Elgin City Council met Aug. 22.
Here is the minutes provided by the Council:
The regular meeting of the Council of the City of Elgin, Illinois, was held on August 22, 2018, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:06 p.m. The Invocation was given by Reverend Katie Shaw Thompson, Highland Ave Church of the Brethren and the Pledge of Allegiance was led by Police Chief Ana Lalley.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE AUGUST 8, 2018, COUNCIL MEETING APPROVED AS DISTRIBUTED
Councilmember Dixon made a motion, seconded by Councilmember Shaw, to approve the August 8, 2018, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
COMMUNICATIONS
Elgin Classic Little League Day Proclamation Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, the Elgin Classic Little League Intermediate All Star Team won the 2017 Illinois State Championship, representing Classic’s First State Championship in the Intermediate Division and the League’s overall first state championship since 1996; and
WHEREAS, the Elgin Classic Little League Intermediate All Star Team calls Elgin’s Wing Park their home field ; and
WHEREAS, the Elgin Classic Little League Intermediate All Star Team worked to improve the image of Elgin by positively representing the community where they live, play and study, and by playing with great sportsmanship and determination so as to bring a state championship to the City of Elgin; and
WHEREAS, Coaches Scot Brockner, John Kolakowski, Homero Prieto, and Mike Rolando; and
WHEREAS, the 2017 Intermediate All Star Team were led by Andres Castaneda, Javier Cervantes, Adan Guzman, Johnny Kolakowski, Evan Korabik, Julius Portillo, Mario Prieto, Jeremy Reuter, Nathaniel Rodriguez, Zeke Rolando, Elias Villa, and Wyatt Wasmond.
NOW, THEREFORE, I, Dave Kaptain, Mayor of the City of Elgin, Illinois, do hereby extend sincere and warm congratulations and esteem to the 2017 Elgin Classic Little League Intermediate All Star Team on their achievement with taking the 2017 State Championship Title and urge all citizens to support their league and efforts.
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of August, 2018
David J. Kaptain Mayor
Randy Reopelle Retirement Proclamation Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, Randy Reopelle was hired as the Elgin Parks and Recreation Director on November 1, 2004 after serving with the villages of Libertyville and Lake Zurich and the Wauconda and Rolling Meadows Park Districts; and
WHEREAS, Mr. Reopelle established the Elgin Parks and Recreation Foundation, which has raised more than $100,000 to date to fund scholarships through the Elgin Youth Scholarship Recreation Fund and oversaw the establishment of a program of free lunches to children of hundreds of under-resourced families during the summer; and
WHEREAS, During Mr. Reopelle’s 14 years, the City created 23 new parks, renovated 18 existing parks , established the city’s first skate parks, launched its first dog park in conjunction with the Hoffman Estates Park District, founded its first outdoor fitness area in Grolich Park and opened its first soccer court at St. Francis Park; and
WHEREAS, Also during Mr. Reopelle’s tenure, the City added recreation facilities including the Highlands of Elgin Golf Course clubhouse, the Bowes Creek Country Club Golf Course, Hawthorne Hill Nature Center and the Eastside Recreation Center; and
WHEREAS, Mr. Reopelle has been a faithful and diligent public servant in Elgin for 14 years and neighboring communities for 27 years and announced his retirement effective September 4, 2018.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois do hereby extend the sincere and warm appreciation and esteem of the City of Elgin to Randy Reopelle for his outstanding service to the community on the occasion of his retirement.
IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of August, 2018.
David J. Kaptain Mayor
RECOGNIZE PERSONS PRESENT
Sue Webb, SWAN President, thanked the city for their efforts to connect the neighborhood association with the state agencies that are working on the Route 31 and 20 project.
BID 18-038 AWARDED TO GREAT LAKES SNOW SYSTEMS FOR PARKING LOT ICE AND SNOW REMOVAL SERVICES
Councilmember Gavin made a motion, seconded by Councilmember Steffen, to approve a seasonal contract with Great Lakes Snow Systems in the amount of $96,000 annually for ice and snow removal services in parking lots. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
BID 18-039 AWARDED TO GREAT LAKES SNOW SYSTEMS FOR CUL-DE-SAC AND ALLEY SNOW REMOVAL SERVICES
There was discussion regarding the bid results and possible reasons there was only one qualified bidder.
Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve a contract with Great Lakes Snow Systems in an amount that is budgeted at $193,000 annually for cul-de-sac and alley snow and ice removal services. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
BID 18-040 AWARDED TO MIDWEST COMPOST FOR LEAF PROCESSING AND DISPOSAL
Councilmember Powell made a motion, seconded by Councilmember Martinez, to approve a contract with Midwest Compost in the amount of $130,000 for leaf processing and yard waste disposal. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PUBLIC HEARING FOR PETITION 24-18, AN APPLICATION FOR THE THIRD AMENDMENT TO THE ANNEXATION AGREEMENT, AMENDMENTS TO THE PSFR2 AND PCF PLANNED DEVELOPMENT ORDINANCES, VACATING THE PREVIOUSLY APPROVED FINAL PLAT FOR UNIT 1 AND APPROVAL OF A NEW PRELIMINARY PLAT, FINAL PLAT FOR UNIT 1, AND FINAL ENGINEERING, ALL FOR THE PONDS OF STONY CREEK AT 4001 MCDONALD ROAD.
Mayor Kaptain declared the public hearing open.
Marc Mylott, Community Development Director, provided the history of the project and the details regarding this amendment. The amendment would move a previously approved access point to development.
Peter Bazos, attorney for the petitioner, outlined the proposed changes and the reasons for the proposed amendment.
Wanda Brost, Mary Fredrick, Denise Grouch, and Patsy Smith, residents of the Village of Campton Hills stated their concerns regarding the proposed bike path location, removal of weeds, the procedures to amend the agreement, traffic study data and lighting on McDonald Road. These topics were discussed and addressed by the developers.
Mayor Kaptain declared the public hearing closed.
PETITION 24-18 APPROVED FOR THE THIRD AMENDMENT TO THE ANNEXATION AGREEMENT, AMENDMENTS TO THE PSFR2 AND PCF PLANNED DEVELOPMENT ORDINANCES, VACATING THE PREVIOUSLY APPROVED FINAL PLAT FOR UNIT 1 AND APPROVAL OF A NEW PRELIMINARY PLAT, FINAL PLAT FOR UNIT 1, AND FINAL ENGINEERING, ALL FOR THE PONDS OF STONY CREEK AT 4001 MCDONALD ROAD
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petition 24-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 18-93 ADOPTED AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT WITH CALATLANTIC GROUP, INC., AND DANIEL B. LIGHT AND LEAH RAE LIGHT (THE PONDS OF STONY CREEK – STONY CREEK EAST AND CAPITANI PARCEL – 4001 MCDONALD ROAD)
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-93
RESOLUTION
AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION AGREEMENT WITH CALATLANTIC GROUP, INC. AND DANIEL B. LIGHT AND LEAH RAE LIGHT
(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 Third Amendment to Annexation Agreement with CalAtlantic Group Inc., and Daniel B. Light and Leah Rae Light, a copy of which is attached hereto (the "Third 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 Third 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 Third Amendment to Annexation Agreement.
2. That the proposed Third Amendment to Annexation Agreement is in the best interests of the City of Elgin.
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 Third Amendment to Annexation Agreement with CalAtlantic Group Inc., and Daniel B. Light and Leah Rae Light, a copy of which is attached hereto.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 22, 2018
Adopted: August 22, 2018
Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G50-18 PASSED AMENDING NO. G9-18 WHICH AMENDED ORDINANCE NO. G25-09 CLASSIFYING A PORTION OF THE PONDS OF STONY CREEK PROPERTY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
Councilmember Shaw 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: None.
Ordinance No. G50-18
AN ORDINANCE
AMENDING ORDINANCE NO. G9-18 WHICH AMENDED 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, Ordinance No. G9-18, adopted January 24, 2018 amended certain provisions of Ordinance No. G25-09; and
WHEREAS, a 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 July 23, 2018 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
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 July 23, 2018, 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. G9-18 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. A. of Ordinance No. G9-18 is hereby amended to read 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 Plat of Zoning Exhibit, “___” for The Ponds of Stony Creek, prepared by CEMCON, Ltd., dated March 17, 2008, last revised July 3, 2018, and designated thereon in the PSFR2 Planned Single Family Residence District."
B. Section 2. B. 1. a. of Ordinance G9-18 is hereby amended to read as follows:
a. Substantial conformance to the Development Application submitted by CalAtlantic Group Inc., and Daniel B. Light and Leah Rae Light, dated received July 2, 2018 and the supporting documents including:
1. Rider Statement of Purpose and Conformance Amendment to Annexation Agreement and to Existing Planned Development Districts, received July 2, 2018;
2. Declaration for Stony Creek Units 1 and 2, received July 5, 2018;
3. Plat of Zoning Exhibit for The Ponds of Stony Creek, prepared by Cemcon, Ltd., dated March 17, 2008, last revised on July 3, 2018;
4. Preliminary Plat for The Ponds of Stony Creek, prepared by Cemcon, Ltd., dated September 14, 2016, last revised August 13, 2018;
5. Final Plat of Subdivision for The Ponds of Stony Creek Unit 1, prepared by Cemcon, Ltd., dated September 13, 2016, last revised August 16, 2018;
6. Roadway Improvement Plans for Ponds of Stony Creek – McDonald Road Elgin, Illinois, prepared by Cemcon, Ltd., dated July 20, 2007, last revised June 27, 2018;
7. Final Engineering Improvement Plans for Ponds of Stony Creek – Units 1 & 2 prepared by CEMCON, Ltd., dated May 24, 2006 with last revision date October 17, 2017, as amended by the Final Engineering Improvement Plans for Ponds of Stony Creek – Unit 1 Addendum Elgin, Illinois, Watermain-Sanitary Sewer-Street-Street Lighting and Drainage Improvements, prepared by Cemcon, Ltd., dated June 27, 2018. Notwithstanding the foregoing, Final Engineering approval for Unit 2 shall require further submission of engineering plans to the City Engineer and approval by the City Engineer;
8. Final Landscape Plan Ponds of Stony Creek Units 1 & 2 Elgin, Illinois, prepared by Gary R. Weber Associates Inc., dated October 3, 2016, last revised August 6, 2018;
9. 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 September 12, 2017.
10. 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 May 1, 2018.
11. Lots 43-52 and 61-64, inclusive, may be platted as lots in Unit 1 provided, however, no building permits shall be issued for such lots until the owner completes the mass grading for the area of such lots and completes and receives approval for a floodplain map amendment process removing said such lots from the floodplain.
12. 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.
13. 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.
In the event of any conflict between such documents and the terms of this ordinance the terms of this ordinance shall supersede and control."
C. Section 2. B. 1. b. d. of Ordinance G9-18 is hereby amended to read as follows:
"d. The building setback from a rear lot line may be reduced (a) to 20 feet for the purpose of allowing sunrooms for the Ridgefield house plans, and (b) to 35 feet for the Ridgefield house plans without a sunroom, and (c) decks, patios, and balconies for all house plans may encroach into the otherwise required 40-foot building setback."
Section 3. That except as amended herein, the use and development of the subject property shall be controlled pursuant to the provisions of Ordinances No. G25-09 and No.G9-18. In the event of any conflict between this ordinance and Ordinances No. G25-09 and No. G9-18, this ordinance and associated documents shall control and prevail.
Section 4. The provisions of this ordinance shall apply to the portion of the subject property legally described in and subject to the terms of the Third Amendment to Annexation Agreement for the subject property.
Section 5. 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: August 22, 2018
Passed: August 22, 2018
Vote: Yeas: 8 Nays: 0
Recorded: August 22, 2018
Published: August 24, 2018
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G51-18 PASSED AMENDING NO. G10-18 WHICH AMENDED ORDINANCE NO. G26-09 CLASSIFYING A PORTION OF THE PONDS OF STONY CREEK PROPERTY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT
Councilmember Gavin made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G51-18
AN ORDINANCE
AMENDING ORDINANCE NO. G10-18 WHICH AMENDED 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, Ordinance No. G10-18, adopted January 24, 2018 amended certain provisions of Ordinance No. G26-09; and
WHEREAS, a 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 July 23, 2018 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
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 July 23, 2018, 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. G10-18 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:
A. Section 2. A. of Ordinance No. G10-18 is hereby amended to read as follows:
"A. 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 Plat of Zoning Exhibit”___” for The Ponds of Stony Creek, prepared by CEMCON, Ltd., dated March 17, 2008, last revised July 3, 2018, and designated thereon in the PCF Planned Community Facility District."
B. Section 2. B. 1. a. of Ordinance No. G10-18 is hereby amended to read as follows:
a. Substantial conformance to the Development Application submitted by CalAtlantic Group Inc., and Daniel B. Light and Leah Rae Light, dated received July 2, 2018 and the supporting documents including:
1. Rider Statement of Purpose and Conformance Amendment to Annexation Agreement and to Existing Planned Development Districts, received July 2, 2018;
2. Declaration for Stony Creek Units 1 and 2, received July 5, 2018;
3. Plat of Zoning Exhibit for The Ponds of Stony Creek, prepared by Cemcon, Ltd., dated March 17, 2008, last revised on July 3, 2018;
4. Preliminary Plat for The Ponds of Stony Creek, prepared by Cemcon, Ltd., dated September 14, 2016, last revised August 13, 2018;
5. Final Plat of Subdivision for The Ponds of Stony Creek Unit 1, prepared by Cemcon, Ltd., dated September 13, 2016, last revised August 16, 2018;
6. Roadway Improvement Plans for Ponds of Stony Creek – McDonald Road Elgin, Illinois, prepared by Cemcon, Ltd., dated July 20, 2007, last revised June 27, 2018;
7. Final Engineering Improvement Plans for Ponds of Stony Creek – Units 1 & 2 prepared by CEMCON, Ltd., dated May 24, 2006 with last revision date October 17, 2017, as amended by the Final Engineering Improvement Plans for Ponds of Stony Creek – Unit 1 Addendum Elgin, Illinois, Watermain-Sanitary Sewer-Street-Street Lighting and Drainage Improvements, prepared by Cemcon, Ltd., dated June 27, 2018. Notwithstanding the foregoing, Final Engineering approval for Unit 2 shall require further submission of engineering plans to the City Engineer and approval by the City Engineer;
8. Final Landscape Plan Ponds of Stony Creek Units 1 & 2 Elgin, Illinois, prepared by Gary R. Weber Associates Inc., dated October 3, 2016, last revised August 6, 2018;
9. 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 September 12, 2017.
10. 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 May 1, 2018.
11 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.
12 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.
In the event of any conflict between such documents and the terms of this ordinance the terms of this ordinance shall supersede and control."
Section 3. That except as amended herein, the use and development of the subject property shall be controlled pursuant to the provisions of Ordinances No. G26-09 and No. G10-18. In the event of any conflict between this ordinance and Ordinances No. G26-09 and No.G10-18, this ordinance and associated documents shall control and prevail.
Section 4. The provisions of this ordinance shall apply to the portion of the subject property legally described in and subject to the terms of the Third Amendment to AnnexationAgreement for the subject property.
Section 5. 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: August 22, 2018
Passed: August 22, 2018
Vote: Yeas: 8 Nays: 0
Recorded: August 22, 2018
Published: August 24, 2018
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G52-18 PASSED VACATING THE FINAL PLAT OF SUBDIVISION FOR THE PONDS OF STONY CREEK UNIT 1
Councilmember Martinez made a motion, seconded by Councilmember Dixon, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G52-18
AN ORDINANCE
VACATING THE FINAL PLAT OF SUBDIVISION FOR THE PONDS OF STONY CREEK UNIT 1
WHEREAS, the owners of the property commonly known as the Ponds of Stony Creek Unit 1 have requested that the City Council of the City of Elgin vacate the previously approved and recorded plat of subdivision for the Ponds of Stony Creek Unit 1 and approve a new final plat of subdivision for the Ponds of Stony Creek Unit 1; and
WHEREAS, to date, no public utilities have been constructed within the easement areas within the previously approved Ponds of Stony Creek Unit 1 to be vacated by this ordinance; and
WHEREAS, the public interest will be served by vacating the final plat of subdivision for the Ponds of Stony Creek Unit 1 previously recorded on April 25, 2018, as Document No. 2018K019033.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That the final plat of subdivision for the Ponds of Stony Creek Unit 1 previously recorded on April 25, 2018, as Document No. 2018K019033 be and is hereby vacated.
Section 2. That the Mayor and City Clerk are authorized and directed to execute the plat of vacation attached hereto as Exhibit A. A certified copy of this ordinance together with the plat of vacation for such final plat of subdivision for the Ponds of Stony Creek Unit 1 shall be filed with the Kane County Recorder's Office.
Section 3. That this ordinance shall be in full force and effect upon its passage and the recording of the certified copy of this ordinance together with the attached plat of vacation with the Kane County Recorder's Office.
s/ David J. Kaptain David J. Kaptain, Mayor
Presented: August 22, 2018
Passed: August 22, 2018
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: August 22, 2018
Published: August 24, 2018
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 18-94 ADOPTED APPROVING THE NEW PRELIMINARY PLAT FOR THE PONDS OF STONY CREEK (4001 MCDONALD ROAD)
Councilmember Dixon 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. 18-94
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 prepared by CEMCON, Ltd., dated September 14, 2016, last revised August 13, 2018. 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 for Unit 1 shall be made not later than one year after the date of this resolution and must be supported by such drawings, specifications and monetary insurance as may be necessary to demonstrate compliance with applicable statutes and ordinances.
Presented: August 22, 2018
Adopted: August 22, 2018
Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 18-95 ADOPTED APPROVING THE NEW FINAL PLAT OF SUBDIVISION FOR THE PONDS OF STONY CREEK UNIT 1 SUBDIVISION
Councilmember Powell made a motion, seconded by Councilmember Dixon, 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. 18-95
RESOLUTION
APPROVING THE NEW FINAL PLAT OF SUBDIVISION FOR THE PONDS OF STONY CREEK UNIT 1 SUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the new Final Plat of Subdivision for Ponds of Stony Creek Unit 1 Subdivision, prepared by Cemcon, Ltd. dated September 13, 2016, last revised August 16, 2018.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 22, 2018
Adopted: August 22, 2018
Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Shaw, to adopt Resolution Nos. 18-91 and 18-92 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 18-91 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 658 MCBRIDE STREET
Councilmember Gavin made a motion, seconded by Councilmember Shaw, 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. 18-91
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT FOR THE PURCHASE OF 658 MCBRIDE STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute a real estate contract on behalf of the City of Elgin with the Robert O. Werrbach Trust for the purchase of the property commonly known as 658 McBride Street for $120,000.00, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 22, 2018
Adopted: August 22, 2018
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 18-92 ADOPTED AUTHORIZING EXECUTION OF A LAND USE AGREEMENT WITH ELGIN BMX RIDERS ASSOCIATION, INC. FOR THE OPERATION OF THE BMX TRACK AT THE ELGIN SPORTS COMPLEX
Councilmember Gavin made a motion, seconded by Councilmember Shaw, 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. 18-92
RESOLUTION
AUTHORIZING EXECUTION OF A LAND USE AGREEMENT WITH ELGIN BMX RIDERS ASSOCIATION, INC. FOR THE OPERATION OF THE BMX TRACK AT THE ELGIN SPORTS COMPLEX
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 a Land Use Agreement on behalf of the City of Elgin with Elgin BMX Riders Association Inc. for the operation of the BMX Track at the Elgin Sport Complex, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: August 22, 2018
Adopted: August 22, 2018
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Powell made a motion, seconded by Councilmember Shaw, 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.
Cultural Arts Commission, July 16, 2018
Board of Fire and Police Commissioners, June 21, 2018
Heritage Commission, June 5, 2018
Heritage Commission – Design Review, May, June, July, 2018
Human Relations Commission, July 10, 2018
Planning and Zoning Commission, July 23, 2018
Sustainability Commission, April, May, June, 2018
Committee of the Whole Minutes for July 25, 2018
City Council Minutes for July 25, 2018
Sales Tax
Revenue Telecommunications Tax Revenue
Alcoholic Liquor Tax Revenue
Riverboat Report
Disbursement Report
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adjourn and go into the Executive Session for the purpose of discussing the following matters. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Selection of a Person to Fill a Public Office, Including a Vacancy in a Public Office, When the Public Body is Given Power to Appoint Under Law or Ordinance, or the Discipline, Performance or Removal of the Occupant of a Public Office, When the Public Body is Given Power to Remove the Occupant Under Law or Ordinance - Exempt Under Section 120/2(c)(3) of the Open Meetings Act
The meeting adjourned at 8:35 p.m.
https://il-elgin4.civicplus.com/ArchiveCenter/ViewFile/Item/6110
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