Loading...
HomeMy WebLinkAbouto - August 9727 VOLUME LXXI AUGUST 9, 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 August 9, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:07 p.m. The Invocation was given by Ina Dews and the Pledge of Allegiance was led by Councilmember Tom Sandor. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE JULY 26, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve the July 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 Presentation of the Trophy Won by Explorer Post 1445 at the 2006 National Law Enforcement Explorer Conference John Lunsford, President of the Elgin Explorer Post 1145, outlined what the program is about. The program is designed for young adults, and they are given first-hand experience in the field of law enforcement and perform volunteer work. The participants receive training and attend competitions each year. The 2006 National Law Enforcement Conference was held in Flagstaff, Arizona. They competed in four competitions, and received a third place trophy in hostage negotiations, and a top 10 certificate for emergency field first aid. Each of the explorers then introduced themselves. Mr. Lunsford thanked the City Council members for their support. Police Chief Womack stated that the Explorer Post is presenting this trophy to the City Council. She emphasized what a great honor this is. This is a national competition of explorer posts across the country, and this is a third place trophy in one of the competitions. Chief Womack stated that we should be very proud. AUGUST 9, 2006 VOLUME LXXI 728 Mayor Schock, on behalf of the City Council, congratulated the Explorers for being successful in bringing home a trophy. He also thanked them for their help at countless City events. Their contribution at these events often goes unrecognized, and so Mayor Schock stated he was happy to have this opportunity to thank them for all that they do for the City. Recognition of the Annual Muscular Dystrophy Drive Matt Kenneally, a lieutenant with the Elgin Fire Department, stated that he was recently given the honor of being the Muscular Dystrophy Association (MDA) liaison between the MDA and Local 439, the firefighters union. Because of a scheduling conflict, Drew Soule, local MDA Ambassador, and April Somonski, the local representative from MDA, were unable to be here tonight. They would like to come to a Council meeting in September for the MDA to make a presentation and thank the Council for its support. He explained what the MDA Boot Drive is. Firefighters in Elgin go out three Fridays in August and collect money at a major intersection. Over the past seven years, they have been one of the top earners for MDA because of the generosity of the people living in and driving through Elgin and the generosity of the firefighters giving their time to go out to collect. Last year they collected almost $23,000. They are going to wrap up this year’s collection drive with a party at Streets of Chicago on August 19 from 3 to 11 p.m. with live music and activities for the children. Everyone is invited to come out for the Battle of the Bands. The MDA boot was passed around to the Council and members of the audience who wished to contribute to MDA. Proclamation in Recognition Puerto Rican Heritage Week Mayor Schock read and presented a proclamation to Ismael Lopez Jr., President of the Puerto Rican Heritage Organization, in recognition of the 15th Annual Puerto Rican Parade and Festival to be held on August 12, 2006. Mayor Schock declared the week of August 13 through 27, 2006, Puerto Rican Heritage Week. Mr. Lopez invited everyone to watch the parade which begins at 12 noon on August 12 at the intersection of Slade and Grove Avenue and ends at the Civic Plaza. There will be entertainment, live music, beer garden, and many other activities. He thanked the Mayor and Council for their recognition. RECOGNIZE PERSONS PRESENT Joann Armenta stated that she was here tonight in two capacities: as a retired Illinois State Police Officer whose 25 year career included patrol and criminal investigation, working with both local and federal agencies; and as President of the League of United Latin American Citizens for the Elgin area. She is here in support of the report given by the Chief of Police at the last City Council meeting on the issues relating to immigration. The League is in support of the policy as it exists, based on the limitations imposed upon the police department by the federal government regarding the immigration issue. Bennie Sowers expressed her concern regarding what she believes to have been a breach in fire safety and protection guidelines at the last City Council meeting. When she learned the Council VOLUME LXXI AUGUST 9, 2006 729 Chambers’ capacity could not exceed 150 people, she became concerned about what instructions were going to be given to those people who were not able to enter the Council meeting. She doesn’t believe anyone has a right to demonstrate in a public building or on city property. Secondly, she believes there is a fire ordinance that prohibits the obstruction to exits leading to safety. She became uneasy sitting in a room filled to capacity with an overflowing crowd standing outside the door and on the first floor. She believes that the safety of everyone in the room was at risk if there had been a fire. She wants the Council to take action to make sure this never happens again. Shirley Sadjadi thanked the City Council for allowing Chief Womack to address the department’s efforts in keeping the City of Elgin safe. She commends the department’s efforts and thinks they are doing fine job. She stated that she is an attorney in Elgin and practices exclusively in the area of immigration law, several years of which were as an attorney at the US Department of Justice. She stated that being an immigration lawyer and active member of the community gives her a prospective of the possible consequences on our community of requiring our local law enforcement agencies to enforce the immigration laws outside the directive of the Department of Homeland Security and the Immigration Customs and Enforcement Agency as it is currently doing. She believes those consequences will be as follows: The immigrant community will lose confidence in the police and decades of successful initiatives of community policing will be undone. It will promote racial profiling and other abuses. It will divert scarce resources from critical law enforcement activities. It would threaten the viability of already under funded immigration services. As a constitutional matter, there is a long-standing legal precedent that immigration is solely within the purview of federal rather than state law. Our local law enforcement agencies must be allowed to focus on their primary goal of enforcing our state and local criminal laws and keeping the community safe, not enforcing laws in which they have little training. Doug Heaton stated that Elgin is a wonderfully diverse city and he welcomes the legal immigrant, however he cannot condone the illegal alien which he considers a home invader. He believes that the City Council must demand that Immigration and Customs Enforcement (ICE) be responsible and enforce immigration laws. He outlined a plan to document ICE’s refusal to deport illegal aliens. He stated Councilmembers must use the data gathered to complain to federal agency officials and elected leaders until ICE is willing to follow through on their responsibilities. He respectfully asked the City’s position on the following matters: Do you accept the current level of immigration enforcement as dictated by ICE? Are you willing to allow the release of illegal aliens back into the population because ICE refuses to deport them? He also stated that there are a growing number of Elgin residents who are not happy with having criminal illegal aliens in Elgin Margaret Miller stated that on September 11, 2001, for the first time in the United States, we suffered a shock inside our borders. Five years later, because the federal government refused to protect our southern flanks, we are being attacked by an unarmed army. According to a September 2004 “Time” magazine article, 4,000 illegal aliens are arriving each night. At that rate, the number of illegal aliens flooding into the United States just that year would total three million. She asked why with this many illegal immigrants crossing nightly, anybody with any intelligence wouldn’t send troops to the border to protect us from this invasion. Ms. Miller AUGUST 9, 2006 VOLUME LXXI 730 concluded with the following remarks: As long as our leaders allow this illegal invasion and not enough Americans speak up, we can expect another 12 million more. This calls for a consciousness shift. Let’s not let what is the last best hope for the world, which is the United States, be snuffed out. Leann Runyanwood stated that she has lived at the corner of Cooper and Morton Avenue for nine years. Their neighborhood has many long-term residents as well as some new residents. No longer is it a secure peaceful area and this is all because of the crimes brought in by a few businesses operating outside of normal hours. She stated that every Friday and Saturday night residents are awakened from a sound sleep at about 2:30 a.m. by foundation-shaking car radio music coming from the restaurant parking lots. Most of the late-night noisemakers come from bars which have just closed, and they behave accordingly. She stated that she doesn’t fault the Police Department for being too busy trying to keep the City safe to park an officer at each restaurant that is open after midnight. However, she does feel that the residents in the neighborhood have the right to sleep in their own homes without being interrupted by law breakers every weekend. She said that although it is less frequent, more disturbing than the noise is the violence the after-hours crowd has brought to their neighborhood. There have been fights, robberies, and stabbings at La Flor, which is open 24-hours a day. She stated that when her husband moved into this neighborhood 17 years ago, there were no 24-hour restaurants and residents could sleep peacefully with the windows open at night. She said they could return to that type of living if the restaurants in close proximity to homes stop operating after midnight. Ken Mikonis, stated that he is a six-year resident of the northeast neighborhood and a member of NENA and its task force which was formed to better communicate with and hopefully work with City government and commercial developers toward achieving a mutually satisfactory solution with regard to the D.C. Cook property redevelopment. The task force feels this can be accomplished by implementing a sound plan to combine new construction with adaptive reuse of the original building and by preserving the original façade. Mr. Mikonis reported that the task force met with the Ryan Company at the side and presented the option for retirement housing on part of the site, which he said was well received by the Ryan Company. When weighing the merits of proposals which will eventually be presented to the City Council, he urged that they not only consider the historic significance of D. C. Cook to the northeast neighborhood, but to that of the entire City. Connie Zapata stated that she is with the West Suburban Coalition for Immigration Reform, and the following remarks are with reference to the report Chief Womack gave two weeks ago. The policy of the Police Department appears to be sound. Those arrested for serious violations should be reported to INS for deportation. The matter is then properly in the hands of INS. To place further obligations for enforcement on the municipal level would create a needless bureaucratic nightmare and arbitrary enforcement, which would create distrust and hardship in the community. A uniform federal policy is the best hope. Further, most studies and common sense indicate that the level of undocumented immigration is self regulated by the law of supply and demand. The level of immigration will respond to declining labor demand and uniform enforcement of employer sanctions. Ms. Zapata further stated: This issue involves families who are becoming part of the community. They are paying taxes, unemployment taxes for which they will never reap a benefit, sales tax on all their purchases, real estate taxes on all rent VOLUME LXXI AUGUST 9, 2006 731 payments, and social security taxes which no immigrant can receive. They worship at our churches, subsidize our meals at restaurants with low wages, and keep much of our landscaping affordable. Our City should not burden itself to impose hardships on its most humble residents in order to alleviate the unwarranted fears of a few, or worse, the prejudices of anyone. Carmen Berrio stated that she is a representative of the Somos Columbia Civic Organization. The support of the Elgin Police Department has been a great help for all citizens, and their group is especially grateful for the being allowed to use the Police Department’s community room for their monthly meetings for more than three years. As part of the Columbia group, she stated they are concerned about the City’s future policies regarding the Hispanic community and believe that police officers acting as immigration officers will create unpleasant situations in the Hispanic community, which has contributed significantly to the City’s success. Ms. Berrio stated that their organization believes the Elgin Police Department is the best and it supports what Chief Womack is doing to preserve the peace in the community. They should be allowed to do what they do best, which is protecting the rights of everyone in our diverse community. Oscar Ramirez, on behalf of the Hispanic Heritage Coalition, stated that the coalition expresses its support of the presentation made by Chief Womack. They believe the current process and procedures followed by the Elgin Police Department in dealing with undocumented people are acceptable. They believe no further action should be taken, and that the Elgin Police Department should refrain from getting involved in federal law enforcement issues. The coalition doesn’t support the City of Elgin getting involved in federal issues and believes immigration is an issue which should be resolved by the federal government. George Irizarry, on behalf of ELPAT (Elgin Latino Political Action Team), addressed the Council in response to the small group of individuals who have come before the Council recently requesting that Elgin take an active role regarding illegal immigrants residing in this City. The Department of Homeland Security, the federal agency charged with operations and enforcement of immigration matters, has sole jurisdiction in this matter. Mr. Irizarry urged the City Council not to consider implementation of any ordinances which would direct the Elgin Police Department to require proof of citizenship. To require such action would burden the police tremendously and impede their ability to provide the excellent current level of service and crime control. Mr. Irizarry stated that two weeks ago the Elgin Police Chief presented information regarding the department’s position in cooperation with federal authorities, and ELPAT believes the current position is correct, and any other position would be disastrous. Mr. Irizarry believes that citizens’ rights would be violated, and chaos and mass hysteria would occur if a person is stopped by police because he or she looks illegal. He stated that everyone can agree that if someone commits a local or state crime, violent or nonviolent, that person should be arrested and prosecuted. Judy Robnett thanked Chief Womack for her explanation of Elgin’s efforts toward immigration enforcement. She stated that she understands that ICE is understaffed and under-funded. However, she stated that City government is charged with maintaining law and order, and she, as a citizen of Elgin, is demanding it. She referred to a recent survey of Elgin’s image which reflected that outsiders still see Elgin as crime ridden. She believes that fighting illegal immigration will send a message that Elgin does not tolerate crime. During routine traffic stops, AUGUST 9, 2006 VOLUME LXXI 732 citizenship status should be checked. She requests that the Elgin Police contract with ICE to serve as immigration officers, and that the funding come from the Department of Homeland Security. BID 05-077 AWARDED TO NORIT AMERICAS, INC. AS THE SECOND SELECTION OF NEW VENDOR TO SUPPLY POWDERED ACTIVATED CARBON Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to approve a contract to Norit Americas, Inc. in the amount of $134,400 to supply powdered activated carbon. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-064 AWARDED TO DREISILKER ELECTRIC MOTORS, INC. FOR THE PURCHASE AND INSTALLATION OF A REPLACEMENT ADJUSTABLE FREQUENCY DRIVE Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve a contract with Dreisilker Electric Motors, Inc. in the amount of $20,012 for the purchase and installation of a replacement Adjustable Frequency Drive. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-072 AWARDED TO CHICAGO SPOTLIGHT, INC. FOR THE PURCHASE OF TWO MOVING HEAD LIGHT FIXTURES, TWO ADDITIONAL FIXTURES, AND A STORAGE CASE Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to approve a contract to Chicago Spotlight, Inc. in the amount of $19,817.32 for the purchase of two moving head light fixtures, as well as two additional fixtures and a storage case. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-074 AWARDED TO SINNETT BUILDERS, INC. FOR THE CONSTRUCTION OF TEMPORARY AND PERMANENT ACCESS ROADS TO THE SITE OF THE HIGHLAND AVENUE WATER TANK T-11 PROJECT Councilmember Walters made a motion, seconded by Councilmember Kaptain, to approve Sinnett Builders, Inc. in the amount of $296,000 for the construction of temporary and permanent access roads to the site of the Highland Avenue Water Tank T-11 Project. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI AUGUST 9, 2006 733 PUBLIC HEARING CONTINUED REGARDING AN ANNEXATION AGREEMENT, ANNEXATION, ZONING, AND PRELIMINARY PLAT FOR A RESIDENTIAL PLANNED DEVELOPMENT TO BE KNOWN AS BARNES BRIDGE SUBDIVISION; PROPERTY LOCATED AT 2890 WELD ROAD, BY ORLEANS HOMEBUILDERS, AS APPLICANT, AND THE FIRST NATIONAL BANK OF ELGIN, AS TRUSTEE, AND THE LASALLE NATIONAL TRUST, UNDER TRUST AGREEMENT KNOWN AS TRUST NO. 45983, AS OWNERS (PETITION 26-06) Community Development Director Deering stated that the applicant is requesting that the public hearing for Petition 26-06 be continued until the next City Council meeting on August 23, 2006. Councilmember Walters made a motion, seconded by Councilmember Sandor, to continue the public hearing for Petition 26-06 until the next City Council meeting on August 23, 2006. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING CONTINUED REGARDING AN ANNEXATION AGREEMENT, ANNEXATION, ZONING, AND PRELIMINARY PLAT APPROVAL FOR RUSSELL TRAILS SUBDIVISION; PROPERTY LOCATED AT 100 RUSSELL ROAD; BY GLADSTONE ACQUISITIONS, LLC, AS APPLICANT, AND KENNETH G. RUSSELL AND RAYMOND RUSSELL, AS OWNERS (PETITION 31-06) Community Development Director Deering stated that the applicant is requesting that the public hearing for Petition 31-06 be continued until the next City Council meeting on August 23, 2006. Councilmember Walters made a motion, seconded by Councilmember Sandor, to continue the public hearing for Petition 31-06 until the next City Council meeting on August 23, 2006. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 31-06 CONTINUED REQUESTING ANNEXATION, ZONING, AND PRELIMINARY PLAT APPROVAL FOR RUSSELL TRAILS SUBDIVISION; PROPERTY LOCATED AT 100 RUSSELL ROAD; BY GLADSTONE ACQUISITIONS, LLC, AS APPLICANT, AND KENNETH G. RUSSELL AND RAYMOND RUSSELL, AS OWNERS Community Development Director Deering stated that the applicant is requesting that the public hearing for Petition 31-06 be continued until the next City Council meeting on August 23, 2006. Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to continue the public hearing regarding Petition 31-06 until the next City Council meeting to be held on August 23, 2006. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. AUGUST 9, 2006 VOLUME LXXI 734 PETITION 37-06 APPROVED REQUESTING CONDITIONAL USE APPROVAL IN THE CC1 CENTER CITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, TO PERMIT AN UPPER FLOOR APARTMENT; PROPERTY LOCATED AT 13 NORTH STATE STREET BY KENNETH KRESMERY, AS APPLICANT, AND LAND TRUST 4927 NBD TRUST COMPANY OF ILLINOIS, AS OWNER Community Development Director Deering stated the applicant is requesting a conditional use in the CC1 City Center District to permit an upper floor dwelling. The subject property is located at 13 North State Street. The applicant is proposing to renovate the existing second floor office space for use as an upper floor apartment dwelling. The proposed apartment will contain 1,200 square feet of the floor area. The apartment will be occupied by the manager of the business on the first floor. Upper floor apartment dwellings require conditional use approval in the CC1 Center City District. Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve Petition 37-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 60-06 APPROVED REQUESTING CONDITIONAL USE APPROVAL TO PERMIT THE ESTABLISHMENT OF A FOOD STORE IN THE CC2 CENTER CITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 245 DUNDEE AVENUE BY JUAN C. VILLASENOR AND REINA VALDEZ AS APPLICANTS, AND STEVEN STRAUROPOULOS, AS OWNER Community Development Director Deering stated the subject property is located on the southeast corner of Dundee Avenue and Kimball Street. The applicant is proposing to establish a 3,600 square foot retail food store in a 10,000 square foot multiple tenant commercial building Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve Petition 60-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 06-201 ADOPTED APPROVING FINAL PLAT FOR TYLER CREEK PLAZA RESUBDIVISION NO. 1 (1175 N. MCLEAN BOULEVARD AND 1475 TODD FARM DRIVE) 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. VOLUME LXXI AUGUST 9, 2006 735 Resolution No. 06-201 RESOLUTION APPROVING FINAL PLAT FOR TYLER CREEK PLAZA RESUBDIVISION NO. 1 (1175 N. McLean Boulevard and 1475 Todd Farm Drive) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Haeger Engineering, L.L.C. dated May 2, 2006 for Tyler Creek Plaza Resubdivision No. 1. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G64-06 PASSED RECLASSIFYING TERRITORY FROM THE AB AREA BUSINESS DISTRICT AND THE PAB PLANNED AREA BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (1001 SOUTH RANDALL ROAD, 2395 & 2375 BOWES 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. G64-06 AN ORDINANCE RECLASSIFYING TERRITORY FROM THE AB AREA BUSINESS DISTRICT AND THE PAB PLANNED AREA BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (1001 South Randall Road, 2395 & 2375 Bowes Road) WHEREAS, written application has been made to reclassify certain property located at 2375 Bowes Road from AB Planned Area Business District to PAB Planned Area Business District; and AUGUST 9, 2006 VOLUME LXXI 736 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 the City Council of the City of Elgin hereby adopts the Findings of Fact, dated June 5, 2006, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the PAB Planned Area Business District, the following described property: LOT 2: Situated in Section 28, Township 41 North, Range 8 East of the Third Principal Meridian, City of Elgin, County of Kane. State of Illinois, and being a parcel of land being a portion of and lying entirely within the property described In a warranty deed, recorded April 30, 1997, as Document Number 97K027558 (all references to deeds, microfiche, plate, surveys, etc. refer to the records of the Kane County Recorders Office, unless noted otherwise) also being the proposed Lot 2 of Elgin State Bank Plaza, that is more particularly described as follows: Beginning for reference at the point-of-intersection of the south right-of- way line of Bowes Road as established by Document Number 92K23084 and instrument of correction Document Number 93K65081, and the west right-of-way line of Umdenstock Rood as dedicated per plot of subdivision for Heartland Meadows Unit 9 recorded June 28, 1996, as Document Number 96K046771; thence along the west right-of-way line of said Umdenstock Road, South one degree forty-six minutes forty-three seconds East (S01'46'43"E) for a distance of ten and 00/100 feet (10.00') to the true point of beginning; thence continuing along said west right-of- way line, South one degree forty-six minutes forty-three seconds East (S01'46'43"E) for a distance of four hundred ninety eight and 71/100 feet (498.71') to the southeast corner of said property; thence along the south VOLUME LXXI AUGUST 9, 2006 737 line of said property, South eighty-seven degrees fifty-six minutes twenty- two seconds West (S87'56'22"W) for a distance of three hundred forty- four and 62/'00 feet (344.62'); thence North one degree fifty minutes forty- three seconds West (N01'50'43"W) for a distance of four hundred fourteen and 76/100 feet (414.76') to a point-of-curvature; thence along a curve to the left with a radius of twenty 00/100 feet (20.00'), for on arc distance of thirty-one and 42/100 feet (31.42'), [chord bearing North forty-six degrees fifty minutes forty-three seconds West (N46"50'43"W) for twenty-eight and 28/100 feet (28.28'), delta angle of said curve being ninety degrees zero minutes zero seconds (90.00'00")]; thence North eighty-eight degrees nine minutes seventeen seconds East (N88'09" 17E) for a distance of fifty- eight and 75/100 feet (58.75'); thence North two degrees zero minutes eighteen seconds West (N02'00'18"W) for a distance of sixty-four and 39/100 feet (64.39') to a point on a parallel line that is 10.00 feet, measured perpendlcular1y, south of the south right-of-way line of said Bowes Road; thence along said parallel line, North eighty-seven degrees fifty-nine minutes forty- two seconds East (N87' 59' 42"E) for a distance of three hundred six and 66/100 feet (306.66') to the true point of beginning (Property commonly known as 2375 Bowes Road, in Elgin). PARCEL 1: Commencing for reference at the point-of-intersection of the south right- of-way line of Bowes Road as established by Document Number 93K63084 and instrument of correction Document Number 93K65081, and the west right-of-way line of Umbdenstock Road as dedicated per plat of Subdivision for Heartland Meadows Unit 9, recorded June 28, 1996, as Document Number 96K046771; thence along the west right-of-way line of said Umbdenstock Road, south one degree 46 minutes 43 seconds east for a distance of 508.71 feet; thence south 87 degrees 56 minutes 22 seconds west for a distance of 533.62 feet to the southeast corner of said property and the point of beginning of the herein described parcel; thence south along the south line of said property, south 87 degrees 56 minutes 22 seconds west for a distance of 356.56 feet to a point on the east right-of- way line of Randall Road, as dedicated per document recorded April 30, 1955, as Document Number 778764; thence along said east right-of-way line, north one degree 46 minutes 29 seconds west for a distance of 509.57 feet to a point on the south right-of-way line of said Bowes Road; thence along said south right-of-way line, north 87 degrees 59 minutes 42 seconds east for a distance of 327.93 feet; thence south one degree 50 minutes 43 seconds east for a distance of 200.00 feet; thence north 87 degrees 59 minutes 42 seconds east for a distance of 28.00 feet to a point on the east line of said property, also being a point the west line of the property described in a warranty deeds, recorded April 30, 1997, as Document Number 97K027558; thence along the east line of the property described in said Document Number 97K027558; thence along the east line of the property described in said Document Number 97K028865, AUGUST 9, 2006 VOLUME LXXI 738 south one degree 50 minutes 43 seconds east for a distance of 309.22 to the point of beginning (Property commonly known as 1001 South Randall Road, in Elgin). Parcel 2: That part of the north 550.0 feet of the west 930.0 feet of the east ½ of the southwest 1/4 of section 28, township 41 north, range 8 east of the third principal meridian described as follows: Commencing at the northwest corner of said east ½; thence south 89 degrees 24 minutes 01 seconds east, along the north line of said southwest 1/4 a distance of 589.0 feet; thence south 00 degrees 48 minutes 54 seconds west, 91.75 feet; thence north 89 degrees 20 minutes 35 seconds west, 193.00 feet; thence south 00 degrees 48 minutes 54 seconds west, 29.40 feet to the point of beginning; thence northeasterly along a curve to the right, said curve having a radius of 20.00 feet, whose chord bears north 45 degrees 49 minutes 26 seconds east for an arc distance of 31.42 feet; thence south 89 degrees 11 minutes 06 seconds east, 20.92 feet to a point of curvature; thence southeasterly along a curve to the right, said curve having a radius of 100.0 feet, whose chord bears south 82 degrees 54 minutes 54 seconds east, for an arc distance of 21.88 feet; thence south 76 degrees 38 minutes 42 seconds east, 40.53 feet to a point of curvature; thence southeasterly along a curve to the left, said curve having a radius of 100.00 feet, whose chord bears south 82 degrees 54 minutes 54 seconds east, for an arc distance of 21.88 feet; thence north 89 degrees 11 minutes 06 seconds west, 65.09 feet; thence south 00 degrees 48 minutes 54 seconds west, 434.76 feet; thence north 89 degrees 24 minutes 01 seconds west; 189.00 feet; thence north 00 degrees 48 minutes 54 seconds east, 429.04 feet to the point of beginning, in Kane County, Illinois (Property commonly known as 2395 Bowes Road, in Elgin). Out lot “A” Commencing for reference at the point-of-intersection of the south right- of-way line of Bowes Road as established by Document Number 93K63084 and instrument of correction Document Number 93K65081, and the west right-of-way line of Umbdenstock Road as dedicated per plat of Subdivision for Heartland Meadows Unit 9, recorded June 28, 1996, as Document Number 96K046771; thence along the west right-of-way line of said Umbdenstock Road, south one degree 46 minutes 43 seconds east for a distance of 508.71 feet to the southeast corner of the property described in said Document Number 97KI027558; thence along the south line of said last mentioned property, south 87 degrees 56 minutes 22 seconds west for a distance of 533.62 feet to the southwest corner of said last mentioned property; thence along the west line of said last mentioned property, north one degree 50 minutes 43 seconds west for a distance of 309.22 feet to the VOLUME LXXI AUGUST 9, 2006 739 point of beginning of the herein described parcel; thence south 87 degrees 59 minutes 42 seconds west for a distance of 28.00 feet; thence north one degree 50 minutes 43 seconds west for a distance of 200.00 feet to a point on the south right-of-way line of said Bowes Road; thence along said south right-of-way line, north 87 degrees 59 minutes 42 seconds east for a distance of 255.55; thence south 2 degrees 00 minutes 18 seconds east for a distance of 74.39 feet; thence south 89 degrees 9 minutes 17 seconds west for a distance of 103.84 feet; thence along the arc of a curve to the right, with a radius of 100.00 feet, for an arc distance of 21.89 feet, and a chord which bears north 85 degrees 34 minutes 31 seconds west for a distance of 21.84 feet, a delta angle of said curve being 12 degrees 32 minutes 24 seconds; thence north 79 degrees 18 minutes 19 seconds west for a distance of 40.53 feet to a point-of-curvature; thence along the arc of a curve to the left, with a radius of 100.00 feet, for an arc distance of 21.89 feet, and a chord which beard north 85 degrees 34 minutes 31 seconds west for a distance of 21.84 feet, a delta angle of said curve being 12 degrees 32 minutes 24 seconds; thence south 88 degrees 9 minutes 17 seconds west for a distance of 20.92 feet for a distance of 20.92 to a point- of curvature; thence along the arc of a curve to the left, with a radius of 20.00 feet, for an arc distance of 31.42 feet, and a chord which bears south 43 degrees 9 minutes 17 seconds west for a distance of 28.28, delta angle of said curve being 90 degrees 00 minutes 00 seconds to a point on the west line of the parcel described in said document number 97k027558; thence south 01 degree 50 minutes 43 seconds east for a distance of 119.82 feet to the point of beginning (said property functioning as a common access drive to serve 1100 Randall Road and 2395 and 2375 Bowes Road, Elgin). Section 3. That the City Council of the City of Elgin hereby classifies the subject property in this PAB Planned Area Business District in accordance with the following provisions: A. Purpose and Intent. The purpose of this PAB Area Business District is to provide commodities and services to several neighborhood areas, and in some instances to a community wide or regional supporting population, subject to Chapter 19.60. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of AUGUST 9, 2006 VOLUME LXXI 740 land and structures shall be subject to the provisions of Chapter 19.05, General Provisions of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of the Elgin Municipal Code, 1976, as amended. E. Land Use. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The use of Parcel 1 (Property commonly known as 1001 South Randall Road) in the PAB zoning district as described in Section 1 shall be limited to a two story bank building with a drive-thru facility. The use of Parcel 2 (Property commonly known as 2395 Bowes Road)in the PAB Planned Area Business District as described in Section 1 shall be limited to a day care facility. The following enumerated “land uses” [SR] shall be the only land uses for Lot 2 (Property commonly known as 2375 Bowes Road) allowed as a “permitted use” [SR], a “conditional use” [SR], or a “similar use” [SR] in this PAB zoning district: 1. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in this PAB Planned Area Business District: 1. Residences Division: "Upper floor apartment dwellings" [SR] (UNCL). 2. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 3. Offices Division: "Offices" [SR] (UNCL). 4. Finance, Insurance, And Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance, and real estate (H). 5. Services Division: Advertising (731). Automotive renting and leasing without drivers (751). Barbershops (724). Beauty shops (723). "Bed and breakfast inns" [SR] (7011). Carpet and upholstery cleaning agents without plants on the premises (7217). Commercial, economic, sociological and educational research (8732). VOLUME LXXI AUGUST 9, 2006 741 Commercial, physical, and biological research (8731). Computer programming, data processing and other computer-related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Electrical and electronic repair shops (7629). Engineering, accounting, research, management and related services (87). Garment pressing, and agents for laundries and dry cleaners (7212). Home health care services (808). "Hotels and motels" [SR] (701). Job training and vocational rehabilitation services (833). Laundry collecting and distributing outlets (7211). Legal services (811). Libraries (823). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Membership sports and recreation clubs (7997). Miscellaneous equipment rental and leasing (735). Miscellaneous personal services not elsewhere classified (7299). Motion picture distribution and allied services (782). Motion picture production and allied services (781). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Personnel supply services (736). Photofinishing laboratories (7384). Photographic studios, portrait (722). Physical fitness facilities (7991). Professional sports operators and promoters (7941). Radio and television repair shops (7622). Refrigerator and air-conditioning service and repair (7623). Reupholstery and furniture repair (764). Security systems services (7382). Shoe repair shops and shoeshine parlors (725). Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Videotape rental (784). Vocational schools (824). AUGUST 9, 2006 VOLUME LXXI 742 Watch, clock and jewelry repair (763). 6. Retail Trade Division: Apparel and accessory stores (56). Automatic merchandising machine operators (5962). Building materials, hardware and garden supply (52). Carryout restaurants (5812). Catalog and mail-order houses (5961). Convenience food stores, operated on a twenty four (24) hour basis (5411). Direct selling establishments (5963). Drinking places (alcoholic beverages) (5813). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). Food stores (54). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). News dealers (5994). Optical goods stores (5995). "Outdoor eating and drinking facilities" [SR] (UNCL). Tobacco stores (5993). 7. Agricultural Division: Dog grooming (0752). Farm labor and management services (076). Greenhouses for floral products, exclusively "accessory" [SR] to a use allowed in the zoning district (0181). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Veterinary services for household pets (0742). 8. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). 9. Manufacturing Division: Commercial printing occupying less than five thousand (5,000) square feet of gross floor area (2752). 10. Wholesale Trade Division: Apparel piece goods and notions (513). Drugs, drug proprietaries, and druggists' sundries (512). Electrical goods (506). Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). Machinery, equipment, and supplies (508). Metals and minerals, except petroleum (505). VOLUME LXXI AUGUST 9, 2006 743 Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). Professional and commercial equipment and supplies (504). 11. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators' offices (414). Cable and other pay television services (484). "Commercial antennas and antenna structures mounted on existingstructures" [SR] (UNCL). Communication services not elsewhere classified (489). Intercity and rural bus transportation operators' offices (413). "Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the zoning district, subject to the provisions of Chapter 19.47 of this Title (UNCL). Local and suburban passenger transportation operators' offices (411). Packing and crating (4783). "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators' offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). 12. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Drive-through facilities" [SR], subject to the provisions of Chapter 19.45 of this Title. "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.47 of this Title. "Outdoor display areas" [SR] (UNCL). "Outdoor display lots" [SR] (UNCL). "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of AUGUST 9, 2006 VOLUME LXXI 744 Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the AB Area Business District, subject to the provisions of Chapter 19.45 of this Title. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of this Title. "Storage tanks" [SR] (UNCL). "Temporary uses" [SR] (UNCL). 2. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PAB PlannedArea Business District: 1. Municipal Services Division: "Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Services Division: Amusement parks (7996). Arenas, sports fields, and stadiums (UNCL). Ballrooms (7911). Bowling centers (7933). "Car washes" [SR] (7542). Child daycare services (835). Dance halls (7911). Dance studios and schools (791). Discotheques (7911). Drive-in motion picture theaters (7833). Funeral service (726). "Home child daycare services" [SR] (8351). Individual and family social services (832). Membership organizations (86). Motion picture theaters (7832). "Motor vehicle repair shops" [SR] (753). "Motor vehicle top, body and upholstery repair shops, and paint shops" [SR] (7532). Organization hotels and lodging houses, on membership basis (704). Other schools and educational services (829). Power laundries (7211). Recreational vehicle parks and campsites (7033). Sporting and recreational camps (7032). 4. Retail Trade Division: Drive-in restaurants (5812). Firearms sales (5941). "Package liquor sales establishments" [SR] (5921). VOLUME LXXI AUGUST 9, 2006 745 5. Agricultural Division: "Kennels" [SR] (0752). 6. Mining Division: "Temporary mining" [SR] (UNCL). 7. Wholesale Trade Division: Beer, wine, and distilled alcoholic beverages (518). Lumber and other construction materials (503). 8. Transportation, Communication, And Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). Pipelines, except natural gas (461). Public warehousing and storage (422). "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Railroad tracks (401). "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Water transportation (44). 9. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.12.500 of this Title. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the AB Area Business District, subject to the provisions of Section 19.10.400 of this Title. "Commercial operations yards" [SR] (UNCL). "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.55 of this Title. F. Site Design. In this PAB zoning district, except as otherwise provided for herein, the use and development of land and structures shall be as follows: 1. Lot 2 (commonly known as 2375 Bowes Road). In this PAB zoning district, except as otherwise provided for herein, the use and development of land and structures shall be subject to the provisions of Section 19.12, AUGUST 9, 2006 VOLUME LXXI 746 Site Design, of the Elgin Municipal Code, as amended. In this PAB zoning district, the site design regulations shall be as follows: a. Substantial conformance to the Petitioner’s Statement of Purpose and Conformance submitted with the development application and cover letter submitted by Peter Bazos, Esquire; no date. b. Substantial conformance to the Concept Site Development Plans prepared by Monarch Design & Construction, LLC and dated June 12, 2006. c. Substantial conformance to the Retail Floor Plan and Office Floor Plan prepared by Monarch Design & Construction, LLC and dated March 3, 2006. d. Substantial conformance to the Retail Shop Building Elevation, dated April 28, 2006 and Office Building Elevations, dated June 12, 2006, and prepared by Monarch Design & Construction, LLC. e. Revisions to the proposed Preliminary Engineering Drawings, Site Improvements, dated June 12, 2006 and prepared by Marchris Engineering, Ltd. per the Community Development Group and the Engineering Division. Substantial changes to the proposed plans will require reconsideration by the Planning & Development Commission and City Council as part of a public hearing process. f. Substantial conformance to the Fire Truck Access Exhibit, prepared by Marchris Engineering, Ltd., dated April 26, 2006. g. Substantial conformance to the Landscape Plan (Sheet L-1), prepared by Walsh Landscape Construction Inc., dated February 24, 2006, with revision, dated July 17, 2006. h. Substantial conformance to Site Photometrics Plan (Sheet SP1.1), prepared by MGN Consulting Engineers, dated June 27, 2006. i. Compliance with all other applicable codes and ordinances. 2. Parcel 1 (commonly known as 1001 South Randall Road). In this PAB zoning district, except as otherwise provided for herein, shall be maintained as originally constructed. Any changes to the site in regards to parking, on-site circulation and landscaping will require an amendment to this ordinance. 3. Parcel 2 (commonly known as 2395 Bowes Road). In this PAB zoning district, except as otherwise provided for herein, the development of Parcel 2 shall be subject to the following conditions: a. Substantial conformance with the Statement of Purpose, Conformance, and Departure, which includes building elevations, prepared by KinderCare Learning Centers, Inc. undated. b Substantial conformance with Site Improvement Plan prepared by Marchris Engineering, Ltd., dated 01/15/01, which includes Site Plan, Grading Plan, Erosion Control and Lighting Plan. Revisions VOLUME LXXI AUGUST 9, 2006 747 shall be made thereto, if found necessary or not in code compliance, per the Department of Code Administration and Development Services. c. A five (5) foot sidewalk easement shall be provided on-site along the Bowes Road within Outlot A as provided in the Site Improvement Plan prepared by Marchris Engineering, Ltd, dated 01/15/01, as approved by the City Engineer. A sidewalk shall be installed within the sidewalk easement on-site at the owner’s expense. The sidewalk shall be constructed according to the City of Elgin’s standard specifications for sidewalks. Outlot A shall be sodded and landscaped with trees in compliance with the Subdivision Regulations (Title 19). d. The building shall consist of an all brick facade. The roof shall be pitched as indicated in the building elevation provided with the petitioner’s Statement of Purpose and Conformance. All mechanicals shall be screened. e. Compliance with all other applicable codes and ordinances. G. Off-street Parking. Except as otherwise provided within this section, in this PAB zoning district, off-street parking shall be subject to the provisions of chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as amended. H. Off-street Loading. In this PAB zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin Municipal Code, 1976, as amended. I. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Street Graphics, of the Elgin Municipal Code, 1976, as amended. J. Planned Developments. In this PAB zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. K. Conditional Uses. In this PAB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin Municipal Code, 1976, as amended. An application for conditional use may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. L. Variations. In this PAB zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976, as amended. An application for variation may be filed by an individual property owner without necessitating that all other property owners in the development authorize such application. M. Appeals. Any requirement, determination, or interpretation associated with the AUGUST 9, 2006 VOLUME LXXI 748 administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Section 4. 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: August 9, 2006 Passed: August 9, 2006 Vote: Yeas: 7 Nays: 0 Recorded: August 10, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, 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 Hampton, Lenzini & Renwick Elgin, IL $23,920.75 Construction guidance services for Bowes Creek Country Club Bridge, Phase III Metro West COG Dekalb, IL $30,000.00 Metro West COG Annual Dues Lake County Sheriff’s Dept Waukegan, IL $16,780.97 Salary Reimbursement for one employee including overtime from January-March 2006 CONSENT AGENDA By unanimous consent, Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass Ordinance No. T36-06 and adopt Resolution Nos. 06-183 through 06-200 by VOLUME LXXI AUGUST 9, 2006 749 omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 06-183 ADOPTED ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS Councilmember Figueroa 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. 06-183 RESOLUTION ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS WHEREAS, 820 ILCS 130/0.01 et seq. entitled "AN ACT regulating wages of laborers, mechanics, and other workers employed in any public works by the State, county, city or any public body or any political subdivision or by any one under contract for public works." requires that any public body awarding any contract for public work, or otherwise undertaking any public works as defined herein, shall ascertain the general prevailing hourly rate of wages for employees engaged in such work; and WHEREAS, said Act further provides that if the public body desires that the Department of Labor ascertain the prevailing rate of wages, it shall notify the Department of Labor to ascertain the general prevailing wage rate; and WHEREAS, at the request of the City of Elgin the Department of Labor has determined the prevailing rate of wages for construction work in Cook and Kane Counties in the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the determination of the prevailing wages as made by the Department of Labor, copies of which are attached hereto and made a part hereof by reference, are adopted by the City of Elgin. BE IT FURTHER RESOLVED that all contracts for public work of the City of Elgin shall include a stipulation to the effect that not less than the prevailing rate of wages as found by the Department of Labor shall be paid to all laborers, workers and mechanics performing work under the contract. BE IT FURTHER RESOLVED that all contract bonds for public works shall include a provision to guarantee the faithful performance of the prevailing wage clause as provided by contract. AUGUST 9, 2006 VOLUME LXXI 750 BE IT FURTHER RESOLVED that a copy of the prevailing wage rate as established by the Department of Labor shall be publicly posted and kept available for inspection by any interested party. BE IT FURTHER RESOLVED that nothing herein contained shall be construed to apply to the prevailing hourly rate of wages in the locality for employment other than public works construction as defined in the Act, and that the City Clerk be and is hereby authorized to file a certified copy of this resolution with the Secretary of State Index Division and the Department of Labor of the State of Illinois. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-184 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT FOR POLICE SERVICES WITH SCHOOL DISTRICT U-46 Councilmember Figueroa 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. 06-184 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR POLICE SERVICES WITH SCHOOL DISTRICT U-46 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 an Agreement for Police Services on behalf of the City of Elgin with School District U-46 for the School Liaison Program for the 2006-2007 school year, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI AUGUST 9, 2006 751 Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-185 ADOPTED AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH ABC CHICAGO FM RADIO, INC. (2006-2007 PERFORMING ARTS SEASON) Councilmember Figueroa 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. 06-185 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH ABC CHICAGO FM RADIO, INC. (2006-2007 Performing Arts Season) 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 promotional agreement on behalf of the City of Elgin with ABC Chicago FM Radio, Inc. for the Hemmens 2006-2007 Performing Arts Season, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUGUST 9, 2006 VOLUME LXXI 752 RESOLUTION 06-186 ADOPTED AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH THE ELGIN COURIER NEWS (2006-2007 PERFORMING ARTS SEASON) Councilmember Figueroa 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. 06-186 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH THE ELGIN COURIER NEWS (2006-2007 Performing Arts Season) 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 promotional agreement on behalf of the City of Elgin with the Elgin Courier News for the Hemmens 2006-2007 Performing Arts Season, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-187 ADOPTED AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH THE ELGIN COURIER NEWS (2006-2007 PERFORMING ARTS FOR YOUNG PEOPLE SEASON) Councilmember Figueroa 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. VOLUME LXXI AUGUST 9, 2006 753 Resolution No. 06-187 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH THE ELGIN COURIER NEWS (2006-2007 Performing Arts for Young People Season) 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 promotional agreement on behalf of the City of Elgin with the Elgin Courier News for the Hemmens 2006-2007 Performing Arts for Young People Season, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-188 ADOPTED AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH EUCLID BEVERAGE, LTD. (2006-2007 PERFORMING ARTS SEASON) Councilmember Figueroa 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. 06-188 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH EUCLID BEVERAGE, LTD. (2006-2007 Performing Arts Season) 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 promotional agreement on behalf of the City of Elgin with Euclid Beverage Ltd. for the Hemmens 2006-2007 Performing Arts Season, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor AUGUST 9, 2006 VOLUME LXXI 754 Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-189 ADOPTED AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH NEXTMEDIA OPERATING, INC. (2006-2007 PERFORMING ARTS SEASON) Councilmember Figueroa 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. 06-189 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH NEXTMEDIA OPERATING, INC. (2006-2007 Performing Arts Season) 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 promotional agreement on behalf of the City of Elgin with Nextmedia Operating, Inc. for the Hemmens 2006-2007 Performing Arts Season, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI AUGUST 9, 2006 755 RESOLUTION 06-190 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF ILLINOIS FOR TWO PART-TIME DOMESTIC VIOLENCE CASEWORKERS Councilmember Figueroa 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. 06-190 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE OFFICE OF THE ATTORNEY GENERAL-STATE OF ILLINOIS FOR TWO PART-TIME DOMESTIC VIOLENCE CASEWORKERS 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 a grant agreement with the Office of the Attorney General of the State of Illinois for two part-time domestic violence case workers, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-191 ADOPTED RATIFYING THE EXECUTION OF A KANE COUNTY DIVISION OF TRANSPORTATION HIGHWAY PERMIT REGARDING THE BOWES ROAD/BOWES CREEK BOULEVARD INTERSECTION IMPROVEMENTS Councilmember Figueroa 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. AUGUST 9, 2006 VOLUME LXXI 756 Resolution No. 06-191 RESOLUTION RATIFYING THE EXECUTION OF A KANE COUNTY DIVISION OF TRANSPORTATION HIGHWAY PERMIT REGARDING THE BOWES ROAD/BOWES CREEK BOULEVARD INTERSECTION IMPROVEMENTS (Bowes Creek Country Club) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Kane County Division of Transportation Highway Permit by Ed Schock, Mayor, regarding the Bowes Road/Bowes Creek Boulevard intersection improvements, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-192 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY FOR RAMP BEAUTIFICATION (NORTHWEST TOLLWAY INTERCHANGES WITH ILLINOIS 25, ILLINOIS 31 AND RANDALL ROAD) Councilmember Figueroa 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. 06-192 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY FOR RAMP BEAUTIFICATION (Northwest Tollway Interchanges with Illinois 25, Illinois 31 and Randall Road) 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 the Illinois State Toll Highway Authority for VOLUME LXXI AUGUST 9, 2006 757 Ramp Beautification at the Northwest Tollway Interchanges with Illinois 25, Illinois 31 and Randall Road on behalf of the City of Elgin with, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-193 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH COPENHAVER CONSTRUCTION FOR 2006 NEIGHBORHOOD SIDEWALK REPLACEMENT PROGRAM Councilmember Figueroa 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. 06-193 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH COPENHAVER CONSTRUCTION FOR 2006 NEIGHBORHOOD SIDEWALK REPLACEMENT PROGRAM WHEREAS, the City of Elgin has heretofore entered into a contract with Copenhaver Construction for the 2006 Neighborhood Sidewalk Replacement Program; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, 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. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor AUGUST 9, 2006 VOLUME LXXI 758 Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-194 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CARROLL ENGINEERING & ASSOCIATES, P.C. FOR ENGINEERING SERVICES FOR 2006-2010 COMBINED SEWER OVERFLOW NPDES PERMIT COMPLIANCE Councilmember Figueroa 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. 06-194 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CARROLL ENGINEERING & ASSOCIATES, P.C. FOR ENGINEERING SERVICES FOR 2006-2010 COMBINED SEWER OVERFLOW NPDES PERMIT COMPLIANCE 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 C city of Elgin with Carroll Engineering & Associates, P.C. for engineering services for 2006-2010 Combined Sewer Overflow NPDES Permit Compliance, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI AUGUST 9, 2006 759 RESOLUTION 06-195 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TERRACON CONSULTANTS, INC. FOR CONSULTING SERVICES AT 520 MCBRIDE STREET, 502 N. GROVE AVENUE AND 40 ANN STREET Councilmember Figueroa 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. 06-195 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TERRACON CONSULTANTS, INC. FOR CONSULTING SERVICES FOR 520 McBRIDE STREET 502 N. GROVE AVENUE AND 40 ANN 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 Amendment to the Agreement on behalf of the City of Elgin with Terracon Consultants, Inc. for consulting services for 520 McBride Street, 502 N. Grove Avenue and 40 Ann Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-196 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (357 MCCLURE AVENUE) Councilmember Figueroa 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. AUGUST 9, 2006 VOLUME LXXI 760 Resolution No. 06-196 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (357 McClure Avenue) 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 Alejandro Ascensio, for the sale of property commonly known as 357 McClure, Elgin, for $200,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-197 ADOPTED APPROVING FINAL PLAT FOR WEST POINT GARDENS-PHASE 1 (100 NESLER ROAD) Councilmember Figueroa 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. 06-197 RESOLUTION APPROVING FINAL PLAT FOR WEST POINT GARDENS PHASE 1 (100 Nesler Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cowhey Gudmundson Leder, Ltd. dated February 23, 2005 for West Point Gardens Phase 1. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI AUGUST 9, 2006 761 Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-198 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WHEELED COACH, INC. FOR EMERGENCY AMBULANCE Councilmember Figueroa 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. 06-198 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WHEELED COACH, INC. FOR EMERGENCY AMBULANCE 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 Wheeled Coach, Inc. for an emergency ambulance, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUGUST 9, 2006 VOLUME LXXI 762 RESOLUTION 06-199 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH U.S. FILTER/WALLACE & TIERNAN PRODUCTS FOR LIME PASTE SLAKER Councilmember Figueroa 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. 06-199 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH U.S. FILTER/WALLACE & TIERNAN PRODUCTS FOR LIME PASTE SLAKER 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 U.S. Filter/Wallace & Tiernan Products, for a lime paste slaker, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-200 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH TRIGGI CONSTRUCTION, INC. FOR 2006 NEIGHBORHOOD RESURFACING JACKSON/CRYSTAL PROJECT Councilmember Figueroa 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. VOLUME LXXI AUGUST 9, 2006 763 Resolution No. 06-200 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH TRIGGI CONSTRUCTION, INC. FOR 2006 NEIGHBORHOOD RESURFACING JACKSON/CRYSTAL PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with Triggi Construction, Inc. for the 2006 Neighborhood Resurfacing Jackson/Crystal Project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, 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. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T36-06 PASSED PROVIDING FOR THE REIMBURSEMENT FROM BENEFITED PROPERTY OWNERS OF A PORTION OF THE COSTS OF THE OTTER CREEK INTERCEPTOR SEWER PHASES 4A AND 4B AND THE OTTER CREEK INTERCEPTOR SEWER AND WATER MAIN PHASES 5A AND 5B Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. AUGUST 9, 2006 VOLUME LXXI 764 Ordinance No. T36-06 AN ORDINANCE PROVIDING FOR THE REIMBURSEMENT FROM BENEFITED PROPERTY OWNERS OF A PORTION OF THE COSTS OF THE OTTER CREEK INTERCEPTOR SEWER PHASES 4A AND 4B AND THE OTTER CREEK INTERCEPTOR SEWER AND WATER MAIN PHASES 5A AND 5B WHEREAS, the City of Elgin in conjunction with certain developers is providing for the design and construction of certain sanitary sewer and water main improvements which are known as the Otter Creek Interceptor Sewer Phases 4A and 4B and the Otter Creek Interceptor Sewer and Water Main Phases 5A and 5B pursuant to a Public Improvements Construction Agreement dated February 22, 2006, between the City of Elgin, Pingree L.L.C., Pingree Creek L.L.C., Wennlund Farm L.L.C., and others as identified therein (such Otter Creek Interceptor Sewer Phases 4A and 4B and the Otter Creek Interceptor Sewer and Water Main Phases 5A and 5B as described and depicted in such Public Improvements Construction Agreement are hereinafter referred to as the “Subject Sewer and Water Main Improvements”); and WHEREAS, the City of Elgin is paying $10 million towards the costs of the design and construction of the Subject Sanitary Sewer and Water Main Improvements; and WHEREAS, the construction of the Subject Sewer and Water Main Improvements makes the Subject Sewer and Water Main Improvements accessible to certain nearby properties and thereby benefits said properties; and WHEREAS, it is reasonable to require owners of property which may connect to and will use the Subject Sewer and Water Main Improvements to bear and reimburse the City a portion of the cost of the Subject Sewer and Water Main Improvements in the event that said owners desire to connect to and use the Subject Sewer and Water Main Improvements; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the construction of sanitary sewer improvements and water main improvements and the allocation of the costs of such improvements to benefited parties pertains to the government and affairs of the City of Elgin; and WHEREAS, properties which will benefit from the Subject Sewer and Water Main Improvements are those properties which have or may connect to and use the Subject Sewer and Water Main Improvements (such properties are hereinafter referred to as the "Subject Benefited Properties"); and WHEREAS, the City Council of the City of Elgin hereby finds that additional surcharge fees on the sewer charges and rates and water charges and rates of the City of Elgin for dwelling units or other structures with a water connection on any of the Subject Benefited Properties in the amount of the additional fee of $21 per month for sewer charges and rates and an additional fee VOLUME LXXI AUGUST 9, 2006 765 of $9 per month for water charges and rates are appropriate fees to reimburse the City of Elgin for its costs for the Subject Sewer and Water Main Improvements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That in order to reimburse the City of Elgin its costs advanced plus interest for the Subject Sewer and Water Main Improvements the owner of any of the Subject Benefited Properties who is connected to or hereinafter connects and/or uses any portion of the Subject Sanitary Sewer and Water Main Improvements shall pay to the City of Elgin the amount of $21.00 per month as a surcharge and additional fee on sewer charges and rates otherwise charged by the City of Elgin and the amount of $9.00 per month as a surcharge and additional fee on water charges and rates otherwise charged by the City of Elgin. Section 2. That upon the repayment to the City of Elgin of its costs advanced plus interest for the Subject Sewer and Water Improvements the surcharges and additional fees provided for in this ordinance to the Subject Benefited Properties shall terminate. 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: August 9, 2006 Passed: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: August 10, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 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. Elgin Sales Tax for April 2006 Golf Leadership Team Meeting Minutes for June 2, 2006 Elgin Police Pensions Fund Minutes for April 27, 2006 AUGUST 9, 2006 VOLUME LXXI 766 Parks and Recreation Advisory Board Meeting Minutes for May 30, 2006 Committee of the Whole Minutes for July 12, 2006 City Council Minutes for July 12, 2006 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 8:03 p.m. Dolonna Mecum, City Clerk Date Approved