Loading...
HomeMy WebLinkAbouti - May 10413 VOLUME LXXI MAY 10, 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 May 10, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:07 p.m. The Invocation was given by Pastor Mike McCall from Manifold Mercies and the Pledge of Allegiance was led by Robert Siljestrom. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE APRIL 26, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve the April 26, 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 Proclamation Recognizing the 60th Anniversary of the Annual Parade of Quartets Mayor Schock read a proclamation in recognition of the 60th Anniversary of the Annual Parade of Quartets to commence on May 20, 2006. The Elgin Chapter of Barbershoppers was chartered in 1946, and the First Annual Parade of Quartets was held on May 21, 1947, at the Masonic Temple where 1300 tickets were sold. The Elgin Chapter of Barbershoppers, known as the Fox Valley Men of Harmony, is believed to be the oldest sustaining chorus in the City of Elgin. They entertained the City Council and audience with their rendition of “Hello Mary Lou, Goodbye Heart.” Proclamation Recognizing Motorcycle Awareness Month Mayor Schock read a proclamation in recognition of the 19th Anniversary of the efforts of A.B.A.T.E. (A Brotherhood Aimed Toward Education). The members of A.B.A.T.E. OF Illinois, Inc. continually promote motorcycle safety, education and awareness in high school MAY 10, 2006 VOLUME LXXI 414 drivers’ education programs and to the general public. Mayor Schock declared May 2006 as Motorcycle Awareness Month. BID 05-077 AWARD FOR THE PURCHASE OF POWDERED ACTIVATED CARBON DELAYED At staff’s request, awarding the bid for the replacement of a vendor to supply powdered activated carbon was delayed to allow Staff additional time for review. BID 06-021 AWARDED TO MARCY RATH AND K’S AUCTION SERVICES FOR A ONE-YEAR CONTRACT TO PROVIDE AUCTIONEER SERVICES Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a one- year contract with a one-year renewal option to Marcy K. Rath and K’s Auction Service to provide auctioneer services for the City to be paid by commission of sales listed as follows: a commission of 5% for vehicles, if the equipment is sold on Elgin premises and 10% if consolidated with other consignors at their location; a commission of 25% for the spring auction and will be reduced to 20% if the City provides personnel to act as ring men and runners (in the past the City has provided such personnel). Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-034 AWARDED TO DAVEY TREE EXPERT FOR MUNICIPAL TREE REMOVAL AND EMERGENCY TREE SERVICES Councilmember Rodgers made a motion, seconded by Councilmember Kaptain, to award a contract to Davey Tree Expert in the amount of $60,000 for municipal tree removal and emergency tree services. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-039 AWARDED TO SCHAEFGES BROTHERS FOR THE CONSTRUCTION FESTIVAL PARK PHASE II IMPROVEMENTS Councilmember Walters made a motion, seconded by Councilmember Rodgers, to award a contract to Schaefges Brothers in the amount of $4,351,520 for the construction of Festival Park Phase II improvements. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI MAY 10, 2006 415 BID 06-042 AWARDED TO MEYER MATERIAL AND OZINGA CONCRETE PRODUCTS FOR THE PURCHASE OF PORTLAND CEMENT CONCRETE Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract for the purchase of Portland cement concrete to Meyer Material for an estimated value of $25,800 and a contract to Ozinga Concrete Products for $90.00 per cubic yard to be used as needed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-045 AWARDED TO ALLIANCE SWEEPING AND WINDOW CLEANING FOR PARKING DECK CLEANING SERVICES Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to award the bid for parking deck cleaning services to Alliance Sweeping and Window Cleaning in the amount of $53,250. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-047 AWARD FOR THE 2006 DECORATIVE STREET LIGHT PAINTING DELAYED At staff’s request, awarding the bid for the 2006 Decorative Street Light Painting Project was delayed pending further review. BID 06-048 AWARDED TO MEADE ELECTRIC FOR THE 2006 TRAFFIC SIGNAL MAINTENANCE PROGRAM Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award the 2006 Traffic Signal Maintenance Program to Meade Electric in the amount of $53,460. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING THE PROPOSED ISSUANCE AND SALE OF ADJUSTABLE RATE DEMAND REVENUE BONDS, JUDSON COLLEGE, SERIES 2006, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $9,500,000. Mayor Schock declared the public hearing open. No one else chose to speak. Mayor Schock declared the public hearing closed. MAY 10, 2006 VOLUME LXXI 416 ORDINANCE S12-06 PASSED AUTHORIZING THE ISSUANCE AND SALE OF ADJUSTABLE RATE DEMAND REVENUE BONDS, JUDSON COLLEGE, SERIES 2006, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $9,500,000, AND CONFIRMING THE SALE THEREOF; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT, A TRUST INDENTURE, A BOND PURCHASE AGREEMENT, A SUPPLEMENTAL INDENTURE OF TRUST AND RELATED DOCUMENTS; AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT; APPROVING THE DELIVERY OF A LETTER OF CREDIT, A REIMBURSEMENT AGREEMENT AND A REMARKETING AGREEMENT; AND AUTHORIZING CERTAIN RELATED MATTERS Councilmember Walters 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 S12-06 IS NOT INCLUDED IN THESE MINUTES. THE ORIGINAL IS ON FILE IN THE CITY CLERK’S OFFICE. PETITION 16-06 APPROVED REQUESTING CONDITIONAL USE APPROVAL IN THE CC2 CENTER CITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, TO PERMIT THE ESTABLISHMENT OF A RETAIL BAKERY; PROPERTY LOCATED AT 247 DUNDEE AVENUE BY KRN INVESTMENTS, AS APPLICANT, AND STEVEN STRAUROPOULOS, AS OWNER Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to approve Petition 16-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 18-06 APPROVED REQUESTING AMENDMENTS TO THE TEXT OF TITLE 19, ZONING, OF THE ELGIN MUNICIPAL CODE, BY THE CITY OF ELGIN, AS APPLICANT Councilmember Gilliam made a motion, seconded by Councilmember Sandor, to approve Petition 18-06 subject to conditions. Assistant Community Development Director Pruss stated that this item is a proposed amendment to the City’s current definition of “family” contained in the zoning ordinance. At a December Committee of the Whole meeting, the Council authorized staff to file a petition and hold a public hearing before the Planning and Development Commission, which recommended approval. Councilmember Figueroa expressed concerns and asked questions which included the following: what is not working regarding enforcing overcrowding based on the current definition; would extended families and unmarried couples with children living together be in violation of the VOLUME LXXI MAY 10, 2006 417 proposed ordinance; how difficult is it going to be for people to prove they are currently living together as a functional family; will it overburden staff to have to review birth certificates, marriage certificates, etc., and will this generate future legal problems. Corporation Counsel Cogley made the following comments in response to concerns raised and questions asked. It is the Legal Department’s opinion that an amendment to this definition would be appropriate to insure its enforceability. This ordinance actually expands the definition of a family. The existing ordinance limits the number of unrelated people who may live together to no more than three, but it places no restrictions on the number of related people who live together. There are developments in the law which suggests that we have to take a more expansive view of what is a family. The City has a zoning classification which provides for single family residential zoning. In order to have an enforceable single family residential zoning, we need to know what a single family consists of. The amendments that are being presented expand the definition to acknowledge a more alternative lifestyle wherein people who are living as a family but don’t happen to be married or related by blood will be considered family. The City for a number of years has not been enforcing its definition of a family. What the City has been doing is simply enforcing the numerical limitation under the Property Maintenance Code. Mr. Cogley stated that there are a series of factors set out in Section 2 of the proposed ordinance which will be taken into account to determine a family. A family under the new ordinance will include one or more people related by blood, marriage or adoption; a group of not more than three people living together who are unrelated; group homes and their support staff; and four or more people not related to one another living as a traditional family or “the functional equivalent” of a family. He explained that to prove they are an equivalent of a family, residents must prove they share the entire unit; look like a family; share expenses; and they’re not transient. There are egregious circumstances that we have trouble enforcing now because we don’t have an enforceable definition. There can be 10 unrelated adults with the owner renting out rooms to people. We want an enforceable ordinance that says that is not a single family. These situations are not frequent, but they are egregious in the neighborhoods, and we want a mechanism to identify those situations and enforce them. This ordinance would bring in under a lawful status the unmarried couple and children living together, and also allow us to enforce a reasonable standard of “family” against those other egregious and unlawful situations where we are currently limited to the numerical occupancy standards. We have acknowledged that extended family related by several degrees of consanguinity may want to live together, and we allow that under this ordinance. We are not trying to limit extended family relationships from living together. Mr. Cogley further stated that in his discussions with Community Development Director Deering, this is just another tool that will be helpful in enforcing regulations the City has. This issue will come up mostly regarding complaints where there are too many people residing in a house, illegal units, etc. There is not going to be a separate initiative to go through the City to see who is a family and who isn’t. This tool will be used in the regular course of business in the MAY 10, 2006 VOLUME LXXI 418 type of cases that the City already deals with such as basement occupancies, illegal units, and occupancy overcrowding complaints. Councilmember Gilliam stated that it is his understanding that this will probably only occur about four or five times a year. Mr. Cogley stated that he concurs with the information he received from Mr. Deering earlier today. However, these are important cases which impact neighborhoods. There are some egregious violators who look nothing like any kind of family. They are all just individuals living in rooms which are being rented out to them. Councilmember Gilliam stated that people think the City is going to go out and try to break up families, but this is a tool to be used only in the worse case scenario. He stated that he feels comfortable with the proposed ordinance. Councilmember Rodgers asked how the ordinance would affect a person who owns a house which is large enough for six or seven people to live in. Mr. Cogley responded that if the house is zoned as a single family dwelling, they are not allowed to rent out rooms, like a rooming house, to unrelated people. Councilmember Rodgers stated that she is concerned about facing possible legal issues regarding this ordinance in the future. Mr. Cogley stated that he believes the current ordinance has more potential for problems, and he believes the proposed ordinance will provide a lawful amendment to it. Councilmember Rodgers stated that she wanted to confirm that the ordinance will not affect the Larkin Center or AID. Mr. Cogley stated that the proposed ordinance recognizes as a lawful family unit persons participating in a program for residential care plus support staff. Councilmember Sandor stated that it is his opinion that the Council isn’t actually defining a family but a functional equivalent of a family. One of the biggest problems facing a number of neighborhoods is overcrowding, which can’t be addressed under the current ordinance. This gives the City another tool to work with. Nobody likes their neighborhood to be overcrowded. He thinks this is an important step, and he hopes circumstances don’t warrant it being used frequently. Councilmember Figueroa stated that he had been concerned and was originally going to vote against this initiative because of his fear about the impact on extended families in this community. Based on the advice he has been getting from the Legal Department, he is going to support it, because something definitely needs to be done about overcrowding. He stated that he hopes the City will use this tool wisely. He also stated that he would be first one coming before this Council if he hears complaints about how this tool is being used, and he hopes that day never comes. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI MAY 10, 2006 419 PETITION 22-06 APPROVED REQUESTING A ZONING MAP AMENDMENT TO RECLASSIFY PROPERTY LOCATED IN AN ARC ARTERIAL ROAD CORRIDOR DISTRICT FROM ORI OFFICE RESEARCH INDUSTRIAL DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT; PROPERTY LOCATED AT 1425 NORTH RANDALL ROAD; BY SHERMAN HEALTH SYSTEMS, AN ILLINOIS NOT-FOR-PROFIT CORPORATION, AS APPLICANT AND OWNER Assistant Community Development Director Pruss stated that the applicant is proposing the relocation of their hospital campus from its current location to the west side of the City on the east side of Randall road between Big Timber road and Fox Lane. The “senior living facility” proposed to be located in the southeast corner of the medical campus, near Century Oaks West Subdivision, was removed from the proposal. Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to approve Petition 22-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Councilmember Gilliam abstained due to a conflict of interest. PETITION 25-06 APPROVED REQUESTING A VARIATION OF ARTICLE 4 SECTION 406 (A) (PUBLIC HEALTH PROTECTION STANDARDS) AND 407 (B) (BUILDING PROTECTION STANDARDS) OF TITLE 21 OF THE ELGIN MUNICIPAL CODE - STORMWATER MANAGEMENT ORDINANCE OF THE CITY OF ELGIN, TO PERMIT THE CONSTRUCTION OF A BUILDING; PROPERTY LOCATED AT 190 SOUTH GROVE AVENUE, BY THE CITY OF ELGIN, AS APPLICANT AND OWNER Assistant Community Development Director Pruss stated that this request is to allow for the construction of washroom facilities at Festival Park.. Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve Petition 25-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 32-06 APPROVED REQUESTING FINAL PLAT APPROVAL FOR THE TYLER CREEK PLAZA RESUBDIVISION NUMBER 1; PROPERTY LOCATED AT 1175 NORTH MCLEAN BOULEVARD AND 1475 TODD FARM DRIVE, THE CIRCLE LAND COMPANY, AS APPLICANT AND Z INVESTMENTS, AS OWNER Assistant Community Development Director Pruss stated that the applicant proposed to develop a residential community with a total of 35 townhouse units and open space on the easterly 6.3 acres. MAY 10, 2006 VOLUME LXXI 420 Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve Petition 32-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Walters, and Mayor Schock. Nays: Councilmember Sandor. RESOLUTION 06-110 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR THE PURCHASE OF PORTABLE RADIOS Councilmember Walters made a motion, seconded by Councilmember Gilliam, 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. 06-110 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MOTOROLA, INC. FOR PURCHASE OF PORTABLE RADIOS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Motorola, Inc. for the purchase of 19 portable XTS5000 radios, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 10, 2006 Adopted: May 10, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-111 TABLED AUTHORIZING TERMINATION OF A PROFESSIONAL SERVICES AGREEMENT WITH CAL-PACIFIC CARBON, LLC. FOR PURCHASE OF POWDERED ACTIVATED CARBON FOR WATER TREATMENT Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to table the resolution pending further review by Staff. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI MAY 10, 2006 421 CONSENT AGENDA By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G36-06, T18-06, and T19-06 and adopt Resolution Nos. 06-102 through 06-109 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. ORDINANCE T18-06 PASSED REPEALING ORDINANCE NO. G86-05 ENTITLED "AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT (ELGIN REGIONAL PARK-4600 PLANK ROAD)" Councilmember Walters made a motion, seconded by Councilmember Figueroa, 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. G86-05 ENTITLED “AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT (Elgin Regional Park-4600 Plank Road)" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. G86-05 passed October 12, 2005, entitled “An Ordinance Classifying Newly Annexed Territory in the CF Community Facility District (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 MAY 10, 2006 VOLUME LXXI 422 Presented: May 10, 2006 Passed: May 10, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: May 11, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G36-06 PASSED CLASSIFYING NEWLY ANNEXED TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT (ELGIN REGIONAL PARK-4600 PLANK ROAD) Councilmember Walters made a motion, seconded by Councilmember Figueroa, 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. G36-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT (Elgin Regional Park – 4600 Plank Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a CF Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the CF Community Facility District, the following described property: VOLUME LXXI MAY 10, 2006 423 “The boundaries herein before laid out in t he ‘Zoning District Map’, as amended, be and are hereby altered by including in the CF Community Facility District, the following described:” 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 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 MAY 10, 2006 VOLUME LXXI 424 378.78 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: 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 VOLUME LXXI MAY 10, 2006 425 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 this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: May 10, 2006 Passed: May 10, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: May 11, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-102 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHARLES H. SCHRADER AND ASSOCIATES, INC. FOR GRANT ADMINISTRATION SERVICES Councilmember Walters made a motion, seconded by Councilmember Figueroa, 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. 06-102 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHARLES H. SCHRADER AND ASSOCIATES, INC. FOR GRANT ADMINISTRATION SERVICES 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 MAY 10, 2006 VOLUME LXXI 426 an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED 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 Charles H. Schrader and Associates, Inc. for grant administration services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 10, 2006 Adopted: May 10, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-103 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN COMMUNITY NETWORK Councilmember Walters made a motion, seconded by Councilmember Figueroa, 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. 06-103 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN COMMUNITY NETWORK, 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 Elgin Community Network, Inc. for the creation of neighborhood area boards that provide a structure for communication, collaboration and coordination between residents, city staff and elected officials, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI MAY 10, 2006 427 Presented: May 10, 2006 Adopted: May 10, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T19-06 PASSED AMENDING THE 2005 BUDGET Councilmember Walters made a motion, seconded by Councilmember Figueroa, 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. T19-06 AN ORDINANCE AMENDING THE 2005 BUDGET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the 2005 budget of the City of Elgin adopted in lieu of an appropriation ordinance be and is hereby amended in accordance with the schedule which is attached hereto and made a part hereof by reference. Section 2. That this ordinance shall be in full force and effect from and after its passage. s/ Ed Schock Ed Schock, Mayor Presented: May 10, 2006 Passed: May 10, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: May 11, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk MAY 10, 2006 VOLUME LXXI 428 RESOLUTION 06-104 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE RENZ ADDICTION COUNSELING CENTER Councilmember Walters made a motion, seconded by Councilmember Figueroa, 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. 06-104 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE RENZ ADDICTION COUNSELING CENTER 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 the Renz Addiction Counseling Center for a community based gambling addiction treatment and prevention program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 10, 2006 Adopted: May 10, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-105 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SILVA ARCHITECTS FOR ARCHITECTURAL SERVICES UNDER THE FAÇADE IMPROVEMENT PROGRAM (169 EAST CHICAGO STREET) Councilmember Walters made a motion, seconded by Councilmember Figueroa, 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 MAY 10, 2006 429 Resolution No. 06-105 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SILVA ARCHITECTS FOR ARCHITECTURAL SERVICES UNDER THE FACADE IMPROVEMENT PROGRAM (169 East Chicago Street) 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 Silva Architects for architectural services under the Facade Improvement Program for the property located at 169 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 10, 2006 Adopted: May 10, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-106 ADOPTED APPROVING THE AMENDED ARTICLES OF AGREEMENT AND BY-LAWS OF THE NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION Councilmember Walters made a motion, seconded by Councilmember Figueroa, 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. 06-106 RESOLUTION APPROVING THE AMENDED ARTICLES OF AGREEMENT AND BY-LAWS OF THE NORTHERN ILLINOIS SPECIAL RECREATION ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby approves the amended Articles of Agreement and By-Laws of the Northern Illinois Special Recreation Association, copies of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor MAY 10, 2006 VOLUME LXXI 430 Presented: May 10, 2006 Adopted: May 10, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-107 ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH SHALES MCNUTT CONSTRUCTION FOR THE FULTON STREET PARKING DECK Councilmember Walters made a motion, seconded by Councilmember Figueroa, 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. 06-107 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH SHALES MCNUTT CONSTRUCTION FOR THE FULTON STREET PARKING DECK WHEREAS, the City of Elgin has heretofore entered into a contract with Shales McNutt Construction for the Fulton Street Parking Deck; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 10, 2006 Adopted: May 10, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI MAY 10, 2006 431 RESOLUTION 06-108 ADOPTED APPROVING FUNDING FOR THE 2006 EMPLOYEE APPRECIATION OUTING Councilmember Walters made a motion, seconded by Councilmember Figueroa, 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. 06-108 RESOLUTION APPROVING FUNDING FOR THE 2006 EMPLOYEE APPRECIATION OUTING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby approves and authorizes the City Manager to expend funds for the 2006 Employee Appreciation Outing in an amount not to exceed $21,000. s/ Ed Schock Ed Schock, Mayor Presented: May 10, 2006 Adopted: May 10, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-109 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CIORBA GROUP, INC. FOR THE 2006 ANNUAL STREET LIGHT PROGRAM Councilmember Walters made a motion, seconded by Councilmember Figueroa, 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. 06-109 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CIORBA GROUP, INC. FOR THE 2006 ANNUAL STREET LIGHT PROGRAM 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 MAY 10, 2006 VOLUME LXXI 432 authorized and directed to execute an agreement on behalf of the City of Elgin with Ciorba Group, Inc. for the 2006 Annual Street Light Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 10, 2006 Adopted: May 10, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE 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. Hotel/Motel Tax Report for March 2006 Emergency Telephone System Board Minutes for March 16, 2006 Committee of the Whole Minutes for April 12, 2006 City Council Minutes for April 12, 2006 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Rodgers, 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 7:45 p.m. s/Dolonna Mecum May 24, 2006 Dolonna Mecum, City Clerk Date Approved