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HomeMy WebLinkAbouth - April 26381 VOLUME LXXI APRIL 26, 2006 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 April 26, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. A moment of silence was observed for all the troops serving overseas protecting our great country and for all their friends and loved ones. The Pledge of Allegiance was led by Gordon Schnulle. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE APRIL 12, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve the April 12, 2006, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. COMMUNICATIONS Presentation by the American Legion Ladies Auxiliary Post 57 and the Veterans of Foreign Wars Ladies Auxiliary Post 1307 to the Elgin Fire Department Members of the American Legion Ladies Auxiliary Post 57 and the Veterans of Foreign Wars Ladies Auxiliary Post 1307 presented checks from the two organizations, each in the amount of $2,000, to the Elgin Fire Department to be used for the Fire Departments’ CPR program. Fire Marshall Rich Dunne, on behalf of the Elgin Fire Department, Chief Mike Falese, and CPR Coordinator Victoria Rigney, thanked both organizations for their generous donations. He stated that the American Heart Association’s changes and new standards for CPR are going to require updating of AEDs and purchase of new equipment. This donation will also allow the Fire Department to expand the program to offer it to more service associations and more individuals within the community. The Fire Department greatly appreciates these donations. APRIL 26, 2006 VOLUME LXXI 382 Presentation by Brendan Morse on Downtown Elgin Brendan Morse stated that he has been attending the Council meetings the past two years, and he thought it would be neat to show the DVD presentation he created of downtown Elgin. Over the course of a few months, he took over 130 pictures of downtown Elgin, downloaded them to a computer, edited the pictures, and added music. He stated that he enjoyed making this DVD of downtown Elgin, and he hopes everyone here will also enjoy viewing it. Mayor Schock thanked Brendan for sharing this presentation at this meeting. Councilmember Sandor stated he hoped the City would be able to use it in the future. Presentation on 132 North Channing Street Mark Billings stated that he led a two-year renovation project of 132 North Channing Street on behalf of Gifford Park Association (GPA). This project involved many city grants, and he said he was here to give the Council and staff an enthusiastic “thank you” for their support of this project and to give a “before and after” video presentation regarding this renovation. GPA considered approximately 30 houses before purchasing the property at 132 North Channing in January 2004, which they immediately began working on in February. He described the work performed by the many volunteers, including removal of all the asphalt siding during the 2004 Great Unveiling. Mr. Billings introduced and thanked the ten members of the “Dream Team,” who persisted and worked on the project for two years. He also introduced the new owners, Tony Sanchez and Barbara Counterman, formerly of Chicago, who purchased the property three weeks ago. Mayor Schock stated that every time GPA does one of these renovations, it improves the neighborhood substantially and sets the standard for others in the community. It serves as an example of what can be done by having vision, foresight, and the ability to see through the asphalt and other changes that have been made to these structures over the years. “We extend our appreciation to the Gifford Park Association, to you for your leadership, and to all who worked on this project.” Proclamation Recognizing Arbor Day Mayor Schock read and presented a proclamation to Dan Larsen, City Forester, declaring April 28, 2006, as Arbor Day in the City of Elgin, and urging all citizens to support efforts to care for our trees and woodlands and to support our City’s community forestry program. Mr. Larsen stated that being recognized as a Tree City for 16 years is a significant accomplishment for any city. He thanked the Mayor and Council. Proclamation Recognizing Municipal Clerks Week Mayor Schock read and presented a proclamation to Loni Mecum, City Clerk, declaring April 30 through May 6, 2006, as Municipal Clerks Week and extended appreciation to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Ms. Mecum stated that the functions of the City Clerk’s office are extremely varied VOLUME LXXI APRIL 26, 2006 383 and involve interaction with all departments in the City as well as other governmental bodies and many citizens. She thanked the Mayor and City Council for this recognition. RECOGNIZE PERSONS PRESENT Joe Remijes stated that he is a Pit Bull owner, and he thanked the Council for its reconsideration regarding a ban of Pit Bulls. His dog is a therapy dog which has made 338 visits to patients at Provena St. Joseph Hospital and Rosewood Nursing Home. He believes that all dogs should be registered and micro-chipped, which facilitates the return of lost dogs to the owners. Making dog owners accountable is what needs to be stressed, and registering would also provide revenue for the City to hire another animal control officer. He invited anyone who would like to meet his dog to come to St. Joseph Hospital on a Tuesday morning or on Wednesdays at Rosewood. Tom Printy addressed the Council regarding breed specific legislation, commonly known as BSL. He thanked the council for its open mindedness regarding this issue. He stated that there is no breed called Pit Bull – it can refer to any muscle dog which has been fought, even a Labrador. He requested and received Elgin animal control reports covering a couple months. He stated that there doesn’t seem to be a Pit Bull problem in Elgin; however, there is a problem with free roaming dogs. Breed specific legislation is ineffective, unenforceable, and will be a strain on the already over-burdened animal control officer. On behalf of responsible dog owners, he asked that the Council consider a mandatory dog licensure ordinance for all dogs in Elgin. He believes this will make the public safer, it is enforceable, and would generate revenue which hopefully would pay for the animal control officer the City so desperately needs. Kyle Bault stated that in 1950 Orville Davis brought youth sports back to the City of Elgin. Now over 1600 kids participate in Little League softball and baseball. Mr. Bault announced the dates, times, and places for each league’s season opening ceremonies, and invited everyone to attend to see what the many volunteers have done for the kids of Elgin. BID 05-090A AWARDED TO VIDEOTEC CORPORATION FOR THE PURCHASE AND INSTALLATION OF CAMERA SECURITY EQUIPMENT AT THE CENTRE AND HAWTHORNE NATURE CENTER Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to award a contract to Videotec Corporation in the amount of $24,777 for the purchase and installation of security cameras and related equipment for the Centre and Hawthorne Nature Center. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. APRIL 26, 2006 VOLUME LXXI 384 BID 05-108A AWARDED TO TRAFFIC CONTROL AND PROTECTION FOR THE CITYWIDE SIGN REPLACEMENT PROJECT Councilmember Walters made a motion, seconded by Councilmember Rodgers, to award a contract to Traffic Control and Protection in the amount of $128,014.45 for the Citywide Sign Replacement Project. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-031 AWARDED TO TRIGGI CONSTRUCTION, INC. FOR THE 2006 JACKSON/CRYSTAL NEIGHBORHOOD STREET REHABILITATION PROJECT Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to award Triggi Construction, Inc. the 2006 Jackson/Crystal Neighborhood Street Rehabilitation Project in the amount of $2,810,092.50 and to authorize staff to execute the necessary contracts. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-036 AWARDED TO TRIGGI CONSTRUCTION, INC. FOR THE 2006 DOUGLAS/BROOK NEIGHBORHOOD STREETS REHABILITATION PROJECT Councilmember Walters made a motion, seconded by Councilmember Rodgers, to award Triggi Construction, Inc. the 2006 Douglas/Brook Neighborhood Street Rehabilitation Project in the amount of $2,161,003.35 and to authorize staff to execute the necessary contracts. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-040 AWARDED TO BARSON CHEMICAL COMPANY AND HALOGEN SUPPLY COMPANY FOR THE PURCHASE OF THE 2006 POOL CHEMICALS FOR LORDS AND WING PARK FAMILY AQUATIC CENTERS BID Councilmember Kaptain made a motion, seconded by Councilmember Sandor, to approve a contract to Barson Chemical Company for the Lords and Wing Park Family Aquatic Centers for pool chemicals in the amount of $1,174.50 for the “Hydrochloric Acid”, “Taylor Testing Kits”, and “Stabilizer”; and award a contract to Halogen Supply Company for pool chemicals for Lords and Wing Park Family Aquatic Centers in the amount of 420,915 for the purchase of “Pulsar Briquettes”. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI APRIL 26, 2006 385 CONTRACT APPROVED FOR THE PURCHASE OF TWO 2006 REPLACEMENT DUMP TRUCKS WITH SNOW PLOWS AND SPREADERS FOR THE STREET DIVISION OF PUBLIC WORKS FROM PRARIE INTERNATIONAL TRUCK SALES THROUGH THE STATE OF ILLINOIS JOINT PURCHASE PROGRAM Councilmember Sandor made a motion, seconded by Councilmember Walters, to approve the purchase of two 2006 International 7400 truck chassis equipped with dump bodies, snow plows and ice control equipment for the Public Works Department from Prairie International Truck Sales for $183,305. Further, it is approved that both of the trucks scheduled for replacement be disposed of through a public auction later this year following delivery of the new trucks. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. CONTRACT APPROVED FOR THE PURCHASE OF THREE 2006 JOHN DEERE TRACTORS WITH ATTACHMENTS FROM BUCK BROS. INC. UTILIZING THE PRICING FROM THE ILLINOIS ASSOCIATION OF COUNTY BOARD MEMBERS AND COMMISSIONERS BID Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to purchase three 2006 John Deere tractors from Buck Bros. Inc. for $77,293.93 after trading-in the old equipment and utilizing the pricing from the Illinois Association of County Board Members and Commissioners. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 42-05 TABLED REQUESTING PRELIMINARY PLAT APPROVAL AND A MAP AMENDMENT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT AND PRELIMINARY PLAT APPROVAL, TO PERMIT THE CONSTRUCTION OF A NEW COMMERCIAL SUBDIVISION IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 925 SOUTH MCLEAN BOULEVARD, BY HURON INVESTMENT AND DEVELOPMENT COMPANY LLC, AS APPLICANT, AND LOYAL ORDER OF MOOSE, ELGIN LODGE 799, AS OWNER Community Development Director Deering stated that the applicant has requested that consideration of Petition 42-05 be tabled to give them additional time to work out some details. Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to table Petition 42-05 at the request of the applicant. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. APRIL 26, 2006 VOLUME LXXI 386 PETITION 19-06 APPROVED REQUESTING APPROVAL OF AN AMENDMENT TO PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G15-02 TO ALLOW THE CONSTRUCTION OF A GARDEN CENTER ADDITION TO THE MENARD’S STORE ON LOT 2 IN WOODBRIDGE NORTH COMMERCIAL SUBDIVISION; PROPERTY LOCATED AT 801 SOUTH RANDALL ROAD, BY MENARD’S, INC., AS APPLICANT AND OWNER Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve Petition 19-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 20-06 APPROVED REQUESTING FINAL PLAT APPROVAL FOR THE PROVIDENCE SUBDIVISION - UNIT 3D; PROPERTY LOCATED AT 3201 WATER ROAD; BY TOWN AND COUNTRY HOMES, AS APPLICANT AND OWNER Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve Petition 20-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 21-06 APPROVED REQUESTING FINAL PLAT APPROVAL FOR NEIGHBORHOODS “A”, “B”, “C”, “D”, “E”, “F”, “H” AND “K” OF THE HIGHLAND WOODS SUBDIVISION; PROPERTY LOCATED AT 900 COOMBS ROAD; BY CROWN COMMUNITY DEVELOPMENT, AS APPLICANT AND OWNER Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to approve Petition 21-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. ORDINANCE G35-06 PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "ALCOHOLIC LIQUOR DEALERS" Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to pass the aforesaid proposed ordinance. Councilmember Walters made a motion, seconded by Councilmember Gilliam, to vote separately on Section 5 of the proposed ordinance (Elgin Municipal Code Section 6.06.056 entitled “Young Adult Night Permit”). Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. The vote was then taken on passing the proposed ordinance with the exclusion of Section 5 (“Young Adult Night Permit”). Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, VOLUME LXXI APRIL 26, 2006 387 Rodgers, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Sandor. Councilmember Sandor made a motion, seconded by Councilmember Walters, to approve Section 5 of the proposed ordinance (Elgin Municipal Code Section 6.06.056 entitled “Young Adult Night Permit”). Councilmember Gilliam made a motion, seconded by Councilmember Walters, to amend Section 5 of the proposed ordinance (Elgin Municipal Code Section 6.06.056 entitled “Young Adult Night Permit”) by inserting a “sunset” provision” which will provide that without further city council action the provisions of EMC Section 6.06.056 will automatically expire on April 30, 2007. Councilmembers then discussed the proposed amendment to insert the “sunset” provision. Councilmember Walters stated that he did not approve of the action taken at the April 12 Committee of the Whole meeting removing the “sunset” provision. He believes it is important to continue keeping a leash on the establishment (The Mission) which has a Young Adult Night Permit because of potential problems that could occur when having 17 year old and 20 year old people together. He stated that he has received calls from parents and young people objecting to the activities at The Mission. Councilmember Figueroa expressed frustration regarding the “sunset” issue being considered again after it was removed at the last meeting. He stated that he went to the Mission and believes other Councilmembers should take the opportunity to visit the establishment and observe the activities firsthand instead of basing their opinion on pictures sent to them anonymously when there is no way to know whether the pictures were taken at The Mission. He stated that it is an opportunity to spend time with and to interact with the youth of this community. Young people need places to go like this. He stated that the owner of the establishment has done everything the Council requested last year, and the Police Department has stated that there haven’t been any significant problems. Councilmember Gilliam stated that he also went to The Mission, and that is why he is voting to reinstate the “sunset” provision. Councilmember Sandor stated that he is not in favor of reinserting the “sunset” provision. The owner of the establishment has met all the criteria established by the Council. He believes it needs to be a level playing field. The Council just approved establishing six licenses with very few restrictions for applicants as yet unknown. However, we want to continue to put a leash on someone we know, someone who has been in business in Elgin a number of years, and who has complied with all the conditions we established. Councilmember Rodgers stated that this is a tough decision for her. Although she has not visited the establishment, she did receive pictures from an anonymous source and was disturbed by the content, which included pictures of half naked people. She said she has also received calls regarding this establishment from people who did state their names and addresses. She can’t support sending people to a place she wouldn’t allow her daughter or nephew to go to. Although APRIL 26, 2006 VOLUME LXXI 388 she voted to remove the “sunset” provision at the prior meeting, she is now going to change her vote in favor of reinserting it. Councilmember Sandor stated that he also received the pictures, but no one has come forward to say that they sent them, and he questioned how he could know that the pictures were taken at The Mission. He also stated that even without the “sunset” provision, the Liquor Commission has the authority to revoke the “Young Adult Night” permit if there is cause to do so. Councilmember Walters stated that even though the owner of The Mission has been adhering to the conditions established by the Council, he believes it is important to send the message that he is walking a narrow line and he better keep on doing the right things. Councilmember Figueroa asked what people expect to see in pictures taken at a nightclub. He stated: “These are young people. What else do you want them to do? To behave the way we behave? It will never happen!” As a council person, he said he is not here to judge somebody on the basis of moral terms. The Council is here just to judge this business based on what we told the owner to do. “We told him he had a year to make sure that there are no safety issues and no underage people drinking alcohol. He complied with that. What else do you want him to do?” Councilmember Kaptain stated that he also received the pictures. However, it is his policy that unless people are courageous enough to sign their name, what he receives anonymously is pretty much meaningless. He doesn’t know if the pictures were taken out of context or whether they were taken in that building. He stated that he supports the laws of the City of Elgin and the United States. However, he is not the moral police, and he doesn’t inflict his morals on anyone else, and he wouldn’t want them to inflict theirs on him. He agrees with Councilmember Figueroa. Mayor Schock stated that he is going to support the “sunset” provision because the Liquor Commission and the Council took a little leap of faith in the past by agreeing to allow young adults in the same establishment where older adults are being served alcohol. He stated that it’s not a moral issue. It’s a different time and a different generation, and he doesn’t judge anyone who goes there or doesn’t go there. “As the Liquor Commissioner and a Councilmember, if only for a symbolic purpose, I think it is important to point out that this is something that is not easily granted, that is combining in the same establishment, although in different portions of the same establishment, those persons who may legally consume alcohol and those who may not.” As Councilmember Walters said, this sends the message that the Liquor Commission is keeping a close eye on this issue and wants to make sure that the owner exercises every available caution and precaution to make sure that those two groups are not brought together on teen nights. He commended Councilmembers Gilliam and Figueroa for their undercover work in going there. The vote was then taken on the motion to insert the “sunset” provision. Upon a roll call vote: Yeas: Councilmembers Gilliam, Rodgers, Walters, and Mayor Schock. Nays: Councilmembers Figueroa, Kaptain, and Councilmember Sandor. VOLUME LXXI APRIL 26, 2006 389 The vote was then taken on the motion to approve Section 5 as amended. Upon a roll call vote: Yeas: Councilmembers Gilliam, Rodgers, Walters, and Mayor Schock. Nays: Councilmembers Figueroa, Kaptain, and Councilmember Sandor. Ordinance No. G35-06 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED, ENTITLED “ALCOHOLIC LIQUOR DEALERS” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled, “License Classes; Fees,” to add the following new subsections to read as follows: Class E-3: For the retail sale in restaurants, as defined in article I, paragraph 2.23 of the Illinois liquor control law, of alcoholic liquor for consumption on the premises; expressly providing, however, that such licenses shall be issued only to establishments having a regular capacity, in accordance with existing city and state public health and fire prevention ordinances and statutes, to serve meals to not less than sixty (60) persons at any one time, that sixty-five percent (65%) or more of the gross revenue in any month from the operation of the licensed premises must be from the serving of meals and that thirty five percent (35%) or more of the total floor area of the establishment must be utilized for dining room areas for the regular service of meals. There shall be no signage outside a restaurant holding a class E-3 liquor license indicating or advertising the sale of alcoholic liquor. For the purposes of this subsection, "gross revenue" shall be defined as the total amount of cash or other consideration, including all taxes collected by the seller, received by the licensee as the result of the transfer of goods, or the provision of services to another. The licensee shall maintain adequate books and records in accordance with generally accepted accounting standards that shall clearly indicate gross revenue from the sale of alcoholic liquor separately from the gross revenue from the serving of meals. The licensee shall make such books and records available for inspection by the local liquor control commission or its designee. Such inspection may be conducted during normal business hours on the licensed premises or at such other location in the city as directed by the local liquor control commission. The local liquor control commission shall determine, as a result of such inspection, whether, in the local liquor control commission's opinion, the books and records maintained by the licensee meet the requirements of this subsection and whether there is cause for the local liquor control commission to revoke or suspend the license, impose a fine on the licensee, or impose a fine in addition to revoking and suspending the license in accordance with the provisions of this title. The license fee per year is one thousand five hundred dollars ($1,500.00). Class M: For the retail sale, on the premises specified, of alcoholic liquor for consumption on the premises only for establishments located in The Grove Subdivision, said subdivision being in the southeast quarter of section 19, and in the northeast quarter of section 30, all in township 42 north, range 8, east of the third principal meridian in Kane County, Illinois, and said subdivision generally being bounded on the east by APRIL 26, 2006 VOLUME LXXI 390 Randall Road, on the west by Vantage Drive, on the north at a distance approximately 1075 feet north of Northwest Parkway, and on the south at a distance approximately 375 feet of south of Technology Drive. A licensee holding a class M license may sell or permit to be sold alcoholic liquors daily from six o’clock (6:00) A.M. until three o'clock (3:00) A.M. the following day. A licensee holding a class M license may also sell or permit to be sold alcoholic liquors on the Wednesday immediately preceding Thanksgiving Day from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following day and on New Year's Eve from six o'clock (6:00) A.M. until four o'clock (4:00) A.M. the following day. The retail sale of alcoholic liquor for consumption on or within any exterior area adjoining the licensed premises, including but not limited to, a beer garden, patio area or other similar exterior, unroofed or otherwise wholly unenclosed area adjoining and utilized in conjunction with the licensed premises, shall be permitted daily from nine o’clock (9:00) A.M. until one o'clock (1:00) A.M. the following day. A licensee holding a class M license may sell or permit to be sold alcoholic liquor for consumption at a special event off the site of a licensed premises during a special or themed event being conducted on Bushwood Drive upon obtaining a class M special event permit. An application for a class M special event permit shall be filed with the city clerk. The chairman of the local liquor commission may, upon proper application showing conformance with all legal requirements, grant a class M special event permit without conducting a public hearing thereof. In the event the chairman of the local liquor commission declines to grant an application for a class M special event permit, then such application shall be submitted to the local liquor control commission for a public hearing and consideration provided in this chapter. Any such class M special event permit shall also be subject to the following: 1. Applications for a class M special event permit shall be executed both by the class M licensee and the owner of the property at which the special event is proposed to be conducted. 2. No class M special event permit shall be issued for more than three (3) consecutive days. No more than five (5) class M special event permits shall be issued to any licensee during any one calendar year. 3. The hours of a class M special event shall last no later than one o'clock (1:00) A.M. 4. Proof of dramshop insurance verifying coverage for the special event shall be provided by the class M licensee prior to the issuance of a special event permit. There shall be no exterior signage on any premises issued a class M liquor license indicating or advertising the sale of alcoholic liquor. The license fee per year is two thousand five hundred dollars ($2500.00). VOLUME LXXI APRIL 26, 2006 391 Section 2. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.040, entitled, “License Classes; Fees,” to delete subsection W in its entirety. Section 3. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by adding the following new subsection, all to read as follows: A. The number of class A licenses shall not exceed eighteen (18) in number. The number of Class M licenses shall not exceed six (6) in number. The number of Class E-3 licenses shall not exceed one (1) in number. Section 4. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending Section 6.06.055, entitled “Exterior Sales Permit,” to read as follows: There is established an exterior sales permit to allow the retail sale of alcoholic liquor for consumption on or within any beer garden, patio area or other similar outside or unroofed or unenclosed areas (hereinafter referred to as "exterior sales areas") adjoining and utilized in conjunction with a principal establishment for which there is a then currently issued and valid class A, AA, A-1, C, D, E, E-1, E-2, E-3, F, F-1, K or O license. Except as otherwise expressly authorized in this chapter, no alcoholic liquor may be sold, served or consumed in any exterior sales area without first obtaining a permit as provided herein. A. No exterior sales permit shall be issued to any licensee whose establishment is located one hundred feet (100') or closer to any residential zone as measured from the boundary line of such residential zone to the exterior sales area, provided, however, that such distance limitation shall not apply to any licensee located within the CC1 Center City zoning district. Provided further, the foregoing limitation on the issuance of exterior sales permits shall not apply to otherwise qualified establishments located one hundred feet (100') or closer to a residential zone, for which an exterior sales area had been established prior to March 10, 1986. Such otherwise qualified establishments shall be permitted to apply for, obtain and renew an exterior sales permit and to continue sales in the previously established exterior sales area until such sales area is abandoned, discontinued or the exterior sales area is relocated or until the exterior sales permit expires and is not renewed, whichever occurs first. B. Qualified applicants for exterior sales permits shall pay an annual fee of five hundred dollars ($500.00). Provided no fee shall be required for permits issued for exterior sales areas which are engaged in the regular service of food with alcoholic liquor and which have a total seating capacity of not more than twenty (20) or for sales in conjunction with a valid class L license. APRIL 26, 2006 VOLUME LXXI 392 C. Exterior sales permit issued to any licensee for an establishment located within the CC1 center city zoning district and east of the Fox River may include an exterior sales area on an adjacent public sidewalk on property in the front of such an establishment notwithstanding the prohibitions regarding the possession and consumption of alcoholic liquors on public property as provided by subsection 6.06.150B of this chapter and section 13.25.080 of this code or other provisions of this code, further provided however, that any such exterior sales area to be located on any adjacent public sidewalk on property must include the regular service of food with any alcoholic liquor, must not unreasonably obstruct the sidewalk, and must limit hours of operations to no later than twelve o'clock (12:00) midnight. Section 5. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending subsection K of Section 6.06.056, entitled “Young Adult Night Permit,” to read as follows: The provisions of this section providing for a young adult night permit shall without further city council action automatically expire on April 30, 2007. It is hereby declared to be the legislative intent of the city council that the adoption of an ordinance provision for a young adult night permit is being done on an experimental basis only and that no licensee who is granted a young adult night permit shall have any property interest, vested right, or other continuing protectible interest in the continuation of a young adult night permit. The corporation counsel is directed to submit a report to the local liquor control commission prior to the automatic expiration of this section and therein shall advise the local liquor control commission as to the city's experience with a young adult night permit and recommend whether an ordinance providing for the continuation of a young adult night permit should be recommended for adoption by the city council. Section 6. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending the introductory paragraph of Section 6.06.059, entitled “Off-Site Special Event Permit,” to read as follows: There is established a special event permit to allow the retail sale of alcoholic liquor for consumption at a special event off the site of a licensed premises for such events as private parties, picnics or other special or theme event. Special event permits shall be issued only to licensees with a currently issued and valid class A, AA, A-1, D, E, E-1, E- 2, E-3, F, F-1, K, M, N, O, P, R, R-1 or S license. Except as otherwise expressed authorized in this chapter, no alcoholic liquor may be sold, served or consumed at any special event without first obtaining a permit as provided herein. The fee for a special event permit is twenty five dollars ($25.00). Any special event permit shall also be subject to the following: Section 7. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending subsection A of Section 6.06.115, entitled “Basset Training Requirements,” to read as follows: VOLUME LXXI APRIL 26, 2006 393 For licenses effective on or after May 1, 1990, the original or renewal application for a Class A, AA, A-1, B, B-1, C, C-1, D, E, E-1, E-2, E-3, F, F-1, G, J, K, N, M, N-1, O, P, R, R-1, S, and T license shall be accompanied with proof of completion of a State certified “Beverage Alcohol Sellers and Service Education and Training Program” (BASSET) for all persons who serve or sell alcoholic beverages pursuant to that license. Section 8. That Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled “Alcoholic Liquor Dealers,” be and is hereby amended by amending subsection A of Section 6.06.117, entitled “Service Hours,” to read as follows: A licensee holding a class A, AA, B, B-1, C, D, E, E-1, E-2, E-3, F, F-1, G, H, I, J, L, O, P, S or T license may sell or permit to be sold alcoholic liquors only between the following hours: Monday through Thursday: Six o'clock (6:00) A.M. until one o'clock (1:00) A.M. the following day. Friday and Saturday: Six o'clock (6:00) A.M. until two o'clock (2:00) A.M. the following day. Sunday: Nine o'clock (9:00) A.M. until one o'clock (1:00) A.M. the following day. New Year's Eve: Three o'clock (3:00) A.M. the following day. Section 9. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 10. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Passed: April 26, 2006 Vote—Sections 1-4; 6-10: Yeas: 5 Nays: 2 Vote—Section 5: Yeas: 4 Nays: 3 Recorded: April 27, 2006 Published: April 28, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk APRIL 26, 2006 VOLUME LXXI 394 ORDINANCE T17-06 PASSED EXTENDING THE MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR RESIDENTIAL CONDOMINIUM CONVERSIONS IN EXISTING RESIDENTIAL AND COMMERCIAL STRUCTURES ESTABLISHED BY ORDINANCE NO. T1-06 Councilmember Kaptain made a motion, seconded by Councilmember Walters, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. T17-06 AN ORDINANCE EXTENDING THE MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR RESIDENTIAL CONDOMINIUM CONVERSIONS IN EXISTING RESIDENTIAL AND COMMERCIAL STRUCTURES ESTABLISHED BY ORDINANCE NO. T1-06 WHEREAS, the City of Elgin is a home rule unit under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois; and WHEREAS, subject to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection for the public health, safety, morals and welfare; and WHEREAS, the City of Elgin has recently experienced an unprecedented interest in converting existing residential, rental residential and nonresidential structures to residential condominiums (collectively referred to as “residential condominium conversions”); and WHEREAS, the City Council of the City of Elgin has determined that sufficient time must be afforded to enable the city staff to conduct research and consider appropriate regulations, amendments and/or clarifications to protect the public health, safety, welfare and economic prosperity of the City of Elgin in order to present comprehensive plans and official controls regulating residential condominium conversions to the City Council for consideration; and WHEREAS, the City Council of the City of Elgin passed Ordinance No. T1-06 on January 25, 2006 after determining that it is in the public interest and in the interest of the City of Elgin that a moratorium on the issuance of building, development or zoning permits for a condominium conversion be imposed for a period of ninety (90) days in order to afford the city staff with sufficient time to conduct research and consider appropriate regulations regulating residential condominium conversions in the City of Elgin; and WHEREAS, the City Council of the City of Elgin considered a proposed ordinance governing residential condominium conversions in existing residential and commercial structures on April 12, 2006 and determined that additional research and consultation was necessary to address concerns raised regarding several provisions of the proposed ordinance; and VOLUME LXXI APRIL 26, 2006 395 WHEREAS, the City Council of the City of Elgin has determined that the moratorium on the issuance of building, development or zoning permits for a condominium conversion established under Ordinance No. T1-06 be extended until May 31, 2006 in order to provide additional time to properly address concerns raised regarding several provisions of the proposed ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Illinois as follows: Section 1. Incorporation of Preambles. The preambles of this ordinance are hereby incorporated into this text as if set out herein in full. Section 2. In accordance with Section 6 of Ordinance No. T1-06, the City Council of the City of Elgin hereby extends until May 31, 2006 the moratorium on the issuance of any building, development or zoning permits for condominium conversions for the purpose of converting any existing residential, rental residential or nonresidential structures to a residential condominium. Section 3. While this ordinance remains in effect, no building, development, zoning or other permit, or other applicable entitlement, which entails in whole or in part the conversion of any existing residential or nonresidential structures to residential condominiums within the City of Elgin shall be issued. Section 4. While this ordinance remains in effect, no person, firm, partnership, association, corporation, company or organization of any kind shall convert, in whole or in part, or attempt to convert, in whole or in part, any existing residential or nonresidential structures to residential condominium. Section 5. During the extension of the moratorium, continued study and consultation on the proposed ordinance is hereby authorized and directed so that the City of Elgin can adopt comprehensive plans and official controls regulating residential condominium conversions in the City of Elgin. Section 6. Unless earlier terminated or extended by action of the City Council of the City of Elgin, this ordinance shall be effective until May 31, 2006. Section 7. Severability. If any provision, clause, sentence, paragraph, section or part of this ordinance or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this ordinance and its application to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to the legislative intent of the city council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section or part thereof not been included. APRIL 26, 2006 VOLUME LXXI 396 Section 8. That this ordinance shall be in full force and effect immediately upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Passed: April 26, 2006 Vote: Yeas: 7 Nays: 0 Recorded: April 27, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-100 ADOPTED AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH REZEK, HENRY MEISENHEIMER AND GENDE FOR THE CONSTRUCTION PHASE OF THE WATER DEPARTMENT BACKUP POWER PROJECT Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-100 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH REZEK, HENRY, MEISENHEIMER & GENDE, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE WATER DEPARTMENT BACKUP POWER PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an engineering services agreement on behalf of the City of Elgin with Rezek, Henry, Meisenheimer & Gende, Inc. for engineering services in connection with the Water Department backup power project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI APRIL 26, 2006 397 Presented: April 26, 2006 Adopted: April 26, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Sandor, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Dixon Dance Academy West Dundee, IL $10,848.50 Dance Instruction at Centre for 1st quarter of 2006 Economics Research Associates Los Angeles, CA $28,177.85 Professional Services with Elgin Performing Arts-Orientation and Market Assessment City of Aurora Aurora, IL $35,756.00 Reimbursement for Officer from July 1, 2005- December 31, 2005 Emergency Communications Network Ormond Beach, FL $10,000.00 Code Red Services for City Hall one year extension CONSENT AGENDA By unanimous consent, Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to pass Ordinance Nos. and adopt Resolution Nos. by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 06-89 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. APRIL 26, 2006 VOLUME LXXI 398 Resolution No. 06-89 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH SENIOR SERVICES ASSOCIATES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Senior Services Associates, Inc. to provide support for programs assisting senior citizens, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-90 ADOPTED AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR A CINCO DE MAYO PARADE, CARNIVAL AND FESTIVAL Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-90 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR A CINCO DE MAYO PARADE, CARNIVAL AND FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Special Event Co-Sponsorship Agreement on behalf of the City of Elgin with the Downtown Neighborhood Association for a Cinco de Mayo parade to be held on May 6, VOLUME LXXI APRIL 26, 2006 399 2006, and for a carnival and a festival to be held from May 4, 2006 through May 7, 2006, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-91 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH RICHARD L. JOHNSON AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE HEMMENS CULTURAL CENTER INTERIOR DESIGN SERVICES Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-91 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH RICHARD L. JOHNSON AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE HEMMENS CULTURAL CENTER INTERIOR DESIGN SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Richard L. Johnson and Associates, Inc. for professional services in connection with the Hemmens Cultural Center Interior Design Services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk APRIL 26, 2006 VOLUME LXXI 400 RESOLUTION 06-92 ADOPTED APPOINTING A MEMBER TO THE PARKS AND RECREATION BOARD Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-92 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Shurrod Strickland be and is hereby appointed as a member of the Parks and Recreation Board, for a term to expire January 31, 2007. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-93 ADOPTED CONSENTING TO THE CHANGE OF CONTROL OF THE CABLE FRANCHISEE FROM WIDEOPENWEST HOLDINGS, LLC TO RACECAR ACQUISITION, LLC. Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-93 RESOLUTION CONSENTING TO THE CHANGE OF CONTROL OF THE CABLE FRANCHISEE FROM WIDEOPENWEST HOLDINGS, LLC TO RACECAR ACQUISITION, LLC WHEREAS, WideOpenWest Illinois, LLC (the “Franchisee”) is the holder of a franchise to provide cable service in the City of Elgin (the “Franchise”), subject to the provisions of a VOLUME LXXI APRIL 26, 2006 401 franchise agreement between the Municipality and the Franchisee dated May 28, 1997 (together with any amendments, the “Franchise Agreement”) and subject to Resolution No. 97-123 of the City (the “Cable Resolution”). The Franchise Agreement and the Cable Resolution are collectively referred to as the “Franchise Documents;” and WHEREAS, WideOpenWest Holdings, LLC (“WOW”), the Franchisee’s ultimate corporate parent, and Racecar Acquisition, LLC (“Racecar”) jointly submitted to the City of Elgin their application on Federal Communications Commission (“FCC”) Form 394, dated December 23, 2005 (the “Application”), requesting that the Municipality approve the Change of Control of the Franchisee from WOW to Racecar as more fully described therein (the “Change of Control”); and WHEREAS, pursuant to the information requests of the City of Elgin, the Franchisee supplemented the Application with additional documents and information; and WHEREAS, the Franchisee has made various representations in the Application and supplemental information thereto; and WHEREAS, the City of Elgin and the Franchisee have negotiated an agreement regarding certain conditions of this consent (the “Change of Control Agreement”), a copy of which is attached as Exhibit A and is incorporated by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: Section 1. In reliance upon the representations and information submitted in the Application and supplemental information thereto and subject to the conditions set forth in the Change of Control Agreement, the City of Elgin hereby consents to the Change of Control of the Franchisee from WOW to Racecar as described in the Application and supplemental information thereto; and Section 2. The City of Elgin’s consent is subject to the Franchisee executing and delivering to the City of Elgin a Change of Control Agreement in the form of the attached Exhibit A by no later than 30 days from the date the City of Elgin sends a certified copy of this consent Resolution to the Franchisee; and Section 3. By this consent, the City of Elgin does not agree to any renewal or extension of the Franchise. Any pending or future renewal or extension of the Franchise shall be subject to applicable federal, state and local laws, and the Franchise Documents; and Section 4. The Mayor is hereby authorized and directed to execute and deliver the Change of Control Agreement in substantially the form of the attached Exhibit A. Section 5. If any portion of this Resolution or application thereof is found to be unenforceable such provision shall not effect any other application thereof or the enforceability of the remaining provisions herein to the extent permitted by law. APRIL 26, 2006 VOLUME LXXI 402 Section 6. This Resolution shall be effective upon passage, adoption and approval by the City Council. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-94 ADOPTED RATIFYING THE EXECUTION OF AN AGREEMENT REGARDING RELEASE AND VACATION OF PUBLIC EASEMENTS FOR DETENTION AND FOR PUBLIC UTILITIES WITH ELGIN REALTY PARTNERS LLC FOR PROPERTY AT RANDALL ROAD AND COLLEGE GREEN DRIVE Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-94 RESOLUTION RATIFYING THE EXECUTION OF AN AGREEMENT REGARDING RELEASE AND VACATION OF PUBLIC EASEMENTS FOR DETENTION AND FOR PUBLIC UTILITIES WITH ELGIN REALTY PARTNERS LLC FOR PROPERTY AT RANDALL ROAD AND COLLEGE GREEN DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of an Agreement Regarding Release and Vacation of Public Easements for Detention and for Public Utilities with Elgin Realty Partners LLC by Ed Schock, Mayor, and Dolonna Mecum, City Clerk, for the property at Randall Road and College Green Drive, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI APRIL 26, 2006 403 Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-95 ADOPTED RATIFYING THE EXECUTION OF A GRANT OF STORMWATER LINE AND DRAINAGE EASEMENT TO ELGIN REALTY PARTNERS LLC FOR PROPERTY AT RANDALL ROAD AND COLLEGE GREEN DRIVE Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-95 RESOLUTION RATIFYING THE EXECUTION OF A GRANT OF STORMWATER LINE AND DRAINAGE EASEMENT TO ELGIN REALTY PARTNERS LLC FOR PROPERTY AT RANDALL ROAD AND COLLEGE GREEN DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Grant of Stormwater Line and Drainage Easement to Elgin Realty Partners LLC by Ed Schock, Mayor, and Dolonna Mecum, City Clerk, for the property at Randall Road and College Green Drive, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk APRIL 26, 2006 VOLUME LXXI 404 RESOLUTION 06-96 ADOPTED RATIFYING THE EXECUTION OF AN AGREEMENT REGARDING DETENTION BASIN EASEMENT WITH ELGIN REALTY PARTNERS LLC FOR PROPERTY AT RANDALL ROAD AND COLLEGE GREEN DRIVE Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-96 RESOLUTION RATIFYING THE EXECUTION OF AN AGREEMENT REGARDING DETENTION BASIN EASEMENT WITH ELGIN REALTY PARTNERS LLC FOR PROPERTY AT RANDALL ROAD AND COLLEGE GREEN DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of an Agreement Regarding Detention Basin Easement with Elgin Realty Partners LLC by Ed Schock, Mayor, and Dolonna Mecum, City Clerk, for the property at Randall Road and College Green Drive, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-97 ADOPTED RATIFYING THE EXECUTION OF AN AMENDMENT TO SPECIFIC BUYER COMMISSION AGREEMENT WITH STAUBACH RETAIL SERVICES-MIDWEST, INC. FOR PROPERTY AT RANDALL ROAD AND COLLEGE GREEN DRIVE Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI APRIL 26, 2006 405 Resolution No. 06-97 RESOLUTION RATIFYING THE EXECUTION OF AN AMENDMENT TO SPECIFIC BUYER COMMISSION AGREEMENT WITH STAUBACH RETAIL SERVICES-MIDWEST, INC. FOR PROPERTY AT RANDALL ROAD AND COLLEGE GREEN DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of an Amendment to Specific Buyer Commission Agreement with Staubach Retail Services-Midwest, Inc. by Ed Schock, Mayor, and Dolonna Mecum, City Clerk, for the property at Randall Road and College Green Drive, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-98 ADOPTED APPROVING FINAL PLAT FOR SPARTAN GREEN SUBDIVISION Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-98 RESOLUTION APPROVING FINAL PLAT FOR SPARTAN GREEN SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat for the Spartan Green Subdivision prepared by Landmark Engineering Group dated February 3, 2006, last revised April 19, 2006, with such further revisions thereto as required by the City Engineer of the City of Elgin. s/ Ed Schock Ed Schock, Mayor APRIL 26, 2006 VOLUME LXXI 406 Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-99 ADOPTED AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH REZEK, HENRY, MEISENHEIMER & GENDE, INC. IN CONNECTION WITH THE HIGHLAND AVENUE WATER TOWER Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-99 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH REZEK. HENRY, MEISENHEIMER & GENDE, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE HIGHLAND AVENUE WATER TOWER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Rezek, Henry, Meisenheimer & Gende, Inc. for engineering services in connection with the Highland Avenue Water Tower, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI APRIL 26, 2006 407 ORDINANCE T18-06 PASSED REPEALING ORDINANCE NO. S23-05 ENTITLED "AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (ELGIN REGIONAL PARK--4600 PLANK ROAD)" Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. T18-06 AN ORDINANCE REPEALING ORDINANCE NO. S23-05 ENTITLED “AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Elgin Regional Park-4600 Plank Road)" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. S23-05 passed October 12, 2005, entitled “An Ordinance Annexing Certain Territory to the City of Elgin (Elgin Regional Park-4600 Plank Road)" be and is hereby repealed. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Passed: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 27, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk APRIL 26, 2006 VOLUME LXXI 408 ORDINANCE S11-06 PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (ELGIN REGIONAL PARK-4600 PLANK ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Ordinance No. S11-06 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Elgin Regional Park-4600 Plank Road) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice in the manner provided by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territory and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: PARCEL 1: PART OF THE EAST HALF OF THE NORTHEAST QUARTER AND PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 10, AND ALSO PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINES OF PLANK AND MUIRHEAD ROADS (AS SHOWN LOCATED ON A PLAT RECORDED JULY 20, 1988 AS DOCUMENT NUMBER 1921746); THENCE NORTH 80 DEGREES 06 MINUTES 47 SECONDS WEST ALONG THE CENTERLINE OF SAID PLANK ROAD 116.36 FEET TO A POINT ON THE VOLUME LXXI APRIL 26, 2006 409 WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE NORTH 00 DEGREES 14 MINUTES 38 SECONDS WEST ALONG SAID WEST LINE FOR 828.61 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 00 DEGREES 03 MINUTES 26 SECONDS EAST ALONG THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 10 FOR 2665.41 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF; THENCE NORTH 89 DEGREES 12 MINUTES 25 SECONDS EAST 1334.90 FEET TO THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 10; THENCE NORTH 88 DEGREES 30 MINUTES 16 SECONDS EAST ALONG THE NORTH LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 11 FOR 273.01 FEET; THENCE SOUTH 01 DEGREES 29 MINUTES 44 SECONDS EAST 351.97 FEET TO A POINT OF TANGENCY; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 500.00 FEET, A CHORD BEARING OF SOUTH 16 DEGREES 08 MINUTES 59 SECONDS WEST, FOR AN ARC LENGTH OF 307.97 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG AN ARC OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1000.00 FEET, A CHORD BEARING OF SOUTH 05 DEGREES 32 MINUTES 32 SECONDS WEST, FOR AN ARC LENGTH OF 986.21 FEET; THENCE SOUTH 67 DEGREES 30 MINUTES 00 SECONDS WEST 513.05 FEET; THENCE SOUTH 22 DEGREES 30 MINUTES 00 SECONDS WEST 161.68 FEET; THENCE SOUTH 22 DEGREES 30 MINUTES 00 SECONDS EAST 417.27 FEET; THENCE SOUTH 67 DEGREES 30 MINUTES 27 SECONDS WEST 209.90 FEET; THENCE SOUTH 22 DEGREES 30 MINUTES 54 SECONDS WEST 155.57 FEET; THENCE SOUTH 22 DEGREES 50 MINUTES 34 SECONDS EAST 861.76 FEET; THENCE SOUTH 09 DEGREES 53 MINUTES 13 SECONDS WEST 378.78 FEET TO THE CENTERLINE OF SAID PLANK ROAD; THENCE NORTH 80 DEGREES 06 MINUTES 47 SECONDS WEST ALONG SAID CENTERLINE FOR 100.00 FEET; THENCE NORTH 09 DEGREES 53 MINUTES 13 SECONDS EAST 360.00 FEET; THENCE NORTH 80 DEGREES 06 MINUTES 47 SECONDS WEST 605.00 FEET; THENCE SOUTH 09 DEGREES 53 MINUTES 13 SECONDS WEST 360.00 FEET TO THE CENTERLINE OF SAID PLANK ROAD; THENCE NORTH 80 DEGREES 06 MINUTES 47 SECONDS WEST ALONG SAID CENTER LINE FOR 275.00 FEET TO THE POINT OF BEGINNING, ALL IN THE TOWNSHIP OF PLANO, KANE COUNTY, ILLINOIS. PARCEL 2 PART OF THE EAST HALF OF THE NORTHEAST QUARTER AND PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 10, AND ALSO PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 11, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: APRIL 26, 2006 VOLUME LXXI 410 COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINES OF PLANK AND MUIRHEAD ROADS (AS SHOWN LOCATED ON A PLAT RECORDED JULY 20, 1988 AS DOCUMENT NUMBER 1921746); THENCE SOUTH 80 DEGREES 06 MINUTES 47 SECONDS EAST ALONG CENTERLINE OF SAID PLANK ROAD FOR 980.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 09 DEGREES 53 MINUTES 13 SECONDS EAST 378.78 FEET; THENCE NORTH 22 DEGREES 50 MINUTES 34 SECONDS WEST 861.76 FEET; THENCE NORTH 22 DEGREES 30 MINUTES 54 SECONDS EAST 155.57 FEET; THENCE NORTH 67 DEGREES 30 MINUTES 27 SECONDS EAST 209.90 FEET; THENCE NORTH 22 DEGREES 30 MINUTES 00 SECONDS WEST 417.27 FEET; THENCE NORTH 22 DEGREES 30 MINUTES 00 SECONDS EAST 161.68 FEET; THENCE NORTH 67 DEGREES 30 MINUTES 00 SECONDS EAST 513.05 FEET TO A NON-TANGENTIAL CURVE; THENCE NORTHEASTERLY ALONG AN ARC OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1000.00 FEET, A CHORD BEARING OF NORTH 05 DEGREES 32 MINUTES 32 SECONDS EAST, FOR AN ARC LENGTH OF 986.21 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 500.00 FEET, A CHORD BEARING OF NORTH 16 DEGREES 08 MINUTES 59 SECONDS EAST, FOR AN ARC LENGTH OF 307.97 FEET TO A POINT OF TANGENCY; THENCE NORTH 01 DEGREES 29 MINUTES 44 SECONDS WEST 351.97 FEET TO THE NORTH LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE NORTH 88 DEGREES 30 MINUTES 16 SECONDS EAST ALONG SAID NORTH LINE 1070.18 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 18 MINUTES 30 SECONDS WEST 2662.27 FEET TO THE SOUTHEAST CORNER OF SAID WEST HALF OF THE NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 13 MINUTES 53 SECONDS EAST ALONG THE EAST LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER 1350.30 FEET TO THE CENTERLINE OF SAID PLANK ROAD; THENCE NORTH 80 DEGREES 06 MINUTES 47 SECONDS WEST 1611.63 FEET TO THE POINT OF BEGINNING, ALL IN THE TOWNSHIP OF PLANO, KANE COUNTY, ILLINOIS (Property commonly known as 4600 Plank Road). Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI APRIL 26, 2006 411 Presented: April 26, 2006 Passed: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: April 27, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-101 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT WITH CONOPCO, INC. (UNILEVER BESTFOODS PROPERTIES AT 51-87 AND 119 N. STATE STREET AND 322 W. HIGHLAND AVENUE, ELGIN, ILLINOIS) Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-101 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT WITH CONOPCO, INC. (Unilever Bestfoods Properties at 51-87 and 119 N. State Street and 322 W. Highland Avenue, Elgin, Illinois) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Conopco, Inc., for the purchase of property commonly known as 51-87 and 119 N. State Street and 322 W. Highland Avenue, Elgin, for $3,750,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk APRIL 26, 2006 VOLUME LXXI 412 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Rodgers, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Sales Tax Report for January 2006 Telecommunications Tax Report for January 2006 Hemmens Advisory Board Minutes for April 13, 2006 Parks and Recreation Advisory Board Minutes for February 28, 2006 Planning and Development Commission Minutes for February 6, 2006 Zoning and Subdivision Hearing Board Minutes for March 15, 2006 Committee of the Whole Minutes for March 22, 2006 City Council Minutes for March 22, 2006 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. The meeting adjourned at 8:32 p.m. s/Dolonna Mecum May 10, 2006 Dolonna Mecum, City Clerk Date Approved