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JULY 14, 2010 VOLUME LXXV
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, 2010, in the
Council Chambers. The meeting was called to order by Mayor Schock at 7:45 p.m. A moment
of silence was observed and the Pledge of Allegiance was led by Councilmember Bob Gilliam.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren,
and Mayor Schock. Absent: None.
MINUTES OF THE JUNE 23, 2010, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Warren made a motion, seconded by Councilmember Dunne, to approve the
June 23, 2010, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Councilmember Gilliam abstained.
COMMUNICATIONS
Parks & Recreation Month Proclamation
Mayor Schock read a proclamation recognizing July as Parks & Recreation Month. Randy
Reopelle, Parks & Recreation Director, accepted the proclamation. Mr. Reopelle encouraged
residents to visit the sixty-eight city parks and participate in any of the over one thousand
programs that are offered by the city.
RECOGNIZE PERSONS PRESENT
Chuck Keysor, president of the Northwest Neighbors Association, expressed support for the
inspection of foreclosed properties, looking particularly for illegal living spaces.
Crysta Anderson, president of the Southwest Neighborhood Association, expressed support for
the inspection of foreclosed properties.
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Jim McGough, a resident of River Park Place, expressed concerns about problems at the former
Road House establishment and the effects they had on the neighbors. He would like due
diligence done for any new business that might want to locate there. He wants quiet enjoyment
of his home.
Fran Cella expressed her support for inspections of foreclosed properties.
Dana Calloway, a resident of River Park Place, expressed her concerns about the noise and
clientele that came from the Road House.
Andrew Kwiatkowski, a resident of River Park Place, said there were frequent violations of the
noise ordinance by the Road House. He does not want to see past mistakes repeated there.
Alena Deering, a resident in the Road House area, expressed concerns about noise. She would
like to see liquor licenses restricted to 2:00 a.m. on the weekends and would like to have limited
parking from 2:00 a.m. until 6:00 a.m.
Steve Sturgill, a River Park Place resident, said that a good business will add value to the area,
but he does not want a 4:00 a.m. liquor license issued to that property again.
Marcy Wojak expressed concerns about the new business license and the effects it has on small
businesses. She wants city spending curtailed instead.
John Collins wanted to know about the attack on the Mayor by a pit-bull. He said the stories in
the newspapers were conflicting.
Tom Conro reported on Unity Fest and thanked the city and other sponsors for their support.
Jeffrey Gill, president of Northeast Neighborhood Association, expressed support for the
inspection of foreclosed homes.
Judy Robnett expressed support for the inspection of foreclosed homes. She would like to see
the Crime Free Lease Program linked to any of foreclosed properties.
BID 10-30 AWARDED TO ARROW ROAD CONSTRUCTION FOR 2010
NEIGHBORHOOD STREET RESURFACING PROGRAM
Councilmember Dunne made a motion, seconded by Councilmember Warren, to approve an
agreement with Arrow Road Construction for the 2010 Neighborhood Street Resurfacing
Program. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
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BID 10-032A AWARDED TO BROOK ELECTRIC DISTRIBUTION COMPANY FOR
2010 STREET LIGHTING MATERIALS
Councilmember Warren made a motion, seconded by Councilmember Steffen, to approve an
agreement with Brook Electric Distribution Company for the 2010 Street Lighting Materials.
Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren,
and Mayor Schock. Nays: None.
PETITION 31-09 APPROVED REQUESTING AMENDMENTS TO THE TEXT OF
TITLE 19, ZONING, OF THE ELGIN MUNICIPAL CODE; BY THE CITY OF ELGIN
Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve
Petition 31-09 subject to conditions.
Dave Waden, Senior Planner, reviewed the petition. He noted that there are three proposed
amendments. The first is in regards to projecting signs would be allowed in the NB and AB
districts on buildings built within ten feet of the lot line, the maximum allowable size of a sign
would be a maximum of twelve square feet, and fabric membrane mounted with at least two
rigid sides would be allowed.
The second amendment would allow LED signs for gas stations. They would be limited to the
display of gas prices and would only be allowed on free standing monument signs. Any sings to
be retrofitted will need to be brought into compliance.
The third amendment would allow for a rate of change on an LED sign to be no less than two
hours with an immediate transition.
Mr. Waden noted that the Planning and Development Commission recommended approval of the
amendments subject to conditions.
Councilmember Dunne asked if these signs would include cigarette prices and Mr. Waden said
they could not. Councilmember Dunne also asked about regulation of the condition of the fabric
on a sign. Mr. Waden said that was not addressed in the amendments and would be regulated by
the Code Department
Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren,
and Mayor Schock. Nays: None.
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PETITION 11-10 APPROVED REQUESTING A CONDITIONAL USE IN THE PAB
PLANNED AREA BUSINESS DISTRICT, TO PERMIT A PACKAGE LIQUOR SALES
ESTABLISHMENT; PROPERTY LOCATED AT 2320 NORTH RANDALL ROAD, BY
RANDALL WINE & SPIRITS, LLC., AS APPLICANTS, AND RANDALL PROPERTY
HOLDINGS, LLC., AS OWNER
Councilmember Kaptain made a motion, seconded by Councilmember Warren, to approve
Petition 11-10 subject to conditions.
Mr. Waden reviewed the petition noting that the Zoning and Subdivision Hearing Board
recommended approval subject to conditions.
Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren,
and Mayor Schock. Nays: None.
RESOLUTION 10-146 ADOPTED RATIFYING THE EXECUTION OF A FIRST
AMENDMENT TO THE ELGIN 457 GOVERNMENTAL DEFERRED
COMPENSATION PLAN & TRUST
Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-146
RESOLUTION
RATIFYING THE EXECUTION OF A FIRST AMENDMENT TO THE
ELGIN 457 GOVERNMENTAL DEFERRED COMPENSATION PLAN & TRUST
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of a First Amendment to the Elgin 457
Governmental Deferred Compensation Plan & Trust by Sean R. Stegall, City Manager, a copy of
which is attached hereto and made a part hereof.
s/ Ed Schock
Ed Schock, Mayor
JULY 14, 2010 VOLUME LXXV
334
Presented: July 14, 2010
Adopted: July 14, 2010
Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-147 ADOPTED AUTHORIZING EXECUTION OF FIRST
AMENDMENT TO ANNEXATION AGREEMENT WITH WAL-MART STORES, INC.,
SAM'S REAL ESTATE BUSINESS TRUST, AND SAM'S WEST, INC. (1000 S.
RANDALL ROAD)
Corporation Counsel William Cogley reviewed the proposed amendment. It includes the
following:
1. Wal-Mart has agreed to reduce the monument sign to be located on Bowes Road to the
size authorized by city ordinance.
2. There is agreement for additional landscaping for the north wall of the Sam‟s Club.
3. There is agreement to prohibit the overnight parking of campers.
4. Permeable pavers will not be used for the excess parking spaces, but storm water control
improvements will include three underground mechanical treatment structures known as
Nutrient System Baffle Boxes. There are also three proposed detention basins.
5. The City will reimburse Wal-Mart through sales tax revenues the lesser amount of the
costs of the Randall Road improvements or $8,000,000. It is estimate the actual cost of
the improvements will be $11 million.
6. Wal-Mart has agreed to a hiring preference for Elgin residents for initial employment
opportunities at the Wal-Mart supercenter and the Sam‟s Club.
Councilmember Dunne stated that he appreciated the responsiveness of Wal-Mart.
Councilmember Prigge asked if the hiring preference would be only during the initial hiring
period or on-going. A Wal-Mart representative said it is for the initial hiring period, but an on-
going practice is the norm.
Mayor Schock thanked Wal-Mart for addressing the concerns previously expressed. He said that
the road improvements were imposed by the county and noted that the city will be spending $8
million to get $40 million. He felt this will have a positive impact on the residents and will be
good for the city.
Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
VOLUME LXXV JULY 14, 2010
335
Resolution No. 10-147
RESOLUTION
AUTHORIZING EXECUTION OF FIRST AMENDMENT TO
ANNEXATION AGREEMENT WITH WAL-MART STORES, INC., SAM'S REAL ESTATE
BUSINESS TRUST, AND SAM'S WEST, INC.
(1000 S. Randall Road)
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 First Amendment to Annexation Agreement with Wal-Mart Stores, Inc.,
Sam's Real Estate Business Trust, and Sam's West, Inc. on 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: July 14, 2010
Adopted: July 14, 2010
Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G32-10 PASSED AMENDING PAB PLANNED AREA BUSINESS
DISTRICT ORDINANCE NO. G114-06 (ELGIN WAL-MART/SAM'S CLUB
SUDIVISION-1000 S. RANDALL ROAD)
Councilmember Gilliam made a motion, seconded by Councilmember Prigge, 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. G32-10
AN ORDINANCE AMENDING
PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G114-06
(Elgin Wal-Mart/Sam‟s Club Subdivision - 1000 South Randall Road)
WHEREAS, the territory described herein has previously been classified in the PAB
Planned Area Business District pursuant to Ordinance No. G114-06; and
WHEREAS, written application has been made to amend certain provisions within
Ordinance No. G114-06; and
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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 November 2, 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. G114-
06 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:
The boundaries herein before laid out in the „Zoning District Map‟, as amended,
be and are hereby altered by including in the PAB Planned Area Business District,
the following described property:
That part of the Southwest Quarter of Section 28, Township 41 North, Range 8
East, of the Third Principal Meridian, Kane County, Illinois, described as follows:
Commencing at the Northwest Corner of the Southwest Quarter of Section 28;
thence South 01 degree 04 minutes 22 seconds East on the West Line of said
Southwest Quarter, a distance of 22.91 feet to the southern line of County
Highway 17 (Bowes Road) and the Point of Beginning; thence North 88 degrees
49 minutes 04 seconds East, along said southern line of County Highway 17, a
distance of 1225.04 feet to the western line of County Highway 34 (Randall
Road); thence South 0 degrees 55 minutes 34 seconds East along said western line
of County Highway 34, a distance of 2608.12 feet to the South Line of the
Southwest Quarter of said Section 28; thence South 88 degrees 28 minutes 48
seconds West on the South Line of the Southwest Quarter of said Section 28, a
distance of 1218.39 feet to the West Line of the Southwest Quarter of said Section
28; thence North 01 degree 04 minutes 22 seconds West on the West Line of the
Southwest Quarter of said Section 28, a distance of 2615.28 feet to the Point of
Beginning.
Section 3. That the City Council of the City of Elgin hereby classifies the Subject
Property in the PAB Planned Area Business District in accordance with the following provisions:
A. Purpose and Intent. The purpose of the PAB Area Business District is to provide
commodities and services to several neighborhoods, and in some instances to a
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community wide or regional supporting population, subject to Chapter 19.60. A PAB
zoning district is most similar to, but departs from the standard requirements of the AB
zoning district.
B. Supplementary Regulations/Defined Terms. 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; provided, however, the "Dispersion" provision
set forth in paragraph (B) of the definition of "Alcoholic Liquor, Package Liquor Sales
Establishment" (Elgin Zoning Ordinance Section 19.90.015) shall not apply to the
"Package liquor sales establishments" approved as permitted uses. The exclusion of such
symbol [SR] shall not exempt such word or phrase from the applicable supplementary
regulation. The "Preliminary Site Plan" referred to in this ordinance shall mean the
Preliminary Site Plan by Atwell-Hicks referred to in Section 3G(1) hereof. "Subject
Property" referred to in this Ordinance shall mean the property legally described above in
Section 2 of this Ordinance. The "Outlots" shall mean those areas of the Subject Property
other than those portions or lots of the Subject Property improved with improvements
related to the Sam's Club store, Sam's gas station, and Wal-Mart store.
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.
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. Land Use. In this PAB zoning district, the use and development of land and structures
shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal
Code, 1976, as amended. The following enumerated “land uses” [SR] shall be the only
land uses allowed as a “permitted use” [SR] or as a “conditional use” [SR] in this PAB
zoning district:
1. Permitted Uses: The following enumerated land uses shall be the only
land uses allowed as a permitted use in this PAB Planned Area Business
District:
b. Offices Division:
"Offices" [SR] (UNCL).
c. Finance, Insurance, and Real Estate Division:
"Development sales offices" [SR] (UNCL).
Finance (including banks and bank branches), insurance, and real
estate; provided, however, that as to the Outlots a maximum total
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of two (2) stand-alone banks or bank branches shall be permitted,
which banks may include a drive-through.
d. Services Division:
Advertising (731).
Barbershops (724).
Beauty shops (723).
Dry cleaning without plant on premises (7215).
Computer rental and leasing (7377).
Mailing, reproduction, commercial art and photography, and
stenographic services (733).
Motion picture theaters (7832).
Photographic studios, portrait (722).
Security systems services (7382).
Watch, clock and jewelry repair (763).
f. Retail Trade Division:
Apparel and accessory stores (56).
Building materials, hardware, and garden supply (52).
Carryout restaurants accessory to “eating places.”
Drinking places (alcoholic beverages) (5813).
Drugstores and proprietary stores (591).
Eating places (5812), but limited to a maximum of two high
volume fast food/quick service restaurants including, by way of
example, but not limited to, McDonald's, Burger King, Wendy's,
White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza
Hut, A & W and Long John Silver‟s. Such high volume/fast
food/quick service restaurants shall not be deemed to include
(i) lower volume mid-value fast food restaurants including, by way
of example, but not limited to, Portillo's or Starbucks.
Florists (5992).
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Food stores (54).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified limited to
architectural supplies-retail; art dealers-retail; artists supply and
material stores-retail; baby carriages-retail; candle shops-retail; pet
stores-retail; pet shops-retail; picture frames, readymade-retail; and
telephone stores-retail (5999).
Miscellaneous shopping goods stores (594).
“Motor vehicle service stations” [SR] (554) and accessory “car
wash”, limited to a maximum of one such use for the entire
subdivision. Such use may further include an accessory “food
store.”
News dealers (5994).
Optical goods stores (5995).
"Outdoor eating and drinking facilities" [SR] (UNCL).
g. Agricultural Division:
Dog grooming (0752).
Veterinary services for household pets (0742).
h. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
i. Manufacturing Division:
Commercial printing occupying less than five thousand (5,000)
square feet of gross floor area (2752).
j. Transportation, Communication and Utilities Division:
Branch United States post offices (4311).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
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340
"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).
"Radio and television antennas" [SR] (UNCL).
"Satellite dish antennas" [SR] (UNCL).
"Treatment, transmission and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SR]
(UNCL).
k. Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the permitted 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 permitted uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
“Commercial operations yards” [SR] (UNCL) accessory to
principal buildings exceeding 130,000 square feet in floor area.
“Drive-through facilities” [SR], subject to the provisions of
Chapter 19.45 of this Title, provided, however, that such drive thru
facility shall be approved for a maximum of two (2) high volume
fast food/quick service restaurants, including, by way of example,
but not limited to, McDonald's, Burger King, Wendy's, White
Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza Hut, A
& W and Long John Silver‟s. Such high volume fast food/quick
service restaurants shall not be deemed to include (i) lower volume
mid-value fast food restaurants including, by way of example, but
not limited to, Portillo's or Starbucks.
"Fences and walls" [SR] (UNCL).
“Firearms sales” (5941), exclusively accessory to a sporting goods
store or general merchandise store, specifically limited to one each
for lot 5 and lot 6 as identified on the Full Build Out Preliminary
Plan and Landscape Plan prepared b y Atwell Hicks dated August
5, 2009, last revised June 14, 2010 (the "Full Build Out Plan").
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to
a permitted use allowed in this PAB Area Business District,
subject to the provisions of Chapter 19.47 of this Title.
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“Motor vehicle repair shop” [SR] (753) accessory to a general
merchandise store, specifically limited to one each for lot 5 and lot
6 as identified in the Full Build Out Plan.
"Outdoor display areas" [SR] (UNCL).
"Package liquor sales establishments" [SR] (5921) accessory to a
general merchandise store, specifically limited to two general
merchandise stores on lots 5 and 6 as identified on the Full Build
Out Plan.
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in this PAB Area Business District, subject
to the provisions of Chapter 19.45 of this Title.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR]
to a permitted use allowed in this PAB Area Business District,
subject to the provisions of Chapter 19.45 of this Title.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50
of this Title.
"Temporary uses" [SR] (UNCL).
2. Conditional Uses: The following enumerated land uses shall be the only
land uses allowed as a conditional use in this PAB Planned Area Business
District:
a. Municipal Services Division:
"Municipal facilities" [SR] on a zoning lot [SR] containing less
than two (2) acres of land.
b. Public Administration Division:
Public administration (J) on a zoning lot containing less than two
(2) acres of land.
c. Services Division:
Coin-operated amusement establishments (7993).
d. Retail Trade Division:
Firearms sales (5941), exclusively accessory to a sporting goods
store.
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"Package liquor sales establishments" [SR] (5921).
e. Transportation, Communication, and Utilities Division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted
on existing structures" [SR] (UNCL).
Pipelines, except natural gas (461).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
"Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators"
[SR] (UNCL).
f. 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.
"Drive-through facilities" [SR], subject to the provisions of
Chapter 19.45 of this Title.
"Master signage plan" [SR], subject to the provisions of Chapter
19.50 of this Title.
"Parking lots" [SR] (UNCL), subject to the provisions of Chapter
19.45 of this Title.
"Parking structures" [SR] (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.
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3. Additional Use Restrictions and Regulations for Outlots: Notwithstanding
the foregoing provisions of Sections 3E1 and 3E2 providing for the listing
of permitted uses and conditional uses, the following additional use
restrictions and regulations shall apply to the Outlots:
a. Not more than a total of two (2) stand-alone banks or bank
branches shall be located on all of the Outlots.
b. The following shall constitute prohibited uses on the Outlots:
video stores; laundromats; currency exchanges; payday loan
business; nail salons which are not accessory to a beauty shop
(723); tanning salons which are not accessory to a beauty shop
(723); tax return preparation business; dollar type discount stores;
rental furniture stores; "motor vehicle repair shops" [SR] (753);
and any other prohibited uses listed within Section 19.15.520
entitled "Land Use" for the Arterial Road Corridor Overlay
District, unless such land use is otherwise specifically listed as a
permitted or conditional use in Section 3E of this ordinance.
c. A maximum of two (2) high volume fast food/quick service
restaurants shall be located on all of the Outlots, including, by way
of example, but not limited to, McDonald's, Burger King, Wendy's,
White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza
Hut, A & W and Long John Silver‟s. Such high volume fast
food/quick service restaurants shall not be deemed to include
(i) lower volume mid-value fast food restaurants including, by way
of example, but not limited to, Portillo's or Starbucks.
F. Site Design. In this PAB Planned Area Business zoning district, except as
otherwise provided for herein, the use and development of land and structures
shall be subject to the provisions of Section 19.12, Site Design, of the Elgin
Municipal Code, as amended. In this PAB Zoning District, the site design
regulations shall be as follows:
1. Zoning Lots; Generally: In this PAB Zoning District, "zoning lots" [SR]
shall be subject to the provisions of Section 19.12.300 of this Title.
2. Lot Area: In this PAB Zoning District, there shall be no minimum
required "zoning lot area" [SR].
3. Lot Width: In this PAB Zoning District, there shall be no minimum
required "lot width" [SR] for a zoning lot.
4. Setbacks; Generally: In this PAB Zoning District, "setbacks" [SR] shall
be subject to the provisions of Section 19.12.400 of this Title.
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5. Setbacks by Lot Line: In this PAB Zoning District, the minimum required
"building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] for a
zoning lot shall be as follows:
a. Building Setbacks:
i. Street Setback: The minimum required building setback
from a "street lot line" [SR] shall be as follows:
Randall Road and Bowes Road: 50 feet.
Any Private Drive: 10 feet.
ii. Interior Setback: The minimum required building setback
from an "interior lot line" [SR] shall be six (6) feet.
iii. Transition Setback (applicable only to the Wal-Mart store):
The minimum required building setback from a “transition
lot line” [SR] shall be one hundred (100) feet, except the
pallet and bale storage area depicted on the Full Build Out
Plan shall be permitted within said setback.
b. Vehicle Use Area Setbacks:
i. Street Setback: The minimum required vehicle use area
setback from a "street lot line" [SR] shall be as follows:
Randall Road and Bowes Road: 25 feet.
Any Private Street: 6 feet.
ii. Interior Setback: For zoning lots with a vehicle use area,
the minimum required vehicle use area setback from an
interior lot line shall be six (6) feet.
iii. Transition Setback (applicable only to the Wal-Mart store):
The minimum required vehicle use area setback from a
“transition lot line” [SR] shall be fifty (50) feet.
6. Accessory Structures and Buildings: In this PAB Zoning District,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500 of this Title.
7. Yards; Generally: In this PAB Zoning District, a "street yard" [SR], a
"side yard" [SR], a "rear yard" [SR], or a "transition yard" [SR]
established by a required building setback or by the actual location of a
building shall be subject to the provisions of Section 19.12.600 of this
Title.
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8. Landscape Yards: In this PAB Zoning District, landscape yards shall be as
follows:
a. Vehicle Use Area Landscape Yards: The yards established by
vehicle use area setbacks shall be used as "vehicle use area
landscape yards" [SR] with the exception of access driveways as
provided in Sections 19.45.110 and 19.45.120 of this Title. Vehicle
use area landscape yards shall be subject to the provisions of
Section 19.12.700 of the zoning ordinance.
b. Interior Landscape Yards: "Interior landscape yards" [SR] shall be
installed on a zoning lot featuring a "vehicle use area" [SR], which
exceeds five thousand (5,000) square feet in area, subject to the
provisions of Section 19.12.700 of this Title.
9. Floor Area: In this PAB zoning district, the maximum "floor area" for a
zoning lot shall not exceed 60% of the total zoning lot area.
10. Building Coverage: In this PAB zoning district, the maximum "building
coverage" [SR] for a zoning lot shall not exceed 40% of the total zoning
lot area.
G. Site Design and Architectural Design. In this PAB zoning district, all site
development and buildings shall be designed, constructed and maintained in
substantial conformance to the following development plans and/or regulations:
1. Substantial conformance to the petitioner‟s Statement of Purpose and
Development Plan and attachments as follows, with revisions as required
by the Community Development Group:
A. Site Plans Prepared by Atwell, LLC:
1. Full Build-out Preliminary Plan and Landscape Plan, dated August
5, 2009 and last revised June 14, 2010
2. Phased Landscape Plan for Walmart, dated April 22, 2010 and last
revised June 14, 2010
3. Phased Layout Plan for Walmart, dated April 22, 2010 and last
revised June 14, 2010
4. Phased Utility Plan for Walmart, dated June 14, 2010
5. Full Build-out Preliminary Utility Plan, dated June 14, 2010
6. Elgin Walmart-Sam‟s Club, Disturbance Sequence Plan, dated
November 7, 2008 and last revised on June 9, 2010
B. Elevation Drawings Prepared by PB2 Architecture Engineering:
1. Walmart Store #1814 and Sam‟s Club Store #4942 Elevations and
Perspective Views (Sheet 1 of 7) dated June 15, 2010
JULY 14, 2010 VOLUME LXXV
346
2. Sam‟s Club Store #4942 Elevations and Perspective Views (Sheet
3 of 7) dated August 24, 2009
3. Sam‟s Club Store #4942 Elevations and Perspective Views (Sheet
4 of 7) dated August 24, 2009
4. Reserve drive perspective (Sheet 7 of 7), dated August 24, 2009
5. Sam‟s Club Store #4942 Perspective Views from Bowes Road and
Truck well screening dated December 30, 2009 and last revised on
January 11, 2010
6. Walmart Store #1814 New Signage Schedule, (Sheet 1), dated July
29, 2009
7. Walmart Store #1814 Elevations and Perspective Views (Sheet 1
of 2) dated June 15, 2010
8. Walmart Store #1814 Elevations and Perspective Views (Sheet 2
of 2) dated May 15, 2010
9. Proposed Landscaping for Walmart Sidewalk (Sheet 3) dated April
21, 2009
C. Elevation Drawings Prepared by Shade Lawrence O‟Quinn Architects:
1. Site Signage for Walmart and Sam‟s Club, (Sheet 1), , dated
December 31, 2009
2. Sam‟s Club Store #4942 Elevations (Sheet 1 of 2), dated
September 8, 2009
3. Sam‟s Club Store #4942 Elevations (Sheet 2 of 2), dated
September 8, 2009
2. Conformance with all applicable codes and ordinances.
3. Buildings and building additions other than the Sam's Club building and
the Wal-Mart building identified in paragraph 1 above shall be subject to
the general requirements of Chapter 19.14 – Architectural Review and
Design of the Elgin Municipal Code and the following additional
regulations:
a. Building Materials. A minimum of eighty percent of each building
façade shall be constructed of brick, stone, wood, stucco, or
cement fiberboard. A maximum of twenty percent of each
building façade pertaining to architectural elements, accents or
sign bands may be constructed of Exterior Insulation Finishing
System, decorative concrete block, premanufactured concrete
panels, or other synthetic materials such as aluminum or vinyl
siding products.
b. Architecture. Each building façade shall incorporate a minimum
of six architectural features including, but not limited to,
windowsills, lintels, fabric awnings, columns, stone watercourses,
offsets, cornices, capstones, parapets, or alternating brick design.
VOLUME LXXV JULY 14, 2010
347
c. Windows and entryways. Windows and entryways shall be
emphasized by utilizing awnings or other dominant architectural
features. These features should be further highlighted through the
use of stone windowsills and lintels and alternate brick design such
as soldier courses.
d. All refuse enclosures shall be constructed fully of masonry
materials matching the principal building and shall be affixed
structurally as part of the primary building wall systems.
e. Outdoor eating and drinking areas shall be enclosed by a minimum
3-foot wrought iron or aluminum open fencing. Solid masonry
walls will also be permitted. The use of stone or masonry columns
within the fence design is encouraged.
f. Departures. Departures to the above design guidelines may be
granted through Chapter 19.65, Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. An application for conditional
use may be filed by an individual property owner without
necessitating that all other property owners in the development
authorize such application.
4. Except for the Sam's Club development, and the Wal-Mart development
identified in the Preliminary Plat of Subdivision, prior to any other or
further development of the Subject Property the owner of the Subject
Property to be developed shall be required to submit a development plan
to the city for a public hearing and City Council approval pursuant to the
provisions of Chapter 19.60, Planned Developments, of the Elgin
Municipal Code, 1976, as amended.
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, as amended, except as follows:
1. A departure is hereby granted from the requirement for the use of
permeable surfacing materials which is otherwise required by Elgin Municipal
Code Section 19.45.170B5.
2. The overnight parking of recreational vehicles including motor homes,
recreational trailers, campers (including pickup camper units), and fifth-wheel
trailers is prohibited on the subject property and on any and all lots subject to the
provisions of this ordinance.
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.
JULY 14, 2010 VOLUME LXXV
348
J. Signs. 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,
except as follows:
1. Building signage for the Walmart Store shall be in substantial
conformance to the Walmart Store #1814 New Signage Schedule, (Sheet 1), dated
July 29, 2009, prepared by PB2 Architecture.
2. Building signage for Sam's Club Store shall be submitted for the review
and approval of the Community Development Group and shall be designed and
executed with standards similar to those used for the Walmart Store, as specified
in Section J.1 of this ordinance.
3. Site Monument signage shall be in substantial conformance to the Site
Signage for Walmart and Sam's Club, (Sheet 1) dated December 31, 2009,
prepared by Shade Lawrence, O'Quinn Architects.
4. All other signage, shall comply with the provisions of Chapter 19.50 and
shall be submitted with a sign permit application to the Director of Community
Development for approval. Such freestanding signage shall also have materials
and coloring consistent with the Sign Elevation Drawings referred to in
subparagraph 3 above.
K. 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, of the Elgin Municipal Code, 1976, as amended.
L. Conditional Uses. In this PAB 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. An application for conditional use may be
filed by an individual property owner without necessitating that all other property
owners in the development authorize such application.
M. Variations. In this PAB zoning district, application for variation shall be subject
to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code,
1976, as amended. An application for variation may be filed by an individual
property owner without necessitating that all other property owners in the
development authorize such application.
N. 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.
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.
VOLUME LXXV JULY 14, 2010
349
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: July 14, 2010
Passed: July 14, 2010
Vote: Yeas: 7 Nays: 0
Recorded: July 15, 2010
Published: July 16, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-148 ADOPTED APPROVING PRELIMINARY SITE EXHIBITS FOR
THE ELGIN WAL-MART SAM'S CLUB SUBDIVISION (1000 S. RANDALL ROAD)
Councilmember Warren made a motion, seconded by Councilmember Prigge, 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. 10-148
RESOLUTION
APPROVING PRELIMINARY SITE EXHIBITS FOR
THE ELGIN WAL-MART SAM'S CLUB SUBDIVISION
(1000 S. Randall Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby approves the following preliminary site exhibits prepared by Atwell Hicks LLC for
the Elgin Wal-Mart Sam's Club Subdivision: Full Build-out Preliminary Plan and Landscape
Plan dated August 5, 2009 and last revised June 14, 2010; Phased Landscape Plan for Wal-Mart
dated April 22, 2010 and last revised June 14, 2010, and Phased Layout Plan for Wal -Mart dated
April 22, 2010 and last revised June 14, 2010.
The approval granted by this resolution is tentative in nature, involving the general
acceptability of the layout as submitted, and shall not qualify the plans for recording.
Application for final approval shall be made not later than one year after the date of this
JULY 14, 2010 VOLUME LXXV
350
resolution and must be supported by such drawings, specifications and monetary assurance as
may be necessary to demonstrate compliance with applicable statutes and ordinances.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-149 ADOPTED AUTHORIZING EXECUTION OF FIRST
AMENDED ECONOMIC INCENTIVE AGREEMENT WITH WAL-MART STORES,
INC., SAM'S REAL ESTATE BUSINESS TRUST, AND SAM'S WEST, INC. (1000 S.
RANDALL ROAD)
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.
Resolution No. 10-149
RESOLUTION
AUTHORIZING EXECUTION OF FIRST AMENDED ECONOMIC INCENTIVE
AGREEMENT WITH WAL-MART STORES, INC., SAM'S REAL ESTATE
BUSINESS TRUST, AND SAM'S WEST, INC.
(1000 S. Randall Road)
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 First Amended Economic Incentive Agreement with Wal-Mart Stores, Inc.,
Sam's Real Estate Business Trust, and Sam's West, Inc. on behalf of the City of Elgin for
economic development assistance in connection with the development of 1000 S. Randall Road,
a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXV JULY 14, 2010
351
Presented: July 14, 2010
Adopted: July 14, 2010
Vote: Yeas: 7 Nays: 0
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
ILL EPA Fiscal Services Section
Springfield, IL
$ 20,000.00 Annual NPDES Permit for combined
sewer overflow
CONSENT AGENDA
By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember
Warren, to pass Ordinance Nos. G31-10, T25-10, T26-10 and adopt Resolution Nos. 10-131
through 10-145 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam,
Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
RESOLUTION 10-131 ADOPTED AUTHORIZING EXECUTION OF A HOME
INVESTMENT PARTNERSHIPS PROGRAM CONSORTIUM AGREEMENT WITH
THE COUNTY OF KANE
Councilmember Dunne 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. 10-131
RESOLUTION
AUTHORIZING EXECUTION OF A HOME INVESTMENT PARTNERSHIPS PROGRAM
CONSORTIUM AGREEMENT WITH THE COUNTY OF KANE
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
JULY 14, 2010 VOLUME LXXV
352
directed to execute a HOME Investment Partnerships Program Consortium Agreement on behalf
of the City of Elgin with the County of Kane for the 2010 HOME Program Year, a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-132 ADOPTED AUTHORIZING EXECUTION OF A MASTER
TREASURY MANAGEMENT AGREEMENT WITH FIFTH THIRD BANK FOR
BANKING SERVICES
Councilmember Dunne 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. 10-132
RESOLUTION
AUTHORIZING EXECUTION OF A MASTER TREASURY
MANAGEMENT AGREEMENT WITH FIFTH THIRD BANK
FOR BANKING SERVICES
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 Master Treasury Management Agreement on behalf of the
City of Elgin with Fifth Third Bank for banking services, a copy of which is attached hereto and
made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXV JULY 14, 2010
353
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-133 ADOPTED RATIFYING THE EXECUTION OF A LETTER
AGREEMENT WITH ARCH INSURANCE COMPANY (KIMBALL HILL HOMES,
INC.-WATERFORD SUBDIVISION-NEIGHBORHOODS 1, 2 AND 3)
Councilmember Dunne 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. 10-133
RESOLUTION
RATIFYING THE EXECUTION OF A LETTER AGREEMENT
WITH ARCH INSURANCE COMPANY
(Kimball Hill Homes, Inc. - Waterford Subdivision - Neighborhoods 1, 2 and 3)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of a letter agreement with Arch Insurance
Company by Sean R. Stegall, City Manager, regarding payment of certain costs allocated among
the three bonds relating to the Waterford Subdivision Neighborhoods 1, 2 and 3, a copy of which
is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
JULY 14, 2010 VOLUME LXXV
354
RESOLUTION 10-134 ADOPTED RATIFYING THE EXECUTION OF AN
AGREEMENT WITH TROTTER AND ASSOCIATES, INC. (KIMBALL HILL HOMES,
INC.-WATERFORD SUBDIVISION-UNITS 1, 2 AND 3)
Councilmember Dunne 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. 10-134
RESOLUTION
RATIFYING THE EXECUTION OF AN AGREEMENT
WITH TROTTER AND ASSOCIATES, INC.
(Kimball Hill Homes, Inc. - Waterford Subdivision - Units 1, 2 and 3)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of an agreement with Trotter and Associates,
Inc. by Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, regarding inspection of
the public improvements, report and punchlist evaluation for Units 1, 2 and 3 of the Waterford
Subdivision, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-135 ADOPTED RATIFYING THE EXECUTION OF A REAL
ESTATE CONTRACT (222 VILLA STREET-NSP PROPERTY)
Councilmember Dunne 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 LXXV JULY 14, 2010
355
Resolution No. 10-135
RESOLUTION
RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT
(222 Villa Street-NSP Property)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of a Real Estate Sales Contract on behalf of the
City of Elgin by Sean R. Stegall, City Manager, with the U.S. Department of Housing and Urban
Development for the purchase of property commonly known as 222 Villa Street, Elgin, for
$115,420, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-136 ADOPTED RATIFYING THE EXECUTION OF A REAL
ESTATE CONTRACT (212 FRANKLIN BOULEVARD-NSP PROPERTY)
Councilmember Dunne 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. 10-136
RESOLUTION
RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT
(212 Franklin Boulevard-NSP Property)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of a Real Estate Sales Contract on behalf of the
City of Elgin by Sean R. Stegall, City Manager, with the U.S. Department of Housing and Urban
JULY 14, 2010 VOLUME LXXV
356
Development for the purchase of property commonly known as 212 Franklin Boulevard, Elgin,
for $78,400, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-137 ADOPTED AUTHORIZING EXECUTION OF A
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) AGREEMENT WITH
HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY (108-110 SOUTH
CHANNING STREET)
Councilmember Dunne 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. 10-137
RESOLUTION
AUTHORIZING EXECUTION OF A NEIGHBORHOOD STABILIZATION
PROGRAM (NSP) AGREEMENT WITH
HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY
(108-110 South Channing Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and
directed to execute a Neighborhood Stabilization Program (NSP) Agreement on behalf of the
City of Elgin with Habitat For Humanity of Northern Fox Valley for the rehabilitation and sale
of the property commonly known as 108-110 South Channing Street, a copy of which is attached
hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXV JULY 14, 2010
357
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-138 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
SALES CONTRACT (108-110 SOUTH CHANNING STREET)
Councilmember Dunne 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. 10-138
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
(108-110 South Channing Street)
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 real estate sales contract on behalf of the City of Elgin with Habitat For
Humanity of Northern Fox Valley, for the sale of property commonly known as 108-110 South
Channing Street, Elgin, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
JULY 14, 2010 VOLUME LXXV
358
RESOLUTION 10-139 ADOPTED AUTHORIZING EXECUTION OF A
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) AGREEMENT WITH
HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY (485 EAST CHICAGO
STREET)
Councilmember Dunne 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. 10-139
RESOLUTION
AUTHORIZING EXECUTION OF A NEIGHBORHOOD STABILIZATION
PROGRAM (NSP) AGREEMENT WITH
HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY
(485 East Chicago Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and
directed to execute a Neighborhood Stabilization Program (NSP) Agreement on behalf of the
City of Elgin with Habitat For Humanity of Northern Fox Valley for the rehabilitation and sale
of the property commonly known as 485 East Chicago Street, a copy of which is attached hereto
and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-140 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
SALES CONTRACT (485 EAST CHICAGO STREET)
Councilmember Dunne 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 LXXV JULY 14, 2010
359
Resolution No. 10-140
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
(485 East Chicago Street)
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 real estate sales contract on behalf of the City of Elgin with Habitat For
Humanity of Northern Fox Valley, for the sale of property commonly known as 485 East
Chicago, Elgin, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-141 ADOPTED AUTHORIZING EXECUTION OF A
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) AGREEMENT WITH
HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY (355 MOSELEY
STREET)
Councilmember Dunne 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. 10-141
RESOLUTION
AUTHORIZING EXECUTION OF A NEIGHBORHOOD STABILIZATION
PROGRAM (NSP) AGREEMENT WITH
HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY
(355 Moseley Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and
directed to execute a Neighborhood Stabilization Program (NSP) Agreement on behalf of the
JULY 14, 2010 VOLUME LXXV
360
City of Elgin with Habitat For Humanity of Northern Fox Valley for the rehabilitation and sale
of the property commonly known as 355 Moseley Street, a copy of which is attached hereto and
made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-142 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
SALES CONTRACT (355 MOSELEY STREET)
Councilmember Dunne 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. 10-142
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
(355 Moseley Street)
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 real estate sales contract on behalf of the City of Elgin with Habitat For
Humanity of Northern Fox Valley, for the sale of property commonly known as 355 Moseley
Street, Elgin, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXV JULY 14, 2010
361
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-143 ADOPTED AUTHORIZING EXECUTION OF A
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) AGREEMENT WITH
HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY (511 WASHBURN
STREET)
Councilmember Dunne 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. 10-143
RESOLUTION
AUTHORIZING EXECUTION OF A NEIGHBORHOOD STABILIZATION
PROGRAM (NSP) AGREEMENT WITH
HABITAT FOR HUMANITY OF NORTHERN FOX VALLEY
(511 Washburn Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and
directed to execute a Neighborhood Stabilization Program (NSP) Agreement on behalf of the
City of Elgin with Habitat For Humanity of Northern Fox Valley for the rehabilitation and sale
of the property commonly known as 511 Washburn Street, a copy of which is attached hereto
and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
JULY 14, 2010 VOLUME LXXV
362
RESOLUTION 10-144 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE
SALES CONTRACT (511 WASHBURN STREET)
Councilmember Dunne 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. 10-144
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT
(511 Washburn Street)
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 real estate sales contract on behalf of the City of Elgin with Habitat For
Humanity of Northern Fox Valley, for the sale of property commonly known as 511 Washburn
Street, Elgin, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-145 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
Councilmember Dunne 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 LXXV JULY 14, 2010
363
Resolution No. 10-145
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Jack Roder be and is hereby appointed as a member of the Centre Advisory Board, for a
term to expire July 1, 2011.
BE IT FURTHER RESOLVED that David Hudik be and is hereby appointed as a
member of the Elgin Emergency Telephone system Board, for a term that expires May 1, 2013.
BE IT FURTHER RESOLVED that William Ristow be and is hereby reappointed as a
member of the Heritage Commission, for a term that expires May 1, 2013.
BE IT FURTHER RESOLVED that William Briska, Betsy Couture, Paul Durrenberger,
Patricia Miller, Dennis Roxworthy, Steven Stroud, and John Wiedmeyer be and are hereby
reappointed as members of the Heritage commission/Design Review Subcommittee, each for a
term that expires May 1, 2011.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Adopted: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G31-10 PASSED AMENDING CHAPTER 12.08 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PUBLIC PARKS; GENERAL
REGULATIONS"
Councilmember Dunne made a motion, seconded by Councilmember Warren, 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. G31-10
JULY 14, 2010 VOLUME LXXV
364
AN ORDINANCE
AMENDING CHAPTER 12.08 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED “PUBLIC PARKS; GENERAL REGULATIONS”
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 12.08 of the Elgin Municipal Code, 1976, as amended, entitled
“Public Parks; General Regulations,” be and is hereby further amended by amending
Section 12.08.010.S to read as follows:
S. No person shall be permitted to sell any article or services whatsoever on any
city park property, except (1) when an event is sponsored or cosponsored by
the Elgin parks and recreation department, or (2) when such sale is for the
provision of recreational activities or services pursuant to a written agreeme nt
with the City of Elgin expressly permitting the sale of such activities or
services and such other articles or services related and accessory to said
recreational activities or services. For sales during an event sponsored or
cosponsored by the Elgin parks and recreation department, the cosponsor may
apply in writing to obtain a permit to sell articles or services at and during the
event. Upon the granting of such permit, the cosponsor may sell permitted
articles or services at and during the event. For sales pursuant to a written
agreement with the city, such sales shall be permitted solely in accordance
with the terms of the agreement.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: July 14, 2010
Passed: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 15, 2010
Published: July 16, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXV JULY 14, 2010
365
ORDINANCE T25-10 PASSED AMENDING ORDINANCE NO. T28-08 BEING AN
ORDINANCE ESTABLISHING THE AMENDED HIGHLAND WOODS SUBDIVISION
SPECIAL SERVICE AREA OF ELGIN, ILLINOIS, (SSA #18) PROVIDING FOR THE
LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COSTS OF PROVIDING
SPECIAL SERVICES IN AND FOR SUCH AREA, TO CORRECT A SCRIVENER'S
ERROR IN THE LEGAL DESCRIPTION SET FORTH THEREIN, AND TO PROVIDE
FOR THE INCLUSION OF NEIGHBORHOOD "J"
Councilmember Dunne made a motion, seconded by Councilmember Warren, 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. T25-10
AN ORDINANCE AMENDING ORDINANCE NO. T28-08
BEING AN ORDINANCE ESTABLISHING THE AMENDED HIGHLAND WOODS
SUBDIVISION SPECIAL SERVICE AREA OF ELGIN, ILLINOIS, (SSA #18), PROVIDING
FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE COSTS OF
PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA, TO CORRECT A
SCRIVENER‟S ERROR IN THE LEGAL DESCRIPTION SET FORTH THEREIN, AND TO
PROVIDE FOR THE INCLUSION OF NEIGHBORHOOD “J”
WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the
1970 Constitution of the State of Illinois; and
WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of
Illinois, a home rule unit may exercise any power and perform any function pertaining to its
government and affairs for the protection for the public health, safety, morals and welfare; and
WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of
the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS
200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and
WHEREAS, on October 25, 2006, the City Council of the City of Elgin adopted
Ordinance No. T38-06 being an ordinance establishing the Highland Woods/Foy Property
Subdivision Special Service Area of Elgin, Illinois (SSA #18) providing for the levy of taxes for
the purpose of paying the cost of providing special services in and for such area and was
thereafter recorded with the Kane County Recorder on December 28, 2006 as Document No.
2006K140483; and
WHEREAS, Ordinance No. T38-06 was amended to correct a scrivener‟s error in the
legal description set forth therein pursuant to Ordinance No. T28-08 and was thereafter recorded
with the Kane County Recorder on August 11, 2008 as Document No. 2008K064822; and
JULY 14, 2010 VOLUME LXXV
366
WHEREAS, it is the intention of the City of Elgin to amend Ordinance T28-08 to create
two separate and discrete special service areas for the Highland Woods Subdivision and the Foy
Property, hereinafter referred to as the Sandy Creek Estates Subdivision; and
WHEREAS, it is the intention of the developer of the Highland Woods Subdivision to
amend the boundaries of the subdivision with the addition of a neighborhood, that neighborhood
being additionally described as “Neighborhood J” and made a part of Exhibit A, and as depicted
on the map labeled Exhibit B, both exhibits being attached to and incorporated by reference into
this ordinance; and
WHEREAS, it has been discovered that the legal description set forth in Ordinance T28-
08 in Exhibit A thereof contains a scrivener‟s error; and
WHEREAS, it is the intention of the City Council of the City of Elgin for the Special
Service Area for the Highland Woods Subdivision to follow the subdivision boundaries of the
Highland Woods Subdivision and it is necessary and desirable to amend Ordinance T28 -08 to
include the additional territory within the subdivision and to correct the scrivener‟s error in the
legal description in Exhibit A thereto, and as depicted on the map labeled Exhibit B, both
exhibits being attached to and incorporated by reference into this ordinance; and
WHEREAS, the amended Highland Woods Subdivision Special Service Area (SSA#18)
is compact and contiguous and entirely located within the boundaries of the City; and
WHEREAS, the amended Special Service Area will benefit specially from the municipal
services to be provided by the City and that said municipal services are unique and in addition to
municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best
interests of the Special Service Area and the City of Elgin as whole that special taxes be levied
against the Special Service Area for the services to be provided; and
WHEREAS, the cost of the City providing the services shall be paid by the levy of a
direct annual ad valorem tax upon all taxable property within the Special Service Area; and
WHEREAS, said direct annual tax shall be levied upon all taxable property within the
Special Service Area for an indefinite period of time commencing during and in the years
subsequent to the date of this ordinance and shall be in addition to all other taxes permitted by
law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq.); and
WHEREAS, the amendment to the Special Service Area was proposed by the City
Council of the City of Elgin pursuant to Ordinance No. T20-10, entitled “An Ordinance
Proposing The amended Highland Woods Special Service Area (SSA#18) In The City Of Elgin,
Illinois And Providing For A Public Hearing And Other Related Procedures,” that ordinance
having been duly passed on March 31, 2010, and was considered at a public hearing held by the
City Council of the City of Elgin on April 28, 2010, at 7:00 p.m. in the City Council Chambers
of the Elgin City Hall, 150 Dexter Court, Elgin, Illinois (the “Hearing”); and
VOLUME LXXV JULY 14, 2010
367
WHEREAS, the notice of the Hearing was given by publication at least once not less than
fifteen (15) days prior to the Hearing in the Courier news, a newspaper of general circulation in
the City, a copy of that notice being attached to and incorporated into this ordinance as Exhibit
C; and
WHEREAS, the notice of the Hearing was also provided by mail, said notice being
deposited in the U.S. Mail on or before April 8, 2010, that date being not less than ten (10) days
prior to the time set for the Hearing. A copy of that notice being attached to and incorporated
into this ordinance as Exhibit D. The notice of Hearing was addressed to the person or persons in
whose name the general taxes for the last preceding year were paid on each lot, block, tract or
parcel of land lying within the Special Service Area, and in t he event taxes for the last preceding
year were not paid, the notice of the Hearing was sent to the person or persons last listed on the
tax rolls prior to that year as the owner or owners of said property; and
WHEREAS, the notice of Hearing complied with all applicable provisions and
requirements of the Act; and
WHEREAS, all interested persons affected by the establishment of the Special Service
Area or the tax levy to pay the cost of providing the services, including all owners of real estate
located within the Special Service Area, were given an opportunity to be heard at the Hearing
regarding the establishment of the Special Service Area and its associated tax levy and an
opportunity to file objections to the establishment of the Special Service Area or the tax levy;
and
WHEREAS, at the Hearing, all interested persons affected by the Special Service Area
were permitted to file with the City Clerk of the City of Elgin written objections to and to be
heard orally in respect to any issue embodied in the notice given of the Hearing; and
WHEREAS, the City Council of the City of Elgin has determined and does hereby
determine that it is in the public interest and in the interest of the City of Elgin and the amended
Special Service Area that the amended Special Service Area be established.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby
incorporated into this text as if set out herein in full.
Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on April
28, 2010 at 7:40 p.m.
Section 3. That Ordinance No. T28-08 amending the Highland Woods/Foy Property
Subdivision Special Service Area of Elgin, Illinois, (SSA #18) and providing for the levy of
taxes for the purpose of paying the costs of providing special services in and for such area be and
is hereby amended to create two separate and discrete special service areas for the Highland
JULY 14, 2010 VOLUME LXXV
368
Woods Subdivision and the Foy Property, hereinafter referred to as the Sandy Creek Estates
Subdivision.
Section 4. Establishment of the amended Special Service Area. The amended Highland
Woods Subdivision Special Service Area (SSA #18) of the City of Elgin is hereby established in
and for the City of Elgin and shall consist of the territory legally described in Exhibit A, which is
attached to and incorporated into this ordinance by reference. The amended Highland Woods
Subdivision Special Service Area (SSA #18) consists of approximately 577 acres lying west of
Coombs Road and north of U.S. Route 20 in the City of Elgin. An accurate map of the amended
Highland Woods Subdivision Special Service Area (SSA #18) is attached to and made part of
this ordinance as Exhibit B.
Section 5. Purpose for Establishing the amended Special Service Area. The purpose for
establishing the amended Highland Woods Subdivision Special Service Area (SSA #18) is to
provide services including the operation, maintenance, repair, rehabilitation, replacement and
reconstruction of any site runoff storage area, drainage way, ditch, swale, storm sewer, or other
stormwater facility; costs of design, engineering and other consulting services, surveying and
permits, public liability insurance, and all administrative, legal and other costs or expenses
incurred in connection therewith and with the administration of the amended Highland Woods
Subdivision Special Service Area (SSA #18), including the repayment of any loan or debt
incurred for the provision of such services. All of the services described in this section shall be in
and for the amended Highland Woods Subdivision Special Service Area (SSA #18) and all of the
described construction and improvements shall be on property in which the City will obtain an
interest sufficient for the provision of the services described in this section. All the services
described in this section are unique and in addition to services generally provided by the City.
Section 6. Tax Levy. The cost of the services described in Section 5 of this ordinance
shall be paid by the levy of a direct ad valorem tax upon all taxable property within the amended
Highland Woods Subdivision Special Service Area (SSA #18) for an indefinite period of time
commencing during and in the years subsequent to the date of this ordinance. Annual taxes shall
be assessed and levied for the amended Highland Woods Subdivision Special Service Area (SSA
#18) in an amount not to exceed an annual rate of 0.517 [E.g., ten one-hundredths percent (.10
percent, being 10 cents per 100 dollars)] of equalized assessed valuation thereof. These taxes
shall be in addition to all other taxes permitted by law and shall be levied pursuant to the
Property Tax Code (35 ILCS 200/1-1 et seq). Notwithstanding the foregoing, taxes shall not be
levied hereunder and the amended Highland Woods Subdivision Special Service Area (SSA #18)
shall remain abeyant and shall take effect only in the event the Home Owner‟s Association fails
to maintain, repair, replace or pay for the improvements described in Section 5 of this ordinance
and/or any related costs for those improvements, so as to require the City to assume those
responsibilities. During the years of development in the amended Highland Woods Subdivision
Special Service Area (SSA #18) and initially thereafter, the tax levies are intended to produce
approximately $342,600.00 annually for the cost of the services described in Section 5 of this
ordinance. The City, however, may annually levy up to the maximum rate specified herein for
the cost of the services described in Section 5 of this ordinance as said services become
necessary and are provided by the City.
VOLUME LXXV JULY 14, 2010
369
Section 7. The City Clerk is hereby directed to file a certified copy of this ordinance,
including its exhibits, in the Office of the Kane County Clerk and in the Office of the Kane
County Recorder following its passage and approval.
Section 8. That all ordinances or parts or ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 9. 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: July 14, 2010
Passed: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 15, 2010
Published: July 16, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE T26-10 PASSED AMENDING ORDINANCE NO. T28-08 BEING AN
ORDINANCE ESTABLISHING THE AMENDED SANDY CREEK ESTATE
SUBDIVISION (FOY PROPERTY) SPECIAL SERVICE AREA OF ELGIN, ILLINOIS,
(SSA #26) PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING
THE COSTS OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA, AND
TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION SET
FORTH THEREIN
Councilmember Dunne made a motion, seconded by Councilmember Warren, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
JULY 14, 2010 VOLUME LXXV
370
Ordinance No. T26-10
AN ORDINANCE AMENDING ORDINANCE NO. T28-08
BEING AN ORDINANCE ESTABLISHING THE AMENDED SANDY CREEK ESTATES
SUBDIVISION (FOY PROPERTY) SPECIAL SERVICE AREA OF ELGIN, ILLINOIS, (SSA
#26), PROVIDING FOR THE LEVY OF TAXES FOR THE PURPOSE OF PAYING THE
COSTS OF PROVIDING SPECIAL SERVICES IN AND FOR SUCH AREA, AND TO
CORRECT A SCRIVENER‟S ERROR IN THE LEGAL DESCRIPTION SET FORTH
THEREIN.
WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the
1970 Constitution of the State of Illinois; and
WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of
Illinois, a home rule unit may exercise any power and perform any function pertai ning to its
government and affairs for the protection for the public health, safety, morals and welfare; and
WHEREAS, special service areas are established pursuant to Article VII, Section 6(l) of
the 1970 Constitution of the State of Illinois and the Special Service Area Tax Law (35 ILCS
200/27-5, et seq.) and the Property Tax Code (35 ILCS 200/1-1 et seq.); and
WHEREAS, on October 25, 2006, the City Council of the City of Elgin adopted
Ordinance No. T38-06 being an ordinance establishing the Highland Woods/Foy Property
Subdivision Special Service Area of Elgin, Illinois (SSA #18) and providing for the levy of taxes
for the purpose of paying the cost of providing special services in and for such area and was
thereafter recorded with the Kane County Reco rder on December 28, 2006 as Document No.
2006K140483; and
WHEREAS, Ordinance No. T38-06 was amended to correct a scrivener‟s error in the
legal description set forth therein pursuant to Ordinance No. T28 -08 and was thereafter recorded
with the Kane County Recorder on August 11, 2008 as Document No. 2008K064822; and
WHEREAS, it is the intention of the City of Elgin to amend Ordinance T28-08 to create
two separate and discrete special service areas for the Highland Woods Subdivision and the Foy
Property, hereinafter referred to as the Sandy Creek Estates Subdivision; and
WHEREAS, it was the intention of the City Council of the City of Elgin for the Special
Service Area for the Sandy Creek Estates Subdivision to follow the subdivision boundaries of the
Sandy Creek Estates Subdivision and it is necessary and desirable to amend Ordinance T28-08 to
create such special service area as described in the legal description in Exhibit A thereto, and as
depicted on the map labeled Exhibit B, both exhibits being attached to and incorporated by
reference into this ordinance; and
WHEREAS, the amended Sandy Creek Estates Subdivision Special Service Area
(SSA#26) is compact and contiguous and entirely located within the boundaries of the City; and
VOLUME LXXV JULY 14, 2010
371
WHEREAS, the amended Special Service Area will benefit specially from the municipal
services to be provided by the City and that said municipal services are unique and in addition to
municipal services provided to the City of Elgin as a whole, and it is, therefore, in the best
interests of the Special Service Area and the City of Elgin as whole that special taxes be levied
against the Special Service Area for the services to be provided; and
WHEREAS, the cost of the City providing the services shall be paid by the levy of a
direct annual ad valorem tax upon all taxable property within the Special Service Area; and
WHEREAS, said direct annual tax shall be levied upon all taxable property within the
Special Service Area for an indefinite period of time commencing during and in the years
subsequent to the date of this ordinance and shall be in addition to all other taxes permitted by
law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1 et seq.); and
WHEREAS, the amendment to the Special Service Area was proposed by the City
Council of the City of Elgin pursuant to Ordinance No. T21-10, entitled “An Ordinance
Proposing The Amended Foy Property (Sandy Creek Estates Subdivision) Special Service Area
(SSA#26) In The City Of Elgin, Illinois And Providing For A Public Hearing And Other Related
Procedures,” that ordinance having been duly passed on March 31, 2010, and was considered at a
public hearing held by the City Council of the City of Elgin on April 28, 2010, at 7:00 p.m. in the
City Council Chambers of the Elgin City Hall, 150 Dexter Court, Elgin, Illinois (the “Hearing”);
and
WHEREAS, the notice of the Hearing was given by publication at least once not less than
fifteen (15) days prior to the Hearing in the Courier news, a newspaper of general circulation in
the City, a copy of that notice being attached to and incorporated into this ordinance as Exhibit
C; and
WHEREAS, the notice of the Hearing was also provided by mail, said notice being
deposited in the U.S. Mail on or before April 8, 2010, that date being not less than ten (10) days
prior to the time set for the Hearing. A copy of that notice being attached to and incorporated
into this ordinance as Exhibit D. The notice of Hearing was addressed to the person or persons in
whose name the general taxes for the last preceding year were paid on each lot, block, tract or
parcel of land lying within the Special Service Area, and in the event taxes for the last preceding
year were not paid, the notice of the Hearing was sent to the person or persons last listed on the
tax rolls prior to that year as the owner or owners of said property; and
WHEREAS, the notice of Hearing complied with all applicable provisions and
requirements of the Act; and
WHEREAS, all interested persons affected by the establishment of the Special Service
Area or the tax levy to pay the cost of providing the services, including all owners of real estate
located within the Special Service Area, were given an opportunity to be heard at the Hearing
regarding the establishment of the Special Service Area and its associated tax levy and an
opportunity to file objections to the establishment of the Special Service Area or the tax levy;
and
JULY 14, 2010 VOLUME LXXV
372
WHEREAS, at the Hearing, all interested persons affected by the Special Service Area
were permitted to file with the City Clerk of the City of Elgin written objections to and to be
heard orally in respect to any issue embodied in the notice given of the Hearing; and
WHEREAS, the City Council of the City of Elgin has determined and does hereby
determine that it is in the public interest and in the interest of the City of Elgin and the amended
Special Service Area that the amended Special Service Area be established.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby
incorporated into this text as if set out herein in full.
Section 2. Final Adjournment of Hearing. The Hearing was finally adjourned on April
28, 2010 at 7:50 p.m.
Section 3. That Ordinance No. T28-08 amending the Highland Woods/Foy Property
Subdivision Special Service Area of Elgin, Illinois, (SSA #18) and providing for the levy of
taxes for the purpose of paying the costs of providing special services in and for such area be and
is hereby amended to create two separate and discrete special service areas for the Highland
Woods Subdivision and the Foy Property, hereinafter referred to as the Sandy Creek Estates
Subdivision.
Section 4. Establishment of the amended Special Service Area. The amended Sandy
Creek Estates Subdivision (Foy Property) Special Service Area (SSA #26) of the City of Elgin is
hereby established in and for the City of Elgin and shall consist of the territory legally described
in Exhibit A, which is attached to and incorporated into this ordinance by reference. The
amended Sandy Creek Estates Subdivision (Foy Property) Special Service Area (SSA #26)
consists of approximately 63 acres lying north of U.S. Route 20 in the City of Elgin. An accurate
map of the amended Sandy Creek Estates Subdivision (Foy Property) Special Service Area (SSA
#26) is attached to and made part of this ordinance as Exhibit B.
Section 5. Purpose for Establishing the amended Special Service Area. The purpose for
establishing the amended Sandy Creek Estates Subdivision (Foy Property) Special Service Area
(SSA #26) is to provide services including the operation, maintenance, repair, rehabilitation,
replacement and reconstruction of any site runoff storage area, drainage way, ditch, swale, storm
sewer, or other stormwater facility; costs of design, engineering and other consulting services,
surveying and permits, public liability insurance, and all administrative, legal and other costs or
expenses incurred in connection therewith and with the administration of the amended Sandy
Creek Estates Subdivision (Foy Property) Special Service Area (SSA #26), including the
repayment of any loan or debt incurred for the provision of such services. All of the services
described in this section shall be in and for the amended Sandy Creek Estates Subdivision (Foy
Property) Special Service Area (SSA #26) and all of the described construction and
VOLUME LXXV JULY 14, 2010
373
improvements shall be on property in which the City will obtain an interest sufficient for the
provision of the services described in this section. All the services described in this section are
unique and in addition to services generally provided by the City.
Section 6. Tax Levy. The cost of the services described in Section 5 of this ordinance
shall be paid by the levy of a direct ad valorem tax upon all taxable property within the amended
Sandy Creek Estates Subdivision (Foy Property) Special Service Area (SSA #26) for an
indefinite period of time commencing during and in the years subsequent to the date of this
ordinance. Annual taxes shall be assessed and levied for the amended Sandy Creek Estates
Subdivision (Foy Property) Special Service Area (SSA #26) in an amount not to exceed an
annual rate of 0.517 [E.g., ten one-hundredths percent (.10 percent, being 10 cents per 100
dollars)] of equalized assessed valuation thereof. These taxes shall be in addition to all other
taxes permitted by law and shall be levied pursuant to the Property Tax Code (35 ILCS 200/1-1
et seq). Notwithstanding the foregoing, taxes shall not be levied hereunder and the amended
Sandy Creek Estates Subdivision (Foy Property) Special Service Area (SSA #26) shall remain
abeyant and shall take effect only in the event the Home Owner‟s Association fails to maintain,
repair, replace or pay for the improvements described in Section 5 of this ordinance and/or any
related costs for those improvements, so as to require the City to assume those responsibilities.
During the years of development in the amended Sandy Creek Estates Subdivision (Foy
Property) Special Service Area (SSA #26) and initially thereafter, the tax levies are intended to
produce approximately $36,300.00 annually for the cost of the services described in Section 5 of
this ordinance. The City, however, may annually levy up to the maxi mum rate specified herein
for the cost of the services described in Section 5 of this ordinance as said services become
necessary and are provided by the City.
Section 7. The City Clerk is hereby directed to file a certified copy of this ordinance,
including its exhibits, in the Office of the Kane County Clerk and in the Office of the Kane
County Recorder following its passage and approval.
Section 8. That all ordinances or parts or ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 9. 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
JULY 14, 2010 VOLUME LXXV
374
Presented: July 14, 2010
Passed: July 14, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 15, 2010
Published: July 16, 2010
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.
Emergency Telephone System Board of Elgin – May 20, 2010
Heritage Commission/Design Review Subcommittee – April 13 and 27, 2010
Planning and Development Commission – April 19 and May 3, 2010
Zoning and Subdivision Hearing Board – June 2, 2010
Hotel/Motel – May, 2010
Sales Tax – June, 2010
Local Sales Tax – June, 2010
State Income Tax – June, 2010
State Use Tax – June 2010
Committee of the Whole Minutes – June 9, 2010
City Council Minutes – June 9, 2010
ANNOUNCEMENTS
Mayor Schock made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Gilliam made a motion, seconded by Councilmember Warren, 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 8:55 p.m.
s/ Diane Robertson July 28, 2010
Diane Robertson, City Clerk Date Approved