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Home My WebLink Aboutk - June 9, 2010 CC287 VOLUME LXXV JUNE 9, 2010 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on June 9, 2010, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. A moment of silence was observed and the Pledge of Allegiance was led by Councilmember Mike Warren. ROLL CALL Roll call was answered by Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: Councilmember Dunne and Councilmember Gilliam. MINUTES OF THE MAY 26, 2010, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Warren, to approve the May 26, 2010, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. COMMUNICATIONS Westminster Christian High School State Baseball Championship Proclamation A proclamation was read by Mayor Schock recognizing the Westminster Christian High School basketball team winning the 1-A Baseball State Championship. The team, coaches, and principal were introduced by the Mayor. The Mayor said the city was very proud of the team. The principal and coaches thanked the community for their support. The Mayor was presented with a team jersey, baseball, and a signed hat. RECOGNIZE PERSONS PRESENT Eleanor Richoz thanked everyone who participated in the Memorial Day services. JUNE 9, 2010 VOLUME LXXV 288 Michele Bachi said that she felt all dogs should be chipped and neutered. She feels both good and bad dog owners should be identified. She would like to start “touch a pit bull” type of event. John Collins said that he felt all dogs should be chipped and that the two pit pulls should not have been shot by the police. He also thanked the city for restriping Preston Avenue, but felt the stripping would be ripped off after the first snow plow went through. Dawn Garcia stated that people need to take care of their dogs. Pat Kline would like the police department to control speeding on Waverly Drive. She would like stop signs at more intersections and a lower speed limit. She also thanked Councilmember Prigge for getting the speed trailer placed on the street for a few days. Mayor Schock referred her request to the Neighborhood Services Committee. PETITION 08-10 APPROVED REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CC1 CENTER CITY DISTRICT, TO PERMIT THE ADAPTIVE USE OF AN EXISTING BUILDING AND CONSTRUCTION OF A NEW BUILDING TO PROVIDE FOR A MIXED USE RESIDENTIAL AND RETAIL DEVELOPMENT; PROPERTY LOCATED AT 51 SOUTH SPRING STREET, BY ARTSPACE PROJECTS, INC. AS APPLICANT, AND COMMUNITY COLLEGE DISTRICT NO. 509, AS OWNER Senior Planner Sarosh Saher reviewed the petition and noted that the Zoning and Subdivision Hearing Board recommended approval subject to conditions. Councilmember Steffen made a motion, seconded by Councilmember Warren, to approve Petition 08-10 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 10-119 ADOPTED AUTHORIZING EXECUTION OF AN ADDENDUM TO CONTRACT WITH LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-119 RESOLUTION AUTHORIZING EXECUTION OF AN ADDENDUM TO CONTRACT WITH LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS 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 VOLUME LXXV JUNE 9, 2010 289 addendum to contract on behalf of the City of Elgin with Local #439 International Association of Firefighters, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 9, 2010 Adopted: June 9, 2010 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass Ordinance Nos. G26-10 through G28-10 and adopt Resolution Nos. 10-111 through 10-120 (except 10-119 listed above) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 10-111 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR INTERCEPTOR SEWER ACCESS WITH THE VILLAGE OF SOUTH ELGIN Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-111 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR INTERCEPTOR SEWER ACCESS WITH THE VILLAGE OF SOUTH ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Second Amendment to the Intergovernmental Agreement For Interceptor JUNE 9, 2010 VOLUME LXXV 290 Sewer Access on behalf of the City of Elgin with the Village of South Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 9, 2010 Adopted: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-112 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING CERTAIN PUBLIC IMPROVEMENTS IN TALL OAKS SUBDIVISION WITH WYNDHAM DEERPOINT HOMES (UNITS 1, 2, AND 4) Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-112 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING CERTAIN PUBLIC IMPROVEMENTS IN TALL OAKS SUBDIVISION WITH WYNDHAM DEERPOINT HOMES (Units 1, 2, and 4) 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 Regarding Certain Public Improvements in Tall Oaks Subdivision (Units 1, 2, and 4) on behalf of the City of Elgin with Wyndham Deerpoint Homes, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXV JUNE 9, 2010 291 Presented: June 9, 2010 Adopted: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-113 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE WITH JP MORGAN CHASE BANK, N.A. AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-113 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT OF RESIGNATION, APPOINTMENT AND ACCEPTANCE WITH JP MORGAN CHASE BANK, N.A. AND THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. 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 an Agreement of Resignation, Appointment and Acceptance with JP Morgan Chase Bank, N.A. and The Bank of New York Mellon Trust Company, N.A. on behalf of the City of Elgin in connection with the Questek Manufacturing Corporation Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 9, 2010 Adopted: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk JUNE 9, 2010 VOLUME LXXV 292 RESOLUTION 10-114 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. (2010 NEIGHBORHOOD STREET REHABILITATION PROJECT-PARK STREET) Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-114 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. (2010 Neighborhood Street Rehabilitation Project-Park Street) 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 agreement no. 1 on behalf of the City of Elgin with Burns & McDonnell Engineering Company, Inc. for the 2010 Neighborhood Street Rehabilitation Project-Park Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 9, 2010 Adopted: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-115 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDED FACADE IMPROVEMENT PROGRAM AGREEMENT WITH RODNEY D. CAVITT (203-209 NATIONAL STREET AND 211-213 NATIONAL STREET) (PHASE 3) Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXV JUNE 9, 2010 293 Resolution No. 10-115 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDED FACADE IMPROVEMENT PROGRAM AGREEMENT WITH RODNEY D. CAVITT (203-209 National Street and 211-213 National Street) (Phase 3) 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 first amended facade improvement program agreement on behalf of the City of Elgin with Rodney D. Cavitt for the property commonly known as 203-209 National Street and 211-213 National Street (Phase 3), a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 9, 2010 Adopted: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-116 ADOPTED AUTHORIZING EXECUTION OF A TERMINATION AGREEMENT WITH SUNGARD PUBLIC SECTOR Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-116 RESOLUTION AUTHORIZING EXECUTION OF A TERMINATION AGREEMENT WITH SUNGARD PUBLIC SECTOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, Assistant City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a termination agreement on behalf of the City of Elgin JUNE 9, 2010 VOLUME LXXV 294 with SunGard Public Sector, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 9, 2010 Adopted: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-117 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SUNGARD PUBLIC SECTOR Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-117 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SUNGARD PUBLIC SECTOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, Assistant 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 SunGard Public Sector in connection with a City Wide NaviLine Suite Analysis, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXV JUNE 9, 2010 295 Presented: June 9, 2010 Adopted: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G26-10 PASSED GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE PAB PLANNED AREA BUSINESS DISTRICT (1350 EAST CHICAGO STREET) Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G26-10 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PHYSICAL FITNESS FACILITY IN THE PAB PLANNED AREA BUSINESS DISTRICT (1350 East Chicago Street) WHEREAS, written application has been made requesting conditional use approval for a physical fitness facility in the PAB Planned Area Business District; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 5, 2010, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit the establishment of a physical fitness facility in the PAB Planned Area Business District at 1350 East Chicago Street and legally described as follows: JUNE 9, 2010 VOLUME LXXV 296 That part of Section 17 and Section 20, both in Township 41 North, Range 9 East of the third principal meridian, described as follows: commencing at the northwest corner of the southwest quarter of aforesaid Section 17 and running thence North 87 degrees 51 minutes 25 seconds East, along the North line of said southwest quarter, 768.01 feet; thence South 1 degree 10 minutes 19 seconds East 863.50 feet; thence North 89 degrees 16 minutes 53 seconds West, 181.08 feet; thence South 3 degrees 1 minute 16 seconds West, 634 feet; thence South 64 degrees 35 minutes 31 seconds West, 228.44 feet; thence South 3 degrees 1 minute 16 seconds West, 558.98 feet; thence South 76 degrees, 33 minutes 8 seconds East, 687.59 feet; thence South 85 degrees 33 minutes 12 seconds East, 70.77 feet, for the point of beginning; thence South 3 degrees 59 minutes 42 seconds East, 441.64 feet, to the northerly line of Illinois Route 19 (Irving Park Road) as said road was dedicated by document no. 11200329; thence North 85 degrees 7 minutes 9 seconds East, along said northerly line, 166.84 feet; thence South 6 degrees 53 minutes 24 seconds East, along said line 15 feet; thence North 83 degrees 6 minutes 36 seconds East, along said line, 299.08 feet; thence North 4 degrees 13 minutes 28 seconds East, 56.69 feet; thence North 10 degrees 0 minutes 41 seconds West 373.45 feet; thence South 87 degrees 20 minutes 46 seconds West 425.36 feet; thence North 85 degrees 33 minutes 12 seconds West, 10.11 feet, to the point of beginning, excepting therefrom that part thereof deeded to the people of the State of Illinois, Department of Transportation, by deed recorded August 5, 1998 as Document Number 98688397 more specifically described as follows: that part of the northwest quarter of Section 20, Township 41 North, Range 9 East of the third principal meridian, in Cook County, Illinois described as follows: commencing at the northwest corner of said northwest quarter; thence north 88 degrees 28 minutes 34 seconds east 1,573.57 feet (bearings assumed for description purposes only) along the north line of said northwest quarter to the west right of way of Shales Parkway (Lovell Road) as established by document no. 88486058; thence south 9 degrees 48 minutes 16 seconds east, 4.55 feet to a bend in said right of way line; thence south 4 degrees 26 minutes 10 seconds west 36.64 feet, along said right of way line for the point of beginning; thence continuing south 4 degrees 26 minutes 10 seconds west, 20.00 feet, along said west right of way to the north right of way line of Chicago- Elgin Road (Illinois Route 19) as established by document no. 11200329; thence south 83 degrees 16 minutes 27 seconds west, 20.00 feet, along said north right of way line; thence north 43 degrees 51 minutes 19 seconds east, 30.90 feet to the point of beginning: also excepting there from that part dedicated for public street (a portion of Philips Way) by plat of dedication recorded June 7, 1990 as Document No. 90267579 more particularly described as follows: beginning at the northwest corner of the subject land; thence south 85 degrees 33 minutes 12 seconds east, a distance of 10.11 feet; thence north 87 degrees 20 minutes 46 seconds east, a distance of 4.00 feet to a line that is 14.00 feet, as measured perpendicular, easterly of and parallel with a line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning; thence south 03 degrees 59 minutes 42 seconds east, along said parallel line, a distance of 70.00 feet; thence south 86 degrees 00 minutes 18 seconds west, perpendicular to the last described VOLUME LXXV JUNE 9, 2010 297 line, a distance of 14.00 feet to the aforesaid line that bears south 03 degrees 59 minutes 42 seconds east from the point of beginning; thence north 03 degrees 59 minutes 42 seconds west, along said line, a distance of 71.58 feet to the point of beginning, situated in the City of Elgin, Cook County, Illinois and containing 4.57 acres more or less (Property commonly known as 1350 East Chicago Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Todd Simonsen, Simonsen’s New Athletic Place, L.L.C., d/b/a Snap Fitness, dated received March 25, 2010 and last revised April 16, 2010. 2. The physical fitness facility will be restricted to the tenant spaces at Suites 8, 9, and 10 located within the Highpoint Plaza Shopping Center at 1350 East Chicago Street. 3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 4. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 9, 2010 Passed: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: June 10, 2010 Published: June 11, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk JUNE 9, 2010 VOLUME LXXV 298 ORDINANCE G27-10 PASSED AMENDING ORDINANCE NO. G24-10 ESTABLISHING A LORD'S PARK ADVISORY TASK FORCE Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G27-10 AN ORDINANCE AMENDING ORDINANCE NO. G24-10 ESTABLISHING A LORD'S PARK ADVISORY TASK FORCE WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois Constitution; and WHEREAS, the City of Elgin as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City Council of the City of Elgin has determined that it is desirable to provide for a Lord's Park Advisory Task Force to assist and advise the City Council regarding the redevelopment and ongoing operations of Lord's Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS THAT ORDINANCE NUMBER G24-10 BE AND IS HEREBY AMENDED IN ITS ENTIRETY TO READ AS FOLLOWS: “Section 1. LORD'S PARK ADVISORY TASK FORCE CREATED: There is hereby created the Lord's Park Advisory Task Force for the purpose of advising, assisting and recommending policies to the City Council regarding the redevelopment and ongoing operation of Lord's Park. Section 2. MEMBERSHIP: A. The Lord's Park Advisory Task Force shall be composed of eleven (11) members. Nine (9) members shall be appointed by the city council and two city staff members shall be appointed by the city manager. The task force shall appoint one of the members of the task force as chairman. Each member shall serve for an indefinite term. The city council may at any time appoint successor members to the task force to replace then current members or to fill vacancies. B. Two members of the task force shall be members of the city council, two members shall be city staff members, one member shall be a member of the Parks and Recreation Board and six members shall be appointed from the public at large. VOLUME LXXV JUNE 9, 2010 299 Section 3. MEETINGS: The members of the Lord's Park Advisory Task Force shall meet as soon as is practicable and shall establish regular meeting dates. The Lord's Park Advisory Task Force may establish rules regarding the conduct of meetings and where not otherwise provided Roberts Rules of Order, Newly Revised, shall be taken. Minutes shall be taken at all meetings. All meeting shall be conducted in accordance with the Open Meetings Act. All meetings shall be held at the Lord's Park Pavilion or the Elgin Public Museum. Section 4. STAFF: The city manager, from time to time in his discretion, shall make available the service of the city’s professional staff to aid and cooperate with the Lord's Park Advisory Task Force in carrying out its responsibilities. Section 5. POWERS AND DUTIES: The Lord's Parks Advisory Task Force shall have the power and duty to evaluate and make recommendations to the city council regarding all aspects of the redevelopment and ongoing operations of Lord's Park including but not limited to: A. Meet with the public regarding Lord's Park. B. Meet with consultants retained by the city to assist the task force with developing recommendations to the city council regarding Lord's Park. C. Enlist volunteers to aid the task force in formulating recommendations regarding the redevelopment and ongoing operations of Lord's Park. D. Solicit donations to be applied toward the redevelopment and ongoing operations of Lord's Park. E. Recommend to the city council the applications for grants to support the redevelopment and ongoing operations of Lord's Park. F. Develop and recommend to the city council a long term master plan for the redevelopment and ongoing operation of Lord's Park. G. The task force shall present its recommendations to the city council on or before September 22, 2010, in order to coincide with the submission of the 2011 budget decision packages and the Parks and Recreation Master Plan. Section 6. DISSOLUTION OF TASK FORCE: The Lord's Parks Advisory Task Force shall automatically be dissolved on December 31, 2010. JUNE 9, 2010 VOLUME LXXV 300 Section 7. That all ordinances or parts of ordinance 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 from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 9, 2010 Passed: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: June 10, 2010 Published: June 11, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-118 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-118 REVISED RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Patrick Hudgens and David Teas be and are hereby reappointed as members of the Building Commission, each for a term to expire May 1, 2013. BE IT FURTHER RESOLVED that Jim Biever be and is hereby reappointed as a member of the Building Commission/HVAC Committee, for a term that expires May 1, 2013. BE IT FURTHER RESOLVED that David Teas be and is hereby reappointed as a member of the Building Commission/Plumbing Committee, for a term to expire on May 1, 2013. VOLUME LXXV JUNE 9, 2010 301 BE IT FURTHER RESOLVED that Fred Brach and Susanne Smith be and are hereby reappointed as members of the Centre Advisory Board, each for a term to expire July 1, 2011. BE IT FURTHER RESOLVED that Mary Camacho be and is hereby reappointed as a member of the Board of Fire and Police Commission, for a term to expire May 1, 2011. BE IT FURTHER RESOLVED that Dr. Franz Stockman and Ed Whitcomb be and are hereby reappointed as members of the Board of Health, each for a term to expire May 1, 2013. BE IT FURTHER RESOLVED that Joseph Vassallo be and is hereby reappointed as a member of the Hemmens Advisory Board, for a term to expire May 1, 2013. BE IT FURTHER RESOLVED that Robert Gilliam be and is hereby reappointed as a member of the Liquor Control Commission, for a term to expire April 30, 2012. BE IT FURTHER RESOLVED that Robert Siljestrom be and is hereby reappointed as a member of the Planning and Development Commission, for a term to expire July 1, 2011. BE IT FURTHER RESOLVED that Jeanine Seitz-Partridge be and is hereby appointed as a member of the Board of Health, for a term to expire May 1, 2013. BE IT FURTHER RESOLVED that Aloun Khotisene and Ana Ortiz be and are hereby appointed as members of the Human Relations Commission, each for a term to expire May 1, 2013. BE IT FURTHER RESOLVED that Bruce Dahlquist, Laurie Gibson-Aiello, William Lauderdale, Carl Missele, Cherie Murphy, John Prigge, Art Puotinen, Randy Reopelle, Peggie Stromberg, David Vogt, and Mike Warren be and are hereby appointed as members of the Lord's Park Advisory Task Force. s/ Ed Schock Ed Schock, Mayor Presented: June 9, 2010 Adopted: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk JUNE 9, 2010 VOLUME LXXV 302 RESOLUTION 10-120 ADOPTED APPROVING AND ADOPTING NEW CITY OF ELGIN SLOGAN AND LOGO Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-120 RESOLUTION APPROVING AND ADOPTING NEW CITY OF ELGIN SLOGAN AND LOGO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS , that the city council hereby approves and adopts the new slogan for the City of Elgin of "Elgin the City in the Suburbs" and the logo with respect thereto as set forth on Exhibit A attached to this resolution. s/ Ed Schock Ed Schock, Mayor Presented: June 9, 2010 Adopted: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G28-10 PASSED AMENDING ORDINANCE NUMBER G40-07 IN THE PAB PLANNED AREA BUSINESS DISTRICT (3091 U.S. ROUTE 20) Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXV JUNE 9, 2010 303 Ordinance No. G28-10 AN ORDINANCE AMENDING ORDINANCE NUMBER G40-07 IN THE PAB PLANNED AREA BUSINESS DISTRICT (3091 U.S. Route 20) WHEREAS, the territory herein described has previously been classified in the PAB Planned Area Business District pursuant to Ordinance No. G40-07; and WHEREAS, written application has been made to amend certain provisions within Ordinance No. G40-07; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 3, 2010 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 G40-07 classifying the territory herein described in the PAB Planned Area Business 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: Part of the Northwest Quarter of Section 17 and the Northeast Quarter of Section 18, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Southwesterly Corner of Lot 10 of Hidden Hill Subdivision as Recorded January 22, 1980 as Document No. 1534098; Thence South 22 Degrees 08 Minutes 55 Seconds West, Along the West Line of Aforesaid Hidden Hills Subdivision Extended Southwesterly, a Distance of 249.51 Feet to the Center Line of State Road (U.S. No. 20) for the Place of Beginning; Thence South 21 Degrees 59 Minutes 34 Seconds West, as Monumented, a Distance of 297.85 Feet; Thence North 66 Degrees 05 Minutes 44 Seconds West, as Monumented, a Distance of 439.79 Feet; Thence North 22 Degrees 07 Minutes 47 Seconds East, JUNE 9, 2010 VOLUME LXXV 304 as Monumented, a Distance of 311.39 Feet to the Center Line of Aforesaid State Road (U.S. No. 20); Thence South 64 Degrees 18 Minutes 32 Seconds East, Along the Center Line of Said State Road, a Distance of 236.54 Feet; Thence Southeasterly Along Said Center Line, Being Along a Curve to the Left, Having a Radius of 3211.36 Feet and Being Tangent to the Last Described Course, a Distance of 203.50 Feet to the Place of Beginning, in Elgin Township, Kane County, Illinois. Except Therefrom that Portion Described as Follows: Beginning at a P.K. Nail at the Southwest Corner of Moeller’s Subdivision per Document Number 1055792 also Being a Point on the Centerline of U.S. Route 20; Thence on an Assumed Bearing South 20 Degrees 54 Minutes 51 Seconds West 44.80 Feet; Thence Northwest 202.24 Feet Along a Curve to the Right, Having a Radius of 3247.35 Feet (Chord Bears North 67 Degrees 19 Minutes 41 Seconds West 202.21 Feet); Thence North 65 Degrees 32 Minutes 38 Seconds West 237.54 Feet; Thence North 20 Degrees 57 Minutes 21 Seconds East 44.61 Feet to Said Centerline of U.S. Route 20; Thence South 65 Degrees 27 Minutes 12 Seconds East 211.72 Feet to a Point on Said Centerline; Thence Southeast 228.05 Feet on a Curve to the Left, Having a Radius of 3325.00 Feet (Chord Bears South 67 Degrees 20 Minutes 05 Seconds East 228.00 Feet) on Said Centerline to the Point of Beginning, as Deed to the State of Illinois Department of Transportation, in Kane County, Illinois (Property Commonly Known as 3091 Route 20). Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PORI Planned Office Research Industrial District in accordance with the following provisions: A. Purpose and Intent. The purpose and intent of this PAB zoning district is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting populations, subject to the provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB 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. VOLUME LXXV JUNE 9, 2010 305 D. Zoning Districts - Generally. In this PAB 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 PAB zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB 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 PAB 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 PAB zoning district: Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the AB Area Business District: Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in the AB Area Business District: 1. Offices Division: "Offices" [SR] (UNCL). 2. Finance, Insurance, and Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 3. Services Division: Advertising (731). Barbershops (724). Beauty shops (723). Coin-operated laundries and dry cleaning (7215). Commercial, economic, sociological and educational research (8732). Commercial, physical, and biological research (8731). Computer programming, data processing and other computer- related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Garment pressing, and agents for laundries and dry cleaners (7212). Home health care services (808). Job training and vocational rehabilitation services (833). JUNE 9, 2010 VOLUME LXXV 306 Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Miscellaneous personal services not elsewhere classified (7299). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Photofinishing laboratories (7384). Photographic studios, portrait (722). Professional sports operators and promoters (7941). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Theatrical producers (792). Videotape rental (784). Vocational schools (824). Watch, clock and jewelry repair (763). 4. Retail Trade Division: Apparel and accessory stores (56). Building materials, hardware and garden supply (52). Carryout restaurants (5812). Catalog and mail-order houses (5961). Convenience food stores, operated on a twenty four (24) hour basis (5411). Direct selling establishments (5963). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). “Package Liquor Sales Establishment” [SR] (5921) limited to Units 107 & 108 of 3091 U.S. Route 20. Tobacco stores (5993). VOLUME LXXV JUNE 9, 2010 307 5. Agricultural Division: Dog grooming (0752). Landscape counseling and planning (0781). Veterinary services for household pets (0742). 6. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 7. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 8. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators' offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47 of this Title (UNCL). Local and suburban passenger transportation operators' offices (411). Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Conditional Uses: The following enumerated land uses shall be the onl y land uses allowed as a conditional use in the AB Area Business District: 1. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. JUNE 9, 2010 VOLUME LXXV 308 3. Services Division: Bowling centers (7933). Child daycare services (835). Dance halls (7911). "Home child daycare services" [SR] (8351). Membership organizations (86). Membership sports and recreation clubs (7997). Other schools and educational services (829). Physical fitness facilities (7991). 4. Retail Trade Division: Drive-in restaurants (5812). "Package liquor sales establishments" [SR] (5921). 5. Transportation, Communication, and Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). Pipelines, except natural gas (461). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 6. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.55 of this Title. G. Site Design. In this PAB 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 Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended, and as provided in this ordinance. In this VOLUME LXXV JUNE 9, 2010 309 PAB District, the use and development of land and structures shall be according to the above with the exception as listed below: Setbacks by Lot Line: In this PAB Zoning District, the minimum required "vehicle use area setback" [SR] from the south interior lot line shall be as follows: Interior Setback: The minimum required vehicle use area setback from the south interior lot line shall be one (1) foot. In this PAB District, the use and development of land and structures shall be subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, submitted by Richard L. Heimberg, Esq., dated received February 13, 2007. 2. Substantial conformance to the concept site plan, prepared by Jacob & Hefner Associates, P.C., dated last revised June 4, 2007. 3. Substantial conformance to the proposed Building Elevation Plans, prepared by W. Lloyd Christoph & Associates, LTD., dated received June 8, 2007. The color tones of the building must be approved by the Community Development Group. 4. Substantial conformance to the proposed Floor Plans, prepared by W. Lloyd Christoph & Associates, LTD., dated received June 8, 2007. 5. Substantial conformance to the proposed Landscape Plan, prepared by David McCallium Associates, INC., dated last revised June 6, 2007. 6. The color and design of the 8 foot transition fence along the east lot line must be approved by the Development Administrator. 7. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 8. Access easement and parking lot easement must be provided to allow shared access and parking lot interconnections between the subject property and the property to the west. Copies of these easement agreements will need to be submitted to the Community Development Department prior to the issuance of building permits. 9. Compliance with the Kane County and City of Elgin storm water control ordinances. 10. Compliance with all applicable codes and ordinances. JUNE 9, 2010 VOLUME LXXV 310 Additional Conditions. 1. Substantial conformance with the Statement of Purpose and Conformance dated March 23, 2010 submitted by Tushar Suvagia. 2. Substantial Conformance to the following exhibits submitted by Tushar Suvagia. a. ATS store fixtures and equipment plan dated March 23, 2010; b. Galleria of Elgin shopping center site plan dated March 23, 2010; c. Interior site plan layout dated March 23, 2010; d. Sign proposal exhibits, dated April 13, 2010; e. Interior photographs from other stores owned by applicant, dated March 23, 2010; 3. The package liquor establishment shall be limited to the tenant space 3091 U.S. Route 20, Units 107 and 108. 4. The one hundred feet necessary to maintain the appropriate distance shall be measured in a straight line from the exterior structure wall of the church to the exterior structure wall of the tenant space of the proposed “package liquor sales establishment”. 5. Compliance with all applicable codes and ordinances. H. Off-street Parking. In this PAB 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 PAB 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. Graphics. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Street Graphics of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PAB 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 PAB zoning district authorize such an application. VOLUME LXXV JUNE 9, 2010 311 L. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, as may be amended from time to time. 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 PAB zoning district and without necessitating that all other property owners authorize such an application. M. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, as may be amended from time to time. A conditional use may be requested by an individual property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners authorize such an application. N. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners authorize such an application. O. 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. P. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. 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. Q. 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. R. ARC Arterial Road Corridor Overlay District. Notwithstanding anything to the contrary in this ordinance, the use and the development of the subject property in this PAB zoning district shall also be subject to the regulations of the ARC JUNE 9, 2010 VOLUME LXXV 312 Arterial Road Corridor Overlay District. In the event of any conflict between the regulations in the ARC Arterial Road Corridor Overlay District and other provisions of this ordinance, the regulations of the ARC Arterial Road Corridor Overlay District shall control. Section 3. That this ordinance shall be in full force and effect immediately after the passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 9, 2010 Passed: June 9, 2010 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: June 10, 2010 Published: June 11, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Bicycle and Pedestrian Advisory Committee – March 2, 2010 and April 6, 2010 Emergency Telephone System Board – April 15, 2010 Parks and Recreation Advisory Board – March 30, 2010 Police Pension Fund Board of Trustees – January 28, 2010 Sales Tax Reports – May, 2010 Committee of the Whole Minutes for May 12, 2010 City Council Minutes for May 12, 2010 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. VOLUME LXXV JUNE 9, 2010 313 ADJOURNMENT Councilmember Prigge made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The meeting adjourned at 7:50 p.m. s/ Diane Robertson June 23, 2010 Diane Robertson, City Clerk Date Approved