the event the City Manager approves a requested waiver of the limitation on the accumulation of vacation leave, such waiver shall be effective for one (1) year only and the limitation on the accumulation on vacation leave as provided in this ordinance shall thereafter apply unless a waiver of same is subsequently approved by the City Manager. Section 6. 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: December 16, 2009 Passed: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 17, 2009 Published: December 18, 2009 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-279 ADOPTED AUTHORIZING EXECUTION OF A FOURTH AMENDMENT TO BOWES CREEK ANNEXATION AGREEMENT WITH TOLL IL, L.P. AND LO LAND ASSETS, L.P. (BOWES CREEK COUNTRY CLUB, 3600 BOWES ROAD) Councilmember Warren made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. DECEMBER 16, 2009 VOLUME LXXIV 844 Resolution No. 09-279 RESOLUTION AUTHORIZING EXECUTION OF A FOURTH AMENDMENT TO BOWES CREEK ANNEXATION AGREEMENT WITH TOLL IL, L.P. AND LO LAND ASSETS, L.P. (Bowes Creek Country Club – 3600 Bowes Road) WHEREAS, the owners of certain property commonly known as Bowes Creek Country Club 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 Fourth Amendment to Annexation Agreement with Toll IL, L.P. and LoLand Assets, L.P., 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 Third Amendment to Annexation Agreement with Toll IL, L.P. and LoLand Assets, L.P., a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Adopted: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G68-09 PASSED AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G11-05 (BOWES CREEK COUNTRY CLUB NEIGHBORHOODS 2, 3, 4, 5, 6, 7, 8A, 8B AND 9, 3600 BOWES ROAD) Councilmember Warren made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV DECEMBER 16, 2009 845 Ordinance No. G68-09 AN ORDINANCE AMENDING PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G11-05 (Bowes Creek Country Club Neighborhoods 2, 3, 4, 5, 6, 7, 8A, 8B, and 9) 3600 Bowes Road WHEREAS, the territory herein described has previously been classified in the PSFR2 Planned Single Family Residence District, pursuant to Ordinance No. G11-05; and WHEREAS, written application has been made to amend certain provisions within Ordinance No. G11-05; 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: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 8, 2009, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Ordinance No. G11-05 classifying the territory herein described in the PSFR2 Planned Single Family Residence District be and is hereby amended in its entirety and is hereinafter set forth in this ordinance. Section 2. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries herein before laid out in the „Zoning District Map‟, as amended, be and are hereby altered by including in the PSFR2 Planned Single Family Residence District, the following described property: Those areas on the attached Zoning Exhibit, prepared by Cowhey Gudmundson Leder, Ltd., dated September 3, 2004, with a final revision date of December 21, 2004, designated in the PSFR2 Planned Single Family Residence District, and identified as Neighborhoods 2, 3, 4, 5, 6, 7, 8A, 8B, and 9. DECEMBER 16, 2009 VOLUME LXXIV 846 Section 3. That the development of this PSFR2 Planned Single Family Residence District as described in Section 2 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. C. General Provisions. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way, shall not be less than two acres. F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). VOLUME LXXIV DECEMBER 16, 2009 847 Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). 14. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PSFR2 zoning district: 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. DECEMBER 16, 2009 VOLUME LXXIV 848 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance, and in the Annexation Agreement. In this PSFR2 zoning district, the site design regulations shall be as follows: 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions, of the Elgin Zoning Ordinance. 2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be in substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey Gudmundson Leder, Ltd., dated August 31, 2004, and last revised January 5, 2005 with note revisions January 13, 2005. 3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall be in substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey Gudmundson Leder, Ltd., dated August 31, 2004, and last revised January 5, 2005 with note revisions January 13, 2005. 4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR] shall be subject to the provisions of the Elgin Zoning Ordinance, Section 19.12.400, Setbacks - Clarifications and Exceptions. 5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Local Street Setback. Where a zoning lot has frontage on a local street, the minimum required setback for a building from a street lot line shall be thirty (30) linear feet. b. Side Setback. The minimum required building setback from a “side lot line” [SR] shall be five (5) linear feet, however, the combination of both side setbacks shall not be less than 20 feet. c. Rear Setback. The minimum required building setback from a “rear lot line” [SR] shall be forty (40) linear feet. The following lots shall only be allowed the construction of decks and balconies open to sky to encroach into the rear setback for a distance no greater than fifteen (15) linear feet, per the requirements of the Development Administrator. Lots 118, 123, 125, 128, 137, 147, 150, 159, 161-163, 170-180, 200-204, 263-268, 442-444, 453-460, 472-481, 486-554, 557-560, 582-592, 614-615, 617-620, and 626. VOLUME LXXIV DECEMBER 16, 2009 849 6. Accessory Structures and Buildings. In this PSFR2 zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance. 8. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.40 (40%). 9. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.35 (35%). 10. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.10 (10%). 11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand four hundred (1,400) square feet, 12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be developed in substantial conformance to the Landscaping Plans prepared by HKM Architects and Planners, dated December 10, 2004, last revised December 10, 2004 and consisting of 14 sheets. 13. Supplementary Conditions. In this PSFR2 zoning district, the use and development and maintenance of land and structures shall also be subject to substantial conformance the following documents: a. Substantial conformance to the Preliminary PUD Plan, prepared by JEN Land Design, Inc., and dated July 8, 2004, last revised on November 17, 2004. b. Substantial conformance to the Preliminary Engineering Plan pages 1 through 8, prepared by Cowhey, Gudmundson, Leder, Ltd., and dated July 9, 2004, last revised on January 5, 2005. c. Substantial conformance to the Preliminary Landscape Plan, North, West, and East; the Entry Sign Elevation, Planter Curb Details, Entry Landscape, Typical Park Landscape, Boulevard Plan, Typical Townhome Landscape, and Typical Carriage Home Landscape for Bowes Creek Country Club, prepared by HKM Architects and Planners, Inc., and dated December 10, 2004, last revised December 10, 2004. d. Substantial conformance to the Existing Tree Exhibit, prepared by Cowhey, Gudmundson, Leder, Ltd., and dated August 9, 2004. e. Substantial conformance to the Tree Inventory Description, dated August 2004. DECEMBER 16, 2009 VOLUME LXXIV 850 f. Substantial conformance to the Natural Resource Narrative for Bowes Creek Country Club, prepared by Cowhey, Gudmundson, Leder, Ltd., and dated July 9, 2004. g. Substantial conformance to the Proposed Product encompassing the Regency at Bowes Creek County Club, Signature, Estate, Executive, and Tournament Collections, provided within the Bowes Creek Estates development binder provided for the Planning and Development Commission, no date. h. All exterior building materials for the standard single family homes shall meet the design requirements of the Far West Area Plan. i. Proposed additions to residential structures on the subject property shall be limited to the rear elevation and no additions shall be permitted to the front or side elevations of residential structures. Additional Conditions: 1. Substantial conformance with the Petitioner‟s Statement of Purpose for Map Amendment for Bowes Creek Country Club, dated received August 19, 2009, and attachments as follows, with revisions as required by the Community Development Group: a. Site plans entitled “Bowes Creek Country Club 4 th Amendment to Annexation Agreement – Variance Request for Decks,” Sheets 1-4, prepared by ESE Consultants, Inc., dated January 12, 2009 and last updated July 9, 2009. b. Individual detailed site plans entitled “Bowes Creek Country Club Villas - Showing examples of Most Restrictive (Smallest) Lot with Proposed Deck” Group Exhibit B, Sheets 1-10. 2. The departure shall be restricted to 121 lots within the Masters and Fairway Lots area. 3. Compliance with all applicable codes and ordinances. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. VOLUME LXXIV DECEMBER 16, 2009 851 K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. M. Conditional Uses. In this PSFR2 zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation i s 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. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. DECEMBER 16, 2009 VOLUME LXXIV 852 Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: December 16, 2009 Passed: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 17, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G69-09 PASSED AMENDING THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G12-05 (BOWES CREEK COUNTRY CLUB NEIGHBORHOODS AA2 AND AA3, 3600 BOWES ROAD) Councilmember Warren made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G69-09 AN ORDINANCE AMENDING THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G12-05 (Bowes Creek Country Club Neighborhoods AA2 and AA3) 3600 Bowes Road WHEREAS, the territory herein described has previously been classified in the PSFR2 Planned Single Family Residence District, pursuant to Ordinance No. G12-05; and WHEREAS, written application has been made to amend certain provisions within Ordinance No. G12-05; VOLUME LXXIV DECEMBER 16, 2009 853 WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 8, 2009, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Ordinance No. G12-05 classifying the territory herein described in the PSFR2 Planned Single Family Residence District be and is hereby amended in its entirety and is hereinafter set forth in this ordinance. Section 2. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries herein before laid out in the „Zoning District Map‟, as amended, be and are hereby altered by including in the PSFR2 Planned Single Family Residence District, the following described property: Those areas on the attached Zoning Exhibit, prepared by Cowhey Gudmundson Leder, Ltd., dated September 3, 2004, with a final revision date of December 21, 2004, designated in the PSFR2 Planned Single Family Residence District, and identified as Neighborhoods AA2 and AA3. Section 3. That the development of this PSFR2 Planned Single Family Residence District as described in Section 2 shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to provide a planned urban residential environment of standardized moderate density for single family detached dwellings, subject to the provisions of Chapter 19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, 1976, as amended. DECEMBER 16, 2009 VOLUME LXXIV 854 C. General Provisions. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PSFR2 zoning district exclusive of rights-of- way, but including adjoining land or land directly opposite a right-of-way, shall not be less than two acres. F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR] in this PSFR2 District: Residence Division. 1. “Single family detached dwellings” [SR] (UNCL). 2. “Residential garage sales” [SR] (UNCL). 3. “Residential occupations” [SR] (UNCL). 4. “Residential outdoor storage of firewood” [SR] (UNCL). 5. “Residential parking areas” [SR] (UNCL). Finance, Insurance, and Real Estate Division. 6. “Development sales office” [SR] (UNCL). Services Division. 7. “Family residential care facility” [SR] (8361). 8. “Home child day care services” [SR] (8351). Construction Division. 9. “Contractors office and equipment areas” [SR] (UNCL). Transportation, Communication, and Utilities Division. 10. “Radio and television antennas” [SR] (UNCL). 11. “Satellite dish antennas” [SR] (UNCL). 12. “Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves” [SR] (UNCL). Miscellaneous Uses Division. 13. “Fences and walls” [SR] (UNCL). 14. “Signs” [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 15. “Temporary uses” [SR] (UNCL). 16. “Accessory structures” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. VOLUME LXXIV DECEMBER 16, 2009 855 17. “Accessory uses” [SR] (UNCL) to the permitted uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses, of the Elgin Zoning Ordinance. In this PSFR2 zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “conditional use” [SR] in this PSFR2 zoning district: Residences Division. 1. “Conditional residential occupations” [SR] (UNCL). Municipal Services Division. 2. “Municipal facilities” [SR] (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. “Amateur radio antennas” [SR] (UNCL). 4. “Commercial antennas and antenna structures mounted on existing structures” [SR] (UNCL). 5. “Commercial antenna tower” [SR] (UNCL) 6. “Other radio and television antennas” [SR] (UNCL). 7. “Other satellite dish antennas” [SR] (UNCL). 8. “Pipelines, except natural gas” (461). 9. “Railroad tracks” (401). 10. “Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators” [SR] (UNCL). Miscellaneous Uses Division. 11. “Planned developments” [SR] (UNCL) on a zoning lot containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Zoning Ordinance. 12. “Accessory structures” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 13. “Accessory uses” [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design. In this PSFR2 zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance, and in the Annexation Agreement. In this PSFR2 zoning district, the site design regulations shall be as follows: 1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions, of the Elgin Zoning Ordinance. DECEMBER 16, 2009 VOLUME LXXIV 856 2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning lot area" [SR] shall be in substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey Gudmundson Leder, Ltd., dated August 31, 2004, and last revised January 5, 2005 with note revisions January 13, 2005. 3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall be in substantial conformance to the Preliminary Plat of Subdivision prepared by Cowhey Gudmundson Leder, Ltd., dated August 31, 2004, and last revised January 5, 2005 with note revisions January 13, 2005. 4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR] shall be subject to the provisions of the Elgin Zoning Ordinance, Section 19.12.400, Setbacks - Clarifications and Exceptions. 5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum required "building" [SR] "setbacks" [SR] for a zoning lot shall be as follows: a. Local Street Setback. Where a zoning lot has frontage on a local street, the minimum required setback for a building from a street lot line shall be twenty (20) linear feet. b. Side Setback. The minimum required building setback from a “side lot line” [SR] shall be five (5) linear feet, however, the combined side setback shall not be less than 10 feet. c. Rear Setback. The minimum required building setback from a “rear lot line” [SR] shall be twenty (20) linear feet. The following lots shall only be allowed the construction of decks and balconies open to sky to encroach into the rear setback for a distance no greater than twelve (12) linear feet, per the requirements of the Development Administrator. Lots 15-30, 36-46, 66-74, 77-79, 86, 98-110, 322-327, 338-341, 354-363, 378-380, 392-394, 396, 408-424, and 429. 6. Accessory Structures and Buildings. In this PSFR2 zoning district, "accessory structures and buildings" [SR] shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings, of the Elgin Zoning Ordinance. 7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard" [SR], or a "rear yard" [SR] established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance. 8. Residential Floor Area. In this PSFR2 zoning district, the maximum "residential floor area" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.48 (48%). 9. Building Coverage. In this PSFR2 zoning district, the maximum "building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.48 (48%). 10. Accessory Building Coverage. In this PSFR2 zoning district, the maximum "accessory building coverage" [SR] for a single family zoning lot shall equal the “zoning lot area” [SR] times 0.10 (10%). VOLUME LXXIV DECEMBER 16, 2009 857 11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle use area" [SR] for a single family zoning lot shall be one thousand four hundred (1,400) square feet, 12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be developed in substantial conformance to the Landscaping Plans prepared by HKM Architects and Planners, dated December 10, 2004, last revised December 10, 2004. 13. Supplementary Conditions. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to substantial conformance to the following documents: a. Substantial conformance to the Preliminary PUD Plan, prepared by JEN Land Design, Inc., and dated July 8, 2004, last revised on November 17, 2004. b. Substantial conformance to the Preliminary Engineering Plan pages 1 through 8, prepared by Cowhey Gudmundson Leder, Ltd., and dated July 9, 2004, last revised on January 5, 2005. c. Substantial conformance to the Landscaping Plans, prepared by HKM Architects and Planners, dated December 10, 2004, last revised December 10, 2004. d. Substantial conformance to the Existing Tree Exhibit, prepared by Cowhey Gudmundson Leder, Ltd., and dated August 9, 2004. e. Substantial conformance to the Tree Inventory Description, dated August 2004. f. Substantial conformance to the Natural Resource Narrative for Bowes Creek Country Club, prepared by Cowhey Gudmundson Leder, Ltd., and dated July 9, 2004. g. Substantial conformance to the Proposed Product for the Regency at Bowes Creek County Club, provided within the Bowes Creek Estates development binder provided for the Planning and Development Commission, no date. h. For those active adult single family building elevations which do not provide 100% stucco or masonry street facing facades, a minimum 40% masonry shall be provided on the street facing façade, or other combination as approved by the Community Development Group. Additionally, where masonry is provided on a street facing façade, a minimum two foot return shall be provided on the adjoining side building façade. i. Proposed additions to residential structures on the subject property shall be limited to the rear elevation and no additions shall be permitted to the front or side elevations of residential structures. j. No dwelling unit on the subject property shall be occupied by any person contrary to the age restrictions to be provided for within the private covenants for the subject property which shall be in substantial conformance with Section 3B of the Second Amendment to Bowes Creek Annexation Agreement dated January 26, 2005. DECEMBER 16, 2009 VOLUME LXXIV 858 Additional Conditions: 4. Substantial conformance with the Petitioner‟s Statement of Purpose for Map Amendment for Bowes Creek Country Club, dated received August 19, 2009, and attachments as follows, with revisions as required by the Community Development Group: a. Site plans entitled “Bowes Creek Country Club 4th Amendment to Annexation Agreement – Variance Request for Decks,” Sheets 1-4, prepared by ESE Consultants, Inc., dated January 12, 2009 and last updated July 9, 2009. b. Individual detailed site plans entitled “Bowes Creek Country Club Villas - Showing examples of Most Restrictive (Smallest) Lot with Proposed Deck” Group Exhibit B, Sheets 1-10. 5. The departure shall be restricted to 121 lots within the Masters and Fairway Lots area. 6. Compliance with all applicable codes and ordinances. H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin Municipal Code, 1976, as amended. I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, and shall also be subject to paragraph G., Site Design, of this ordinance. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. L. Planned Developments. In this PSFR2 zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. VOLUME LXXIV DECEMBER 16, 2009 859 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. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings – Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor DECEMBER 16, 2009 VOLUME LXXIV 860 Presented: December 16, 2009 Passed: December 16, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: December 17, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Dunne, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Bicycle & Pedestrian Advisory Committee Minutes – November 2, 2009 Human Relations Commission Minutes – October 6 & November 3, 2009 Heritage Design Review Subcommittee Minutes – September 13 & October 13, 2009 Liquor Control Commission Minutes – November 4 & November 18, 2009 Zoning and Subdivision Hearing Board Minutes – September 2, 2009 Committee of the Whole Minutes – November 11 & November 18, 2009 City Council Minutes – November 18, 2009 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. He wished everyone a joyous and safe holiday and also made a plea for help for the various food pantries, and the clothing and toy drives. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Dunne, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The meeting adjourned at 8:58 p.m. s/ Diane Robertson January 13, 2009 Diane Robertson, City Clerk Date Approved