G77-04 (2) •
Ordinance No. G77-04
AN ORDINANCE
PROHIBITING WATER WELLS WITHIN A DEF I D AREA OF THE CITY
(161 S. Grove Avenue-PAR Development I ownhome Site)
WHEREAS, certain property in the City of Elgin, .s legally described in Exhibit A,
commonly known as 161 S. Grove Avenue, Elgin, Kane Co nty, Illinois has been used over a
period of time for commercial and industrial purposes; and
WHEREAS, because of said use, concentrations of •ertain chemical constituents in the
groundwater beneath the property legally described in E ihibit A may exceed groundwater
quality standards for resource groundwater; and
WHEREAS, the City of Elgin desires to limit pote tial threats to human health from
groundwater contamination while facilitating the redev:lopment and productive use of
properties; and
WHEREAS, the City of Elgin desires to accompl sh these goals by prohibiting the
construction, installation, maintenance or operation of a wat•r well from the property described
in Exhibit A.
NOW, THEREFORE, BE IT ORDAINED BY TH: CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. Definitions. The terms and words uses in this ordinance shall be used,
interpreted and defined as set forth in this Section:
"Person" shall mean any individual, partn:rship, co-partnership, firm,
company, limited liability company, corporatio , association, joint stock
company, trust, estate, political subdivision, or an other legal entity, or their
legal representatives, agents or assigns.
"The Property" shall mean the property co only known as 161 S. Grove
Avenue, Elgin, Kane County, Illinois and legally des ribed on Exhibit A attached
hereto.
Section 2. No person shall construct, install, maintain, or operate a water well at The
Property legally described in Exhibit A attached hereto. A 1 water supplies and water services
for The Property must be obtained from a public water su•ply system. The provisions of this
ordinance shall be applicable to all water usage includ ng, but not limited to, domestic,
industrial/commercial uses and outdoor watering.
Section 3. Restrictions binding on City. Except fo the provisions of Section four all
restrictions contained in this ordinance shall be binding on t e City.
Section 4. Penalties. Any person violating the provision s of this section shall be subject to
a fine of up to $500.00 for each violation.
Section 5. Repealer. All ordinances or parts of ordina ices in conflict with this section are
hereby repealed insofar as they are in conflict with this ordin.i ce.
Section 6. Severability. If any provision of this sectio or its application to any person or
under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the
section as a whole or of any portion not adjudged invalid.
Section 7. This ordinance shall be in full force and of -ct upon its passage.
s/Es Schock
Ed S I hock,Mayor
Presented: August 25, 2004
Passed: August 25, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: August 26, 2004
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
EXHIBIT A
LOTS 6 THROUGH 15, INCLUSIVE, AND PART OF LOTS 5 • ' 16 IN BLOCK 1 OF O. DAVIDSON'S
ADDITION TO ELGIN,BEING A SUBDIVISION OF PART OF T ' SOUTHWEST QUARTER OF
SECTION 13, TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE T IRD PRINCIPAL MERIDIAN,ALSO
THAT PART OF WELLINGTON AVENUE(FORMERLY RAILR• • I/ AVENUE)NOW VACATED,
ALSO THAT PART OF CHICAGO AND NORTHWESTERN RAIL AY COMPANY PROPERTY(NOW
OWNED BY THE CITY OF ELGIN), ALL OF THE ABOVE FALL', WITHIN THE AFORESAID
SOUTHWEST QUARTER 13, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF AFORESAID :LOCK 1 OF O. DAVIDSON'S
ADDITION TO ELGIN; THENCE NORTH 37 DEGREES 49 MINU ES 11 SECONDS WEST,ALONG
THE SOUTHWES']ERLY LINE OF SAID BLOCK 1,ALSO BEIN I THE NORTHEASTERLY LINE OF
GROVE AVENUE, A DISTANCE OF 351.00 FEET; THENCE NO TH 52 DEGREES 26 MINUTES 36
SECONDS EAST,PARALLEL TO THE SOUTHEASTERLY LINE OF AFORESAID BLOCK 1 IN O.
DAVIDSON'S ADDITION TO ELGIN, A DISTANCE OF 365.38 F ET TO THE SOUTHWESTERLY LINE
OF SYLLA PLACE AS PLATTED IN WILLIAM F. SYLLA'S RES :DIVISION, BEING A SUBDIVISION
OF PART OF AFORESAID SECTION 13; THENCE SOUTH 37 D:GREES 43 MINUTES 37 SECONDS
EAST, ALONG SAID SOUTHWESTERLY LINE OF SYLLA PLAN E AND THE SOUTHWESTERLY LINE
OF LOT 11 IN AFORESAID WILLIAM F. SYLLA'S RESUBDIVI'ION AND SAID SOUTHWESTERLY
LINE OF LOT 11,EXTENDED SOUTHEASTERLY,A DISTANC: OF 326.70 FEET; THENCE SOUTH 37
DEGREES 18 MINUTES 47 SECONDS WEST, A DISTANCE OF 13.11 FEET TO THE
SOUTHEASTERLY LINE, EXTENDED NORTHEASTERLY, OF • ORESAID BLOCK 1 IN O.
DAVIDSON'S ADDITION TO ELGIN; THENCE SOUTH 52 DEG' ES 26 MINUTES 36 SECONDS
WEST,ALONG SAID SOUTHEASTERLY LINE,EXTENDED NO RTHEASTERLY,AND ALONG THE
SOUTHEASTERLY LINE OF SAID BLOCK 1, A DISTANCE OF '74.86 FEET TO THE POINT OF
BEGINNING. BEING SITUATED IN THE CITY OF ELGIN,KA COUNTY,ILLINOIS AND
CONTAINING 127,053.35 SQUARE FEET MORE OR LESS.
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August 25, 200400
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FINANCIALLY STABLECITY GOVERNMENT
TO: Mayor and Members of the City CouncilEFFICIENT SERVICES.
AND QUALITY INFRASTRUCTURE
FROM: David M. Dorgan, City Manager
William A. Cogley, Corporation Counsel
SUBJECT: Proposed Ordinance Prohibiting Water Wells ithin a Defined Area of the City
(161 S. Grove Avenue- PAR Townhome Development Site)
PURPOSE
To submit for City Council consideration a proposed ordinanc; prohibiting the installation or use
of water wells on the PAR Development Townhome Site on S U uth Grove Avenue.
RECOMMENDATION
Adoption of the ordinance prohibiting the installation or use of water wells at the PAR
Development Townhome Redevelopment Site.
BACKGROUND
The City has previously entered into a development ato cement with PAR Development
providing for the residential redevelopment of the prope lies located at the southeast and
northwest corners of South Grove Avenue and Prairie St:et. The development agreement
requires the City to obtain No Further Remediation Letters or Residential Standard for these
redevelopment sites.
The City has obtained from the Illinois Environmental ,I rotection Agency a No Further
Remediation Letter for the Townhome Redevelopment Sit:. A copy of such NFR letter is
attached. One of the requirements in the NFR letter is an i stitutional control that no person
shall construct, install, maintain or operate a water well at th• subject property. This particular
institutional control is a common provision in NFR letters. T e adoption of an ordinance by the
City Council is necessary to implement such institutional con ol.
Attached is a proposed ordinance which would prohi o it the construction, installation,
maintenance or operation of a water well at the subject o roperty. Upon adoption of the
ordinance the ordinance will be attached to the No Furthei Remediation Letter and the No
Ordinance Prohibiting Water Wells Within a Defined Area of he City
August 24,2004
Page 2
Further Remediation letter and the ordinance will be recorded ith the Kane County Recoder.
COMMUNITY GROUPS/INTERESTED PERSONS CO TACTED
None.
FINANCIAL IMPACT
The City will pay a recording fee to the Office of the Kane County Recorder to record the No
Further Remediation Letter and the subject ordinance. Such r-cording fee is less than $100.
LEGAL IMPACT
Adoption of the ordinance is necessary to implement thr institutional control which is a
condition to the No Further Remediation Letter.
ALTERNATIVES
Adoption of the ordinance is necessary to complete the No F her Remediation Letter process.
Respectfully submitted for Council consideration.
mg
Attachment