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HomeMy WebLinkAboutb - January 24, 2018 CC26 VOLUME LXXXIII JANUARY 24, 2018 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 January 24, 2018, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:30 p.m. The Invocation was given by Reverend Jeff Mikyska from Holy Trinity Lutheran and the Pledge of Allegiance was led by Councilmember F. John Steffen. ROLL CALL Roll call was answered by Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE JANUARY 10, 2018, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dixon made a motion, seconded by Councilmember Shaw, to approve the January 10, 2018, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Black History Family Festival Day Proclamation Mayor Kaptain read the following proclamation: WHEREAS, the Mission of the Black History Family Festival is to use education and all aspects of the cultural arts to creatively promote literacy while celebrating the diversity and rich history specific to the local and global African American experience; thereby empowering individuals, strengthening families and uniting the greater community; and WHEREAS, the Vision of the Black History Family Festival is to build a community where learning is embraced for a lifetime; literacy becomes a part of our collective culture; and celebrating ethnic difference strengthens our resolve to strive for the greatness that resides within each of us; and WHEREAS, the Festival seeks to provide families and individuals of all ages with an enriching day of learning and entertainment; and VOLUME LXXXIII JANUARY 24, 2018 27 WHEREAS, through recognition of African Americans both past and present such as Donald Hollowell, Septima Clark, Thurgood Marshall, and Fannie Lou Hamer who set a high standard of living the ideals of freedom and justice which they had read and studied in books and from whom we all can learn and benefit; and WHEREAS, through collaboration with community leaders and organizations, these educational, entertaining and interactive activities enrich the understanding of participants in the African American experience; and WHEREAS, The Black History Family Festival in partnership with the City of Elgin, Elgin Community College, Gail Borden Library, School District U-46 and the Elgin History Museum will present “Freedom and Justice For All” at the Gail Borden Library from 1 p.m. – 4 p.m. on Saturday, February 3, 2018. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois do hereby proclaim that henceforth, the first Saturday in February be recognized as Black History Family Festival Day in the City of Elgin. IN WITNESS WHEREOF, I have here unto set my hand this 24th day of January, 2018. David J. Kaptain Mayor RECOGNIZE PERSONS PRESENT Danise Habun thanked everyone that participated in the celebrations during Martin Luther King Jr. Day weekend. She also thanked those that came out for the Elgin Standing Together Rally. Rita Corbett invited residents to attend “Bach Around the Clock” being held on March 3, 2018 at the United Methodist Church on Highland Avenue. BID 17-049A AWARDED TO J.P.C. TREE CARE LLC FOR MUNICIPAL TREE REMOVAL CONTRACT Councilmember Shaw made a motion, seconded by Councilmember Gavin, to award the contract to J.P.C. Tree Care LLC in the amount of $307,500 to provide municipal tree removal and emergency tree services to ensure the health of the city’s trees and the safety of all citizens. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JANUARY 24, 2018 VOLUME LXXXIII 28 JOINT PURCHASING COOPERATIVE CONTRACT APPROVED WITH WEST SIDE TRACTOR SALES COMPANY FOR THE PURCHASE OF EQUIPMENT FOR PUBLIC SERVICES Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve a contract with West Side Tractor Sales Company in the amount of $184,311 for the purchase of one John Deere end loader for the street division of public services to replace aged and failing equipment. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PETITIONS 24-17 AND 29-17 APPROVED FOR AN AMENDMENT TO THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT AND PRELIMINARY AND FINAL PLAT OF SUBDIVISION BY FABRICATORS AND MANUFACTURERS ASSOCIATION, AS APPLICANT AND PROPERTY OWNER FOR THE PROPERTY LOCATED AT 2135 POINT BOULEVARD Marc Mylott, Community Development Director, provided an overview of Petitions 24-17 and 29-17 as they relate to 2135 Point Boulevard. Staff and the Planning and Zoning Commission approved the petition subject to the conditions outlined in the memo. Councilmember Shaw made a motion, seconded by Councilmember Dixon, to approve Petitions 24-17 and 29-17 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE G7-18 PASSED RECLASSIFYING TERRITORY IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT (411 WEST RIVER ROAD) Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne. Ordinance No. G7-18 AN ORDINANCE RECLASSIFYING TERRITORY IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT (411 West River Road) WHEREAS, written application has been made to reclassify certain property located at 411 West River Road from PGI Planned General Industrial District to PCF Planned Community Facility District; and VOLUME LXXXIII JANUARY 24, 2018 29 WHEREAS, the zoning lot with the building containing the premises at 411 West River Road is legally described herein (the “Subject Property”); and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on November 6, 2017 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning & Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a planned development as a map amendment from PGI Planned General Industrial District to PCF Planned Community Facility District pertains to the government and affairs of the city. 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 6, 2017, and the recommendations made by the Community Development Department and the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the PCF Planned Community Facility District the following described property: THAT PART OF FOX RIDGE SUBDIVISION, PART OF RIVERSIDE MANOR, UNIT NO. 2, AND PART OF FRACTIONAL SECTION 2, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF SAID FRACTIONAL SECTION 2 WITH THE SOUTHERLY LINE OF A STRIP OF LAND JANUARY 24, 2018 VOLUME LXXXIII 30 CONVEYED TO THE NORTHERN ILLINOIS GAS COMPANY BY DEED RECORDED IN THE RECORDER’S OFFICE OF KANE COUNTY AS DOCUMENT NO. 876705; THENCE SOUTH 89 DEGREES 08 MINUTES WEST ALONG THE SOUTH LINE OF SAID STRIP OF LAND CONVEYED TO THE NORTHERN ILLINOIS GAS COMPANY, 1087.23 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 1 DEGREE 00 MINUTES EAST 575.72 FEET TO THE NORTHERLY LINE OF RANCH ROAD EXTENDED EASTERLY; THENCE SOUTH 89 DEGREES 00 MINUTES WEST ALONG SAID NORTHERLY LINE EXTENDED AND ALONG SAID NORTHERLY LINE, 277.43 FEET TO THE SOUTHWEST CORNER OF LOT 24 IN SAID RIVERSIDE MANOR, UNIT NO. 2; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 24, A DISTANCE OF 200.0 FEET TO THE NORTHWEST CORNER OF SAID LOT; THENCE EASTERLY ALONG THE NORTH LINE OF RIVERSIDE MANOR, UNIT NO. 2, BEING ALSO THE SOUTH LINE OF FOX RIDGE SUBDIVISION, 9.8 FEET TO THE SOUTHWEST CORNER OF LOT 16 IN SAID FOX RIDGE; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 16 AND ALONG THE WEST LINE EXTENDED NORTHERLY ALONG THE WEST LINE OF SAID LOT 16 AND ALONG THE WEST LINE EXTENDED NORTHERLY OF SAID LOT 16, TO THE SOUTHERLY LINE OF THE NORTHERN ILLINOIS GAS COMPANY PROPERTY; THENCE EASTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (commonly known as 411 West River Road). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from PGI Planed General Industrial District to PCF Planned Community Facility District at 411 West River Road which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PCF Planned Community Facility District is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 “Planned Development” of the Elgin Municipal Code, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for-profit or on a not-for-profit basis. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90 “Supplementary Regulations”, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 “General Provisions”, of the Elgin Municipal Code, as amended. VOLUME LXXXIII JANUARY 24, 2018 31 D. Zoning Districts; Generally. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 “Zoning Districts”, of the Elgin Municipal Code, as amended. E. Location and Size of District. PCF Planned Community Facility Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF Planned Community Facility District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres, unless such land is located between any nonresidential zoning district, and any residence district or any residence conservation district, which all have frontage on the same street and on the same block. No departure from the required minimum size of a planned business district shall be granted by the City Council. F. Land Use. In this PCF Planned Community Facility District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 “Land Use”, of the Elgin Municipal Code, as amended. The following land uses shall be the only permitted uses allowed within this PCF zoning district: “Psychiatric Hospital (8063)” and “Specialty Hospitals, Except Psychiatric (8069)”. No conditional or similar land uses shall be permitted in this PCF zoning district. G. Site Design. In this PCF Planned Community Facility District, 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, and Section 19.30.135 “Site Design” for CF Community Facility District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 1. Substantial conformance to the Development Application and supporting documents submitted by Brooktree Woodstock IL, LLC, as applicant, and International Teams an Illinois not for profit, as property owner, including the following materials: a. Undated Statement of Purpose and Conformance, received October 19, 2017; b. Undated Planned Development Standards document, received September 20, 2017; c. Undated spreadsheet titled “Estimation of Number of Staff”, received October 4, 2017; d. Undated document signed by Michael Turoff, Business Development Coordinator, Footprints to Recovery, submitted via email on September 26, 2017; e. Undated document signed by Bud Heimberg, Huck Bouma PC, submitted via email on October 18, 2017; JANUARY 24, 2018 VOLUME LXXXIII 32 f. Two-page building plans, prepared by Premier Commercial Realty for 411 W. River Road, Elgin, IL 60123, received September 26, 2017; g. Two-page Alta/ACSM Land Title Survey, prepared by Landmark Engineering Group, dated September 13, 2006; h. A three-page fence plan, received October 19, 2017; and In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. The owner and/or operator of the proposed specialty hospital shall contract with a private ambulance service to provide for all nonemergency medical transportation to and from the facility. For the purposes of this section, terms shall be defined as provided in the Emergency Medical Services (EMS) Systems Act at 210 ILCS 50/1, et seq. “Emergency” means a medical condition of recent onset and severity that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that urgent or unscheduled medical care is required. (210 ILCS 50/3.5, as amended). “Non- Emergency Medical Services” means medical care or monitoring rendered to patients whose conditions do not meet the definition of an emergency, before or during transportation of such patients to or from health care facilities visited for the purposes of obtaining medical or health care services which are not emergency in nature, using a vehicle regulated by the Emergency Medical Services Systems Act. (210 ILCS 50/3.5, as amended).” 3. The facility shall obtain all necessary licenses from the State of Illinois prior to start of operation. 4. Access to the subject property shall be limited to two points: primary access shall be across the Northern Illinois Gas Company right-of-way, to connect with West River Road, subject to the approval from Northern Illinois Gas Company. The secondary access shall be via Federation Place, and shall be for emergency service purposes only. 5. A departure is hereby granted to install a six-foot high solid privacy fence in the street yard along Ranch Road, with landscaping along said fence along the south and west property lines, in substantial conformance to the three-page fence plan, received October 19, 2016. 6. The gate at Federation Place shall match the remainder of the fence in design and color. 7. The color of the proposed fence shall match the color of the masonry on the bottom of the residential portion of the building. 8. The Federation Place access driveway shall only be used for emergency VOLUME LXXXIII JANUARY 24, 2018 33 services. The refuse collection vehicles servicing the property shall access the property via the W. River Road access driveway. 9. The proposed fence shall extend north of Federation Place along the west property line to align with the northern-most exterior wall of the building. 10. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PCF Planned Community Facility District, off-street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended, with the following departures: 1. A minimum of 81 parking spaces shall be required to be provided for the proposed specialty hospital use. A maximum of 23 patients staying at the hospital for one or more nights (in-patients) are permitted to store personal vehicles on the subject property with a maximum of one vehicle per patient. A maximum of 30 employees shall be permitted during the peak demand shift. A maximum of 28 patients who are not staying at the hospital for one or more nights (out-patients) are permitted to visit the hospital for treatment during any 24-hour period. 2. The area south of the building shall be land-banked for future parking lot construction of up to 48 regular parking spaces in substantial conformance with the Site Plan Sheet SD-1, prepared by Burnidge Cassell Associates, dated August 24, 1997. I. Off Street Loading. In this PCF Planned Community Facility District, off-street loading shall be subject to the provisions of Chapter 19.47 “Off Street Loading”, of the Elgin Municipal Code, as amended. J. Signs. In this PCF Planned Community Facility District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended, and shall be in substantial conformance with the following: 1. All proposed street graphics shall comply with the street graphics ordinance. A monument street graphic may be located on the Northern Illinois Gas Company (NIGC) right-of-way as this right-of-way is part of the zoning lot associated with this application, subject to the approval of an agreement with NIGC, and its location shall be in substantial conformance with the Two-page Alta/ACSM Land Title Survey, prepared by Landmark Engineering Group, dated September 13, 2006. Should the applicant be unable to reach an agreement with NIGC, or should said agreement expire, the monument street graphic must be removed from the NIGC right-of-way. JANUARY 24, 2018 VOLUME LXXXIII 34 K. Nonconforming Uses and Structures. In this PCF Planned Community Facility District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin Municipal Code, as amended. L. Amendments. In this PCF Planned Community Facility District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended. M. Planned Developments. In this PCF Planned Community Facility 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, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PCF zoning district. N. Conditional Uses. In this PCF Planned Community Facility District, conditional uses shall be subject to the provisions of Chapter 19.65 “Conditional Uses”, of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PCF zoning district. O. Variations. In this PCF Planned Community Facility District, variations shall be subject to the provisions of Chapter 19.10.500 “Authorized Land Use Variations”, Chapter 19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PCF zoning district. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75 “Appeals”, of the Elgin Municipal Code, as amended. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIII JANUARY 24, 2018 35 Presented: January 24, 2018 Passed: January 24, 2018 Vote: Yeas: 8 Nays: 1 Recorded: January 24, 2018 Published: January 25, 2018 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G8-18 PASSED REGARDING THE EXTENSION OF THE TERM OF ANNEXATION AGREEMENTS Councilmember Steffen made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G8-18 AN ORDINANCE REGARDING THE EXTENSION OF THE TERM OF ANNEXATION AGREEMENTS WHEREAS, the City of Elgin is a municipality and a home rule unit as defined in Article VII, Section 6 of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform and function pertaining to its government and affairs; and WHEREAS, 65 ILCS 5/11-15.1-1 provide in part that annexation agreements shall be valid and binding for a period not to exceed twenty years from the date of its execution; and WHEREAS, annexation agreements entered into by the City of Elgin include various terms including, but not limited to, terms relating to zoning, development of property, engineering and contributions of either land or monies to the City of Elgin, or both; and WHEREAS, the City Council has determined that it is necessary and desirable to provide for the extension of the term of an annexation agreement for property which has previously been annexed into the City of Elgin beyond a twenty year term, when the City Council finds that such an extension is in the best interests of the City of Elgin and when the City Council finds that the development of the property previously annexed into the City of Elgin subject to such an annexation agreement has not been completed at the time the extension of the term of the annexation agreement is approved by the City Council; and JANUARY 24, 2018 VOLUME LXXXIII 36 WHEREAS, the extension of the term of an annexation agreement beyond a twenty year term for property which has previously been annexed into the City of Elgin which the development thereof has not been completed at the time of the extension of the term of the annexation agreement is approved by the City Council, and matters relating to zoning, development of property, engineering and contributions of either land or monies to the City of Elgin, or both, pertain to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the foregoing recitals are incorporated into this ordinance. Section 2. That this ordinance is adopted by the City Council of the City of Elgin pursuant to and in the exercise of the home rule authority and power of the City of Elgin. Section 3. That notwithstanding the provisions of 65 ILCS 5/11-15.1-1 as amended, or other provisions within 65 ILCS Division 15.1, as amended, the term of an annexation agreement to which the City of Elgin is party for property which has previously been annexed into the City of Elgin may be extended beyond a twenty year term for a total term, as extended, not to exceed a total of forty years, when the City Council finds that such an extension is in the best interests of the City of Elgin and when the City Council finds that the development of the property previously annexed into the City of Elgin and subject to such annexation agreement has not been completed at the time of the extension of the term the annexation agreement is approved by the City Council. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 24, 2018 Passed: January 24, 2018 Vote: Yeas: 9 Nays: 0 Recorded: January 24, 2018 Published: January 25, 2018 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIII JANUARY 24, 2018 37 RESOLUTION 18-7 ADOPTED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH CALATLANTIC GROUP, INC., DANIEL B. LIGHT AND LEAH RAE LIGHT AND THE RESIDENTIAL LAND FUND I, L.P. (THE PONDS OF STONY CREEK – STONY CREEK EAST AND CAPITANI PARCEL – 4001 MCDONALD ROAD) There was discussion regarding the terms of the annexation agreement and the impacts to the parties involved. Councilmember Shaw made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 18-7 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH CALATLANTIC GROUP, INC., DANIEL B. LIGHT AND LEAH RAE LIGHT AND THE RESIDENTIAL LAND FUND I, L.P. (The Ponds of Stony Creek – Stony Creek East and Capitani Parcel – 4001 McDonald Road) WHEREAS, the owners of certain property commonly known as The Ponds of Stony Creek at 4001 McDonald Road have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be further amended as set forth in the proposed Second Amendment to Annexation Agreement with CalAtlantic Group, Inc., Daniel B. Light and Leah Rae Light and The Residential Land Fund I, L.P., a copy of which is attached hereto (the "Second Amendment to Annexation Agreement"); and WHEREAS, after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: 1. That the City Council finds that the extension of the term of the subject Annexation Agreement as provided in the Second Amendment to Annexation Agreement is in the best interests of the City of Elgin and that the development of the subject property which has previously been annexed into the City of Elgin and is subject to such Annexation Agreement has not been completed as of the date of the entry into the Second Amendment to Annexation Agreement. 2. That the proposed Second Amendment to Annexation Agreement is in the best interests of the City of Elgin. JANUARY 24, 2018 VOLUME LXXXIII 38 3. That David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Second Amendment to Annexation Agreement with CalAtlantic Group, Inc., Daniel B. Light and Leah Rae Light and The Residential Land Fund I, L.P., a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 24, 2018 Adopted: January 24, 2018 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G9-18 PASSED AMENDING ORDINANCE NO. G25-09 CLASSIFYING A PORTION OF THE PONDS OF STONY CREEK PROPERTY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT Councilmember Gavin made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G9-18 AN ORDINANCE AMENDING ORDINANCE NO. G25-09 CLASSIFYING A PORTION OF THE PONDS OF STONY CREEK PROPERTY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT WHEREAS, the property herein has previously been annexed to the City of Elgin; and WHEREAS, the property has previously been classified in the PSFR2 zoning district pursuant to Ordinance No. G7-06, as amended in its entirety by Ordinance No. G25-09; and WHEREAS, written application has been made to amend the approved land plan for the subject property known as The Ponds of Stony Creek Property; and WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted a public hearing on December 5, 2016 concerning said application; and VOLUME LXXXIII JANUARY 24, 2018 39 WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact and recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to the PSFR2 Planned Single-Family Residence District pertains to the government and affairs of the city. 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 December 5, 2016, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G25-09 previously adopted by the City Council of the City of Elgin and classifying the property described therein in the PSFR2 Planned Single Family Residence District is hereby amended as follows: A. Section 2 of Ordinance No. G25-09 is hereby amended to read as follows: "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 laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the PSFR2 Planned Single Family Residence District, the following described property: Those areas on the attached zoning exhibit for The Ponds of Stony Creek prepared by CEMCON, Ltd., and dated March 17, 2008, revised November 3, 2016, and designated thereon in the PSFR2 Planned Single Family Residence District." B. Section 3G1 of Ordinance No. G25-09 is hereby amended to read as follows: “1. Supplementary Conditions. In this PSFR2 zoning district, the subdivision layout and residential development shall be designed and constructed in JANUARY 24, 2018 VOLUME LXXXIII 40 substantial conformance with the design guidelines applicable to residential neighborhoods developed in the “Far West” portion of the Elgin Planning Area, as described in the 2005 Elgin Comprehensive Plan and Design Guidelines, and the following conditions: a. Substantial conformance with the Annexation, Zoning and Subdivision Application and Planned Development Plan for The Ponds of Stony Creek, including but not limited to: 1. The “Preliminary Plat of Subdivision for The Ponds of Stony Creek” prepared by CEMCON, Ltd., with the last revision date of October 13, 2017; and the “Final Plat of Subdivision for the Ponds of Stony Creek Unit 1” prepared by CEMCON, Ltd. with the last revision date of August 4, 2017 2. “Final Engineering Improvement Plans for Ponds of Stony Creek -- Units 1 & 2” prepared by CEMCON, Ltd., dated May 24, 2006 with last revision date August 2, 2017. 3. “Final Landscape Plan Ponds of Stony Creek Units 1 & 2” prepared by Gary R. Weber Associates, Inc. dated October 17, 2017. 4. Two-page “The Ponds of Stony Creek Statement of Purpose” dated September 23, 2016. 5. The “Roadway Improvement Plans for Ponds of Stony Creek – McDonald Road” prepared by CEMCON, Ltd, dated October 19, 2016 with the latest revision date of August 1, 2017. 6. The “Final Engineering Plans for Ponds of Stony Creek – Offsite Watermain Improvement Plan” prepared by CEMCON, Ltd dated February 19, 2007 with the latest revision date of July 20, 2017. 7. The “Final Engineering Plans for Ponds of Stony Creek Phase 1-3 Lift Station and Offsite Sanitary Sewer Improvement Plan” prepared by CEMCON, Ltd dated April 14, 2017 with the latest revision date of September 5, 2017. 8. Further revisions to the foregoing plats of subdivision shall include but not be limited to revisions to comply with Title 18 of the Elgin Municipal Code; easement provisions to be modified and dedicated to appropriate parties as approved by the City Engineer; and assignment of ownership and VOLUME LXXXIII JANUARY 24, 2018 41 maintenance responsibilities to the homeowners association of common features. 9. Changes to any of the aforesaid plans proposed by the developer that are (i) in the nature of construction revisions resulting from field conditions and (ii) determined by the City’s engineer or Corporation Counsel to be generally consistent with the purpose and intent of the originally approved plans shall be allowed. b. Residential structures shall be designed, constructed and maintained in conformance with the Architectural Guidelines (referenced Exhibit "J" from annexation agreement) and private covenants recorded with the subdivision. Notwithstanding the above, the following house plans, or plans substantially conforming thereto when approved by the Development Administrator, are acceptable house plans for construction within The Ponds of Stony Creek: front elevation and floor plans for the Auburn (dated July 2013), Huntington (dated July 2013), Windsor (dated July 2013), Manchester (dated August 2013), Normandy (dated August 2013) and Revised Normandy (dated October 13, 2016), Oxford (dated July 2013), Newcastle (dated November 2013), Ridgefield (dated October 13, 2016), Carrington (dated October 13, 2016), and New Plan/Bluestone (dated October 13, 2016). Said front elevations and floor plans are illustrative only, and the applicant shall provide elevations depicting each side of each model and dimensioned floor plans to the Development Administrator for approval to ensure that all house plans conform to the Architectural Guidelines of the Annexation Agreement and the respective design guidelines within the Zoning Ordinance, the 2005 Citywide Design Guidelines, and any amendatory documents thereto. Notwithstanding Exhibit “J” Section 2.I., the following house plans, or plans substantially conforming thereto when approved by the development administrator, may have two-car garages: Carrington, Auburn, and Huntington. c. No more than 25 percent of the lots shall have a one-story home built thereon, and no corner lot shall have a one-story home built thereon. d. The building setback from a rear lot line may be reduced to twenty (20) feet for the purpose of allowing (1) sunrooms for the Ridgefield house plans and (2) decks, patios, and balconies for all house plans to encroach into the otherwise required forty (40) foot building setback. JANUARY 24, 2018 VOLUME LXXXIII 42 e. The Newcastle house plans shall not be subject to the maximum residential floor area requirement of Section 19.25.335 H. f. Any subdivision entrance sign generally along McDonald Road shall include “City of Elgin” or similar language to inform persons that the subdivision is located within the city limits. g. All street lights shall include a top cover and interior optical assembly designed to ensure that each street light meets full cutoff classification as measured by the Illuminating Engineering Society of North America (IESNA). h. The incorporation into final engineering plans and specifications of engineering and stormwater plans best management practices recommended by the U.S. Department of Interior, Fish and Wildlife Service and applicable regulatory agencies at The Ponds of Stony Creek planned development, to the extent that any such recommended practices are required by the city engineer utilizing generally accepted engineering practices and do not conflict with local codes and ordinances. i. No private wells shall be drilled upon the subject property for any purpose, including irrigating individual lots or common areas. j. Conformance with all applicable city codes, ordinances, rules, regulations, policies, and procedures is required for plats, plans, and other associated documents, unless departures have been expressly granted herein or by prior city council action. Section 3. That except as amended herein, the use and development of the subject property shall be controlled pursuant to the provisions of Ordinance No. G25-09. In the event of any conflict between this ordinance and Ordinance No. G25-09, this ordinance and associated documents shall control and prevail. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIII JANUARY 24, 2018 43 Presented: January 24, 2018 Passed: January 24, 2018 Vote: Yeas: 9 Nays: 0 Recorded: January 24, 2018 Published: January 25, 2018 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G10-18 PASSED AMENDING ORDINANCE NO. G26-09 CLASSIFYING A PORTION OF THE PONDS OF STONY CREEK PROPERTY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT Councilmember Dixon made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G10-18 AN ORDINANCE AMENDING ORDINANCE NO. G26-09 CLASSIFYING A PORTION OF THE PONDS OF STONY CREEK PROPERTY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT WHEREAS, the property herein has previously been annexed to the City of Elgin; and WHEREAS, the property has previously been classified in the PCF zoning district pursuant to Ordinance No. G8-06, as amended in its entirety by Ordinance No. G26-09; and WHEREAS, written application has been made to amend the approved land plan for the subject property known as The Ponds of Stony Creek Property; and WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted a public hearing on December 5, 2016 concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact and recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and JANUARY 24, 2018 VOLUME LXXXIII 44 WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting an amendment to the PCF Planned Community Facility District pertains to the government and affairs of the city. 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 December 5, 2016, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G26-09 previously adopted by the City Council of the City of Elgin and classifying the property described therein in the PCF Planned Community Facility District is hereby amended as follows: C. Section 2 of Ordinance No. G26-09 is hereby amended to read as follows: "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 laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property: Those areas on the attached zoning exhibit for The Ponds of Stony Creek prepared by CEMCON, Ltd., and dated March 17, 2008, revised November 3, 2016, and designated thereon in the PCF Planned Community Facility District." D. Section 3G1 of Ordinance No. G26-09 is hereby amended to read as follows: “1. Supplementary Conditions. In this PCF zoning district, the use and development of land and structures shall be subject to the following conditions: a. Substantial conformance with the Annexation, Zoning and Subdivision Application and Planned Development Plan for The Ponds of Stony Creek, including but not limited to: 1. The “Preliminary Plat of Subdivision for The Ponds of Stony Creek” prepared by CEMCON, Ltd., with the last revision date of October 13, 2017; and the “Final Plat of Subdivision VOLUME LXXXIII JANUARY 24, 2018 45 for the Ponds of Stony Creek Unit 1” prepared by CEMCON, Ltd. with the last revision date of August 4, 2017. 2. “Final Engineering Improvement Plans for Ponds of Stony Creek -- Units 1 & 2” prepared by CEMCON, Ltd., dated May 24, 2006 with last revision date August 2, 2017. 3. “Final Landscape Plan Ponds of Stony Creek Units 1 & 2” prepared by Gary R. Weber Associates, Inc. dated October 17, 2017. 4. The Park Concept Plan prepared for CalAtlantic Homes by Gary R. Weber Associates, Inc. dated April 14, 2017 and the Preliminary Cost Opinion for Park Landscape Work prepared by Gary R. Weber Associates, Inc. dated January 25, 2017. 5. Two-page “The Ponds of Stony Creek Statement of Purpose” dated September 23, 2016. 6. The “Roadway Improvement Plans for Ponds of Stony Creek – McDonald Road” prepared by CEMCON, Ltd, dated October 19, 2016 with the latest revision date of August 1, 2017. 7. The “Final Engineering Plans for Ponds of Stony Creek – Offsite Watermain Improvement Plan” prepared by CEMCON, Ltd dated February 19, 2007 with the latest revision date of July 20, 2017. 8. The “Final Engineering Plans for Ponds of Stony Creek Phase 1-3 Lift Station and Offsite Sanitary Sewer Improvement Plan” prepared by CEMCON, Ltd dated April 14, 2017 with the latest revision date of September 5, 2017. 9. Further revisions to the foregoing plats of subdivision shall include but not be limited to revisions to comply with Title 18 of the Elgin Municipal Code; easement provisions to be modified and dedicated to appropriate parties as approved by the City Engineer; and assignment of ownership and maintenance responsibilities to the homeowners association of common features. 10. Changes to any of the aforesaid plans proposed by the developer that are (i) in the nature of construction revisions JANUARY 24, 2018 VOLUME LXXXIII 46 resulting from field conditions and (ii) determined by the City’s engineer or Corporation Counsel to be generally consistent with the purpose and intent of the originally approved plans shall be allowed. b. Any subdivision entrance sign generally along McDonald Road shall include “City of Elgin” or similar language to inform persons that the subdivision is located within the city limits. c. All street lights shall include a top cover and interior optical assembly designed to ensure that each street light meets full cutoff classification as measured by the Illuminating Engineering Society of North America (IESNA). d. The incorporation into final engineering plans and specifications of engineering and stormwater plans best management practices recommended by the U.S. Department of Interior, Fish and Wildlife Service and applicable regulatory agencies at The Ponds of Stony Creek planned development, to the extent that any such recommended practices are required by the city engineer utilizing generally accepted engineering practices and do not conflict with local codes and ordinances. e. No private wells shall be drilled upon the subject property for any purpose, including irrigating individual lots or common areas. f. Conformance with all applicable city codes, ordinances, rules, regulations, policies, and procedures is required for plats, plans, and other associated documents, unless departures have been expressly granted herein or by prior city council action. Section 3. That except as amended herein, the use and development of the subject property shall be controlled pursuant to the provisions of Ordinance No. 26-09. In the event of any conflict between this ordinance and Ordinance No. G26-09, this ordinance and associated documents shall control and prevail. Section 2. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXXIII JANUARY 24, 2018 47 Presented: January 24, 2018 Passed: January 24, 2018 Vote: Yeas: 9 Nays: 0 Recorded: January 24, 2018 Published: January 25, 2018 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 18-8 ADOPTED APPROVING THE NEW PRELIMINARY PLAT FOR THE PONDS OF STONY CREEK (4001 MCDONALD ROAD) Councilmember Dixon made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 18-8 RESOLUTION APPROVING THE NEW PRELIMINARY PLAT FOR THE PONDS OF STONY CREEK (4001 McDonald Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the new preliminary plat for The Ponds of Stony Creek for Units 1, 2, 3 and 4 prepared by CEMCON, Ltd., with a last revision date of October 13, 2017. The approval granted by this resolution is tentative in nature, involving the general acceptability of the layout as submitted, and shall not qualify the plat for recording. Application for final approval shall be made not later than one year after the date of this resolution and must be supported by such drawings, specifications and monetary assurance as may be necessary to demonstrate compliance with applicable statutes and ordinances. s/ David J. Kaptain David J. Kaptain, Mayor JANUARY 24, 2018 VOLUME LXXXIII 48 Presented: January 24, 2018 Adopted: January 24, 2018 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 18-9 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR THE PONDS OF STONY CREEK UNIT 1 (4001 MCDONALD ROAD) Councilmember Dixon made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 18-9 RESOLUTION APPROVING FINAL PLAT OF SUBDIVISION FOR THE PONDS OF STONY CREEK UNIT 1 (4001 McDonald Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the Final Plat of Subdivision for The Ponds of Stony Creek Unit 1, prepared by CEMCON, Ltd., dated September 13, 2016, last revised August 4, 2017. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 24, 2018 Adopted: January 24, 2018 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIII JANUARY 24, 2018 49 RESOLUTION 18-10 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH COMMUNITY UNIT SCHOOL DISTRICT 303 RELATING TO CAPITAL IMPROVEMENT DEVELOPMENT IMPACT FEE, SCHOOL SITE DEVELOPMENT IMPACT FEE AND SCHOOL TRANSITION FEE There was discussion regarding the terms of the agreement and if this type of agreement was in place with the other school districts in the city. Councilmember Gavin made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 18-10 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH COMMUNITY UNIT SCHOOL DISTRICT 303 RELATING TO CAPITAL IMPROVEMENT DEVELOPMENT IMPACT FEE, SCHOOL SITE DEVELOPMENT IMPACT FEE AND SCHOOL TRANSITION FEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement with Community School District 303 on behalf of the City of Elgin relating to capital improvement development impact fee, school site development impact fee and school transition fee, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 24, 2018 Adopted: January 24, 2018 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JANUARY 24, 2018 VOLUME LXXXIII 50 RESOLUTION 18-11 ADOPTED AUTHORIZING EXECUTION OF AN INTERAGENCY AGREEMENT TO ACCEPT A GRANT FROM THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR THREE FULL-TIME CASE MANAGERS Councilmember Martinez made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 18-11 RESOLUTION AUTHORIZING EXECUTION OF AN INTERAGENCY AGREEMENT TO ACCEPT A GRANT FROM THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR THREE FULL-TIME CASE MANAGERS (Interagency Agreement No. 216442) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, Debra Nawrocki, Chief Financial Officer, and Jeffrey Swoboda, Chief of Police, are hereby authorized and directed to execute an Interagency Agreement to accept a grant from the Illinois Criminal Justice Information Authority in the amount of $191,326 for three full-time case managers, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that David J. Kaptain, Mayor, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 24, 2018 Adopted: January 24, 2018 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIII JANUARY 24, 2018 51 CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass Ordinance Nos. G4-18 through G6-18 and adopt Resolution Nos. 18-5 and 18- 6 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 18-5 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH BAXTER & WOODMAN, INC. FOR ENGINEERING, PERMIT COMPLIANCE AND FIELD INSPECTION SERVICES IN CONNECTION WITH THE NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2014-2018 Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 18-5 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH BAXTER & WOODMAN, INC. FOR ENGINEERING, PERMIT COMPLIANCE AND FIELD INSPECTION SERVICES IN CONNECTION WITH THE NPDES PHASE II STORM WATER PERMIT COMPLIANCE PROJECT 2014-2018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Amendment Agreement No. 2 on behalf of the City of Elgin with Baxter & Woodman, Inc. for engineering, permit compliance and field inspection services in connection with the NPDES Phase II Storm Water Permit Compliance Project 2014-2018, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 24, 2018 Adopted: January 24, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JANUARY 24, 2018 VOLUME LXXXIII 52 RESOLUTION 18-6 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH R.K. JOHNSON & ASSOCIATES, INC. FOR ENGINEERING, PERMIT COMPLIANCE, REPORT PREPARATION, FIELD SURVEYING AND FIELD INSPECTION ACTIVITIES FOR JANUARY 2018 TO DECEMBER 2018 IN CONNECTION WITH THE 2017 COMBINED SEWER OVERFLOW NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE PROJECT Councilmember Powell made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 18-6 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH R.K. JOHNSON & ASSOCIATES, INC. FOR ENGINEERING, PERMIT COMPLIANCE, REPORT PREPARATION, FIELD SURVEYING AND FIELD INSPECTION ACTIVITIES FOR JANUARY 2018 TO DECEMBER 2018 IN CONNECTION WITH THE 2014 COMBINED SEWER OVERFLOW NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT COMPLIANCE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute Amendment Agreement No. 3 on behalf of the City of Elgin with R.K. Johnson & Associates, Inc. for engineering, permit compliance, report preparation, field surveying and field inspection activities for January 2018 to December 2018 in connection with the 2014 Combined Sewer Overflow National Pollution Discharge Elimination System Permit Compliance Project, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 24, 2018 Adopted: January 24, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIII JANUARY 24, 2018 53 ORDINANCE G4-18 PASSED RECLASSIFYING TERRITORY IN THE RC3 RESIDENCE CONSERVATION DISTRICT TO CF COMMUNITY FACILITY DISTRICT (654 WELLINGTON AVENUE) Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G4-18 AN ORDINANCE RECLASSIFYING TERRITORY IN THE RC3 RESIDENCE CONSERVATION DISTRICT TO CF COMMUNITY FACILITY DISTRICT (654 Wellington Avenue) WHEREAS, written application has been made to reclassify certain property located at 654 Wellington Avenue from RC3 Residence Conservation District to CF Community Facility District; and WHEREAS, the zoning lot containing the premises at 654 Wellington Avenue is legally described herein (the “Subject Property”); and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on December 4, 2017 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & Zoning Commission recommend approval of said application; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning & Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a map amendment from RC3 Residence Conservation District to CF Community Facility District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: JANUARY 24, 2018 VOLUME LXXXIII 54 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated December 4, 2017, and the recommendations made by the Community Development Department and the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the CF Community Facility District the following described property: That part of the north 138 feet of the south 253 ½ feet of Lot 7 of William E. Bent’s Addition to Elgin, measured on the easterly line of said Lot 7, lying east of the easterly line of the right of way of the Chicago, Aurora & Elgin Railroad Company, excepting from said premises the easterly 33 feet, in the City of Elgin, Kane County, Illinois. (commonly known as 654 Wellington Avenue). Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 24, 2018 Passed: January 24, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 24, 2018 Published: January 25, 2018 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXXIII JANUARY 24, 2018 55 ORDINANCE G5-18 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT FOR A TREATMENT, TRANSMISSION, AND DISTRIBUTION FACILITY: EQUIPMENT, EQUIPMENT BUILDINGS, TOWERS, EXCHANGES, SUBSTATIONS, REGULATORS IN THE CF COMMUNITY FACILITY DISTRICT (654-700 WELLINGTON AVENUE) Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G5-18 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT FOR A TREATMENT, TRANSMISSION, AND DISTRIBUTION FACILITY: EQUIPMENT, EQUIPMENT BUILDINGS, TOWERS, EXCHANGES, SUBSTATIONS, REGULATORS IN THE CF COMMUNITY FACILITY DISTRICT (654-700 Wellington Avenue) WHEREAS, written application has been made requesting conditional use approval for a planned development to establish a treatment, transmission, and distribution facility: equipment, equipment buildings, towers, exchanges, substations, regulators, at 654-700 Wellington Avenue; and WHEREAS, the zoning lot containing the premises at 654-700 Wellington Avenue is legally described herein (the “Subject Property”); and WHEREAS, the Subject Property is located within the CF Community Facility District, and a treatment, transmission, and distribution facility: equipment, equipment buildings, towers, exchanges, substations, regulators is listed as a conditional use within the CF Community Facility District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on December 4, 2017 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning & Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning & Zoning Commission; and JANUARY 24, 2018 VOLUME LXXXIII 56 WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use for a planned development to establish a treatment, transmission, and distribution facility: equipment, equipment buildings, towers, exchanges, substations, regulators in the CF Community Facility District pertains to the government and affairs of the city. 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 December 4, 2017, and the recommendations made by the Community Development Department and the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a planned development for a treatment, transmission, and distribution facility: equipment, equipment buildings, towers, exchanges, substations, regulators facility is hereby granted for the property commonly known as 654-700 Wellington Avenue commonly identified by Kane County Property Identification Numbers (PINs) 06-24-326-002 and 06-24-326-004, and legally described as follows: THAT PART OF THE NORTH 138 FEET OF THE SOUTH 253 1/2 FEET OF LOT 7 OF WILLIAM E. BENT’S ADDITION TO ELGIN, MEASURED ON THE EASTERLY LINE OF SAID LOT 7, LYING EAST OF THE EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, AURORA & ELGIN RAILROAD COMPANY, EXCEPTING FROM SAID PREMISES THE EASTERLY 33 FEET, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, (commonly known as 654 Wellington Ave), and PART OF THE SOUTH 115.5 FEET OF SUB LOT K IN LOT SEVEN (7) OF WILLIAM E. BENT’S ADDITION TO ELGIN AND PART OF LOT 000LI, COUNTY CLERK’S SUBDIVISION OF THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS TO-WIT; -BEGINNING AT A POINT IN THE NORTH LINE OF THE SOUTH 115.5 FEET OF SUB LOT K, 101.0 FEET WESTERLY FROM THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY; THENCE EASTERLY ALONG SAID LINE 84.5 FEET; THENCE SOUTHERLY PARALLEL WITH SAID CHICAGO AND NORTHWESTERN RAILWAY RIGHT OF WAY LINE 115.5 FEET TO THE NORTHERLY LINE OF SAID LOT 000LI; THENCE EASTERLY ALONG SAID LINE 16.5 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY; THENCE SOUTHERLY ALONG SAID CHICAGO AND NORTHWESTERN RAILWAY RIGHT OF WAY LINE 672.64 FEET; THENCE WESTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 000LI 51.5 FEET; THENCE NORTHERLY PARALLEL WITH THE WESTERLY RIGHT OF WAY LINE OF THE VOLUME LXXXIII JANUARY 24, 2018 57 CHICAGO AND NORTHWESTERN RAILWAY 250.0 FEET; THENCE NORTHWESTERLY 537.8 FEET ON THE CURVE TO THE LEFT WITH A RADIUS OF 2895.0 FEET TO THE PLACE OF BEGINNING. (commonly known as 700 Wellington Avenue). Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following conditions: 11. Substantial conformance to the Development Application and supporting documents submitted by Fox River Water Reclamation District, as applicant and property owner, including the following materials: a. Undated Statement of Purpose and Conformance letter, received September 25, 2017; b. Letter from FRWRD regarding Rezoning and Conditional Use Application for New Pump Station 654 Wellington Avenue, Elgin, IL, dated October 20, 2017; c. Undated Plat of Survey, prepared by Victor H. Kasser, received September 25, 2017; d. Plat of Survey, prepared by Gerald Sopha, dated July 26, 2012; e. Undated Pump Station 31 Site Plan, prepared by Strand Associates, received September 25, 2017; f. Site Demolition Plan, prepared by Strand Associates, dated September 1, 2017; g. Pump Station 31 Elevations, prepared by Strand Associates, dated September 1, 2017; h. Site Erosion Control and Landscape Plan, prepared by Strand Associates, dated November 30, 2017; i. Pump Station 31 Floor Level Plan, prepared by Strand Associates, dated September 1, 2017; j. Pump Station 31 Foundation Level Plan, prepared by Strand Associates, dated September 1, 2017; k. Pump Station 31 Lower Level Plan, prepared by Strand Associates, dated September 1, 2017; l. Industrial Steel Fence Plan, prepared by Ameristar, dated April 14, 2015; m. Undated Pump Station 31 Northeast View, prepared by Strand Associates, received October 20, 2017; n. Undated Pump Station 31 Southwest View, prepared by Strand Associates, received October 20, 2017; and o. Undated Pump Station 31 Northwest View, prepared by Strand Associates, received October 20, 2017. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 12. Compliance with all applicable codes and ordinances. JANUARY 24, 2018 VOLUME LXXXIII 58 Section 4. That the conditional use for a planned development for the Subject Property as authorized by this ordinance is hereby granted the following departures from the Elgin Zoning Ordinance: 1. A departure from Section 19.90.015, “Definitions and Regulations” is hereby granted to install a seven-foot high, ornamental steel fence with outward curved pickets on the top to provide security. The fence shall be in substantial conformance with the following: a. Site Erosion Control and Landscape Plan, prepared by Strand Associates, dated October 16, 2017; and b. Industrial Steel Fence Plan, prepared by Ameristar, dated April 14, 2015. Section 5. That this ordinance shall be full force and effect upon its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 24, 2018 Passed: January 24, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 24, 2018 Published: January 25, 2018 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G6-18 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS Councilmember Powell made a motion, seconded by Councilmember Martinez, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXXIII JANUARY 24, 2018 59 Ordinance No. G6-18 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" TO AMEND THE NUMBER OF CERTAIN AVAILABLE LIQUOR LICENSE CLASSIFICATIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.050 of the Elgin Municipal Code, 1976, as amended, entitled "Licenses; Number to be Issued:" be and is hereby further amended by amending subparagraphs M and W thereof to read as follows: "M. The number of Class E licenses shall not exceed twelve (12) in number. W. The number of Class S licenses shall not exceed three (3) in number." Section 2. That all ordinances or parts of ordinance in conflict with the provisions of this ordinance are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force upon its passage and publication in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 24, 2018 Passed: January 24, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: January 24, 2018 Published: January 25, 2018 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk JANUARY 24, 2018 VOLUME LXXXIII 60 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Martinez made a motion, seconded by Councilmember Powell, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Bicycle & Pedestrian Advisory Committee, December 5, 2017 Cultural Arts Commission December 11, 2017 E-911 Board December 21, 2017 Foreign Fire Insurance Tax Board, November 13, 2017 Board of Health, October 9, 2017 Liquor Control Commission, December 6, 2017 Planning and Zoning Commission December 4, 2017 Sustainability Commission, November 14, 2017 Committee of the Whole Minutes for December 20, 2017 City Council Minutes for December 20, 2017 Sales Tax Telecommunications Tax Video Gaming Tax Disbursement Report ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dixon made a motion, seconded by Councilmember Steffen, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Dunne, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:01 p.m. s/ Kimberly Dewis February 14, 2018 Kimberly Dewis, City Clerk Date Approved