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HomeMy WebLinkAboutr - September 27808 SEPTEMBER 27, 2006 VOLUME LXXI 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 September 27, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 8:05 p.m. The Invocation was given by Ms. Ina Dews and the Pledge of Allegiance was led by Councilmember David Kaptain. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE SEPTEMBER 13, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to approve the September 13, 2006, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Phyllis Burnstein addressed the Council regarding the growing population of feral cats in the City. She stated that this is a quality of life issue. She urged the Council to enact an ordinance which would require residents to collar, tag, vaccinate, provide humane living conditions, and limit the number of cats per household. She stated that Cook County recently enacted a Feral Cat Ordinance. Judy Robnett stated that in July, Charlotte, North Carolina, began implementing what Doug Heaton has been speaking about at previous meetings. This shows that what he has suggested to the Council can be done and is being done in other municipalities. She also said that an ordinance similar to the one passed by Hazelton, Pennsylvania is being introduced by a board member at tonight’s Village of Carpentersville meeting. She stated that these are examples of local government standing up for the United States. She asked that the Council please be patriotic. Jennifer Almanza thanked the City staff and Council for changing the 15 minute parking limits on Fulton Street to 90 minutes. She said the seniors really appreciated that. She also stated that VOLUME LXXI SEPTEMBER 27, 2006 809 she has written to the City Manager and all the Councilmembers about concerns the Senior Service Associates and some of the seniors have expressed to her about the Fulton Street parking deck. She is disappointed that she hasn’t received a response from anyone. She understands that there is going to be a walk-through of the parking garage tomorrow. Rose White stated that she wants to work together to find a resolution to stop the injustice bestowed upon the African-American and Latin communities. She stated that they feel the time has come for this to cease. As a taxpayer, part of her taxes go towards providing for her safety and protection and not the belittlement or berating of her character. She announced that Bishop Blalark is holding a meeting Monday, October 2 at 7 p.m. at his church to discuss a possible resolution of this matter. Pastor Tom Severson of the Vineyard Church thanked Elgin for allowing the HELP ministry to continue operating its year-round overnight shelter temporarily. He said that HELP is part of the solution – not the problem, and it hasn’t cost the citizens of Elgin a penny. The HELP ministry makes Elgin a safer place, and it’s a partnership Elgin needs. He asked that the Council consider making HELP’s year-round overnight shelter permanent. Marie Piraino stated that she also wanted to call attention to the problem regarding feral cats. She stated that the wild cats are invasive and enter garages, houses, and are frequently fighting. She said that feral cats are a source of disease and children, seniors, and people with compromised immune systems are particularly at risk. She presented a petition with approximately 45 signatures requesting that immediate action be taken for removal of feral cats and the enactment of a cat ordinance. Councilmember Figueroa stated that something has to be done. He asked that staff research the situation and bring a proposal back to the Council for its consideration. Doug Heaton would like for the City to try a new program to enhance background checks on prospective employees. This program was introduced in July and is called IMAGE (Ice Mutual Agreement between Government and Employers). It makes use of federal data to cross check immigration documents and match social security numbers. He stated that he called the Director’s office in Washington, D. C. and was assured that municipalities are eligible to participate in this program. He believes Elgin would benefit from this program. Councilmember Rodgers stated that although she didn’t speak to Jennifer Almanza directly, she did respond to her letter by leaving a message for her. She also stated that she will be at the meeting on Monday night that Rose White referred to. BID 06-083 AWARDED TO NORTHWEST CONTRACTORS, INC. FOR THE CONSTRUCTION OF THE HIGHLANDS GOLF COURSE CLUBHOUSE Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve the contract with Northwest Contractors, Inc. in the amount of $4,430,000 for the construction of the SEPTEMBER 27, 2006 VOLUME LXXI 810 Highlands Golf Course Clubhouse. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-090 AWARDED TO BENCHMARK FLOORING, INC. FOR THE PURCHASE AND INSTALLATION OF CARPETING FOR THE LOBBY OF THE HEMMENS CULTURAL CENTER Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve a contract with Benchmark Flooring, Inc. in the amount of $60,360 for the purchase and installation of carpeting for the Hemmens Cultural Center. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-090A AWARDED TO INTERIORS FOR BUSINESS, INC. FOR THE PURCHASE AND INSTALLATION OF FURNITURE FOR THE LOBBY OF THE HEMMENS CULTURAL CENTER Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to approve a contract with Interiors for Business, Inc. in the amount of $76,244 for the purchase and installation of furniture for the Hemmens Cultural Center. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-092 AWARDED TO BECKER ARENA PRODUCTS FOR SOCCER DASHER COMPONENTS FOR THE ELGIN RECREATION CENTER Councilmember Walters made a motion, seconded by Councilmember Gilliam, to approve a contract with Becker Arena Products in the amount of $41,990 to provide soccer dasher components to the Elgin Recreation Center. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RECONSIDERATION OF VOTE ON SEPTEMBER 13, 2006, AWARDING A CONTRACT TO SKC CONSTRUCTION, INC., INCORRECTLY IDENTIFIED AS THE LOWEST RESPONSIBLE BIDDER FOR 2006 CRACK SEALING PROGRAM UNDER BID NO. 06-082 AND AWARD BID NO. 06-082 TO CORRECT VENDOR, COMPLETE ASPHALT SERVICE CO. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to reconsider the award of Bid No. 06-082 to SKC Construction Inc. which was awarded in error during the City Council meeting held on September 13, 2006. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI SEPTEMBER 27, 2006 811 Councilmember Walters made a motion, seconded by Councilmember Figueroa, to rescind the previous bid award to SKC Construction, Inc. and award a contract to Complete Asphalt Service Co. in the amount of $68,140.80 for the 2006 Crack Sealing Program. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING 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 the applicant is requesting that the public hearing regarding Petition 31-06 be continued until the next City Council meeting on October 11, 2006. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to continue the public hearing for Petition 31-06 to the next City Council meeting on October 11, 2006. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT, PLANNED DEVELOPMENT ORDINANCES, AND PRELIMINARY PLAT TO COMBINE THE RLF PARCEL WITH THE CAPITANI PARCEL AS ONE COORDINATED PROJECT TO BE KNOWN AS THE PONDS OF STONY CREEK SUBDIVISION; PROPERTY LOCATED AT 3801 MCDONALD ROAD; BY THE RYLAND GROUP, INC., AS APPLICANT, AND JOELLYN CAPITANI AND DINO CAPITANI (CAPITANI PARCEL) AND THE RESIDENTIAL LAND FUND I, L.P. (RLF PARCEL), AS OWNERS (PETITION 42-06) Community Development Director Deering stated the applicant is requesting that the public hearing regarding Petition 42-06 be continued until the next City Council meeting on October 11, 2006. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to continue the public hearing for Petition 42-06 to the next City Council meeting on October 11, 2006. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. SEPTEMBER 27, 2006 VOLUME LXXI 812 PETITION 79-06 APPROVED REQUESTING A CONDITIONAL USE IN THE CC1 CENTER CITY DISTRICT, TO PERMIT A PERSONNEL SUPPLY SERVICE; PROPERTY LOCATED AT 57 DOUGLAS AVENUE, BY RMQ STAFFING SERVICES, AS APPLICANT, AND BRUCE CORN, AS OWNER Councilmember Sandor made a motion, seconded by Councilmember Rodgers, to approve Petition 79-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 80-06 APPROVED REQUESTING FINAL PLAT APPROVAL FOR THE WALGREEN’S NO. 09439 SUBDIVISION; PROPERTY LOCATED AT 600 VILLA STREET AND 611-619 MARGARET PLACE, BY VILLA AND LIBERTY LLC., AS APPLICANT AND OWNER Community Development Director Deering stated that proposed subdivision will contain a 14,820 square foot commercial building to be used as a pharmacy with a drive-through window on the southern portion of the subject property. The applicant is also proposing to construct a single family residence on the northern portion of the subject property. The Zoning and Subdivision Hearing Board has recommended approval for Petition 79-06. Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to approve Petition 80-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Councilmember Kaptain abstained due to a conflict of interest. PETITION 81-06 APPROVED REQUESTING FINAL PLAT APPROVAL FOR HURON’S MCLEAN BOULEVARD SUBDIVISION; PROPERTY LOCATED AT 925 SOUTH MCLEAN BOULEVARD, BY HURON INVESTMENT AND DEVELOPMENT COMPANY, LLC., AS APPLICANT AND LOYAL ORDER OF MOOSE, ELGIN LODGE 799 AS OWNER Community Development Director Deering stated that the proposed subdivision will contain the following: ƒ 43,200 square feet of flex industrial buildings containing a combination of office, research and development, retail sales, as well as industrial, warehouse and distribution uses in the westerly portion of the site ƒ 107,100 square feet of public self-storage facilities in the central portion ƒ 10,800 square foot building in the easterly portion of the site to be used as a lodge by the Loyal Order of the Moose. VOLUME LXXI SEPTEMBER 27, 2006 813 Councilmember Sandor made a motion, seconded by Councilmember Rodgers, to approve Petition 81-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Councilmember Kaptain abstained due to a conflict of interest. REQUEST TO EXTEND THE TERM OF THE PRELIMINARY PLAT FOR VALLEY CREEK TOWNHOMES; PROPERTY LOCATED AT 900 NORTH LYLE AVENUE, BY ELGIN-RANDALL ROAD LLC, AS APPLICANT AND VALLEY CREEK OF ELGIN INC. AND MARK AVENUE WEST LLC, AS OWNERS Community Development Director Deering stated because of complex wetlands issues, additional time has been required to obtain the necessary approvals from various other regulatory agencies. A request has been received to extend the term of the preliminary plan for the Valley Creek Townhomes. Staff recommends a one-year extension. Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to grant a one- year extension on the term of the preliminary plan for Valley Creek Townhomes. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. ORDINANCE G71-06 PASSED AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" Councilmember Figueroa made a motion, seconded by Councilmember Walters, to pass the proposed ordinance. Bennie Sowers read a statement, which was in response to a newspaper article regarding moving the “Recognize Persons Present” portion to the end of the Council agenda. She stated that she believes this contemplated change is sending the wrong message to the citizens. She stated that the way the article reads implies that the developers’ time is more important than the citizens concerns. She believes that all matters of citizen concern are City Council business. She hopes that this isn’t the beginning of a trend that will eventually lead to the silencing of the voices of the citizens of this community in this forum. Many citizens believe that their concerns are not important to the people they have elected to Council positions and that the perception of some citizens is that some members of the Council believe they are better than the citizens. She stated that this is the Council’s opportunity to show respect and true leadership to the citizens of Elgin by treating them as equal partners in the total process and stop inciting insignificant, controversial issues directed at the taxpaying citizens. Citizens would like to have the Council’s energy focused on enforcing the laws of this City relating to a variety of hot button issues. She also reminded the Council that these are the same people many of the members of this body will be asking to re-elect them so that they can continue serving on this Council. She concluded by saying that she doesn’t think that taking this unfriendly action will earn the Council any positive points. SEPTEMBER 27, 2006 VOLUME LXXI 814 Councilmember Rodgers made a motion, seconded by Councilmember Kaptain, to amend the proposed ordinance to include an eight-month sunset clause during which time the Council can evaluate the effectiveness of the proposed amendments being made to Chapter 2.08 of the Elgin Municipal Code. Councilmember Sandor stated that he doesn’t believe a sunset provision is necessary in that the council voted over a year ago to review all of its procedures when a new Council is seated. Councilmember Rodgers stated that she would still like to have the eight-month sunset clause added in that it is an assurance that the council will be looking at this again in eight months. She doesn’t want any of the residents to feel that they can’t come to the Council. By looking at this again in eight months, they will feel that their concerns will continue to be heard, and they don’t have to wait or be secondary to anyone else because they are the most important people in this community. Councilmember Kaptain stated that he has said many times that he loves to hear people talk. He is willing to try this change to see if it will help move the process along. However, he is concerned and doesn’t want to infringe on anyone’s rights. He would like for staff to track the number of people who come to sign in and determine whether over a period of time there is a change. Councilwoman Rodgers stated that another reason she is requesting a sunset clause is that one of the first things many people ask her is whether they have to stay for the entire meeting. Many of them can’t stay because they have young children they need to get home to. If this change in the agenda order is looked at again after eight months and the Council sees there is a decrease in the number of residents who come to speak, it sends a message to the residents that the Council will change this because it recognizes that the voice of residents is important. Councilmember Figueroa stated that he in agreement to have this portion moved to the end of the meeting. He also stated that having people be present for the entire meeting may be a benefit to them by helping them become better informed regarding the business conducted by the Council. Councilmember Walters stated that when the resident comment portion at Council meetings began, it was at the end of the meeting. At some point, the Council decided to try putting it at the beginning of the meeting. He also pointed out that the current policy of the U-46 School Board has the public comment portion at the end of its meeting. Over time, Councilmembers have noticed that most of the items addressed during this portion of the meeting have nothing to do with the City Council. They are advertisements about another event or something that is completely out of the Council’s control. He stated that people don’t even look at the City Council but look straight into the TV camera to make their point and don’t even address the City Council which shows an utter and complete disregard for the people who have business scheduled on the Elgin City Council’s agenda. Councilmember Walters further stated that he believes that those people also have rights. He also stated that he has never suggested that people should not be able to address the Elgin City Council and have those items be put into the minutes. He believes that by moving the comment portion to the end of the meeting is showing common courtesy to the people who have matters on the City Council’s agenda VOLUME LXXI SEPTEMBER 27, 2006 815 Upon a roll call vote on the motion to include an eight-month sunset clause: Yeas: Councilmembers Kaptain and Rodgers. Nays: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Motion to amend Ordinance G71-06 was defeated. Upon a roll call vote on the following ordinance as originally proposed: Yeas: Councilmembers Figueroa, Gilliam, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. Ordinance No. G71-06 AN ORDINANCE AMENDING CHAPTER 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "CITY COUNCIL" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN ILLINOIS: Section 1. That Section 2.08.070 of the Elgin Municipal Code, 1976, as amended, entitled "Agenda and Order of Business" be and is hereby further amended to read as follows: "The city manager shall be responsible for the preparation of the agenda of the city council meetings. The city manager shall also place matters on the city council agenda which are requested to be placed on the agenda by the mayor or a member of the city council. Requests from citizens for matters to be added to the agenda of the city council shall be presented in written form to the city manager not less than fourteen (14) days prior to the date of the meeting. The city manager shall determine whether to place such matters requested by citizens on the city council agenda. The city manager shall inform the city council of all requests by citizens to add matters to the agenda. The order of business to be observed at all meetings of the city council shall be as follows, unless a majority vote of all councilmen present suspends the established order of business: A. Calling the meeting to order; B. Invocation; C. Pledge of Allegiance; D. Roll call of members; E. Approval of the minutes of a previous meeting; F. Communications addressed to the council; SEPTEMBER 27, 2006 VOLUME LXXI 816 G. Bids H. Other business; I. Consent agenda; J. Miscellaneous business including announcements and appointments; K. Recognition of persons present; L. Adjournment." Section 2. That Section 2.08.080 of the Elgin Municipal Code, 1976, as amended, entitled "Rules or Procedure" be and is hereby further amended by amending subparagraph CC thereof to read as follows: "CC. Persons wishing to address the city council on a matter not on the agenda for the meeting shall register on a form furnished by the city clerk prior to the meeting. Speakers shall be heard in the order of registration and shall be limited to three (3) minutes and the total time allocated for all speakers shall not exceed thirty (30) minutes at each meeting." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Passed: September 27, 2006 Vote: Yeas: 5 Nays: 2 Recorded: September 28, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI SEPTEMBER 27, 2006 817 RESOLUTION 06-231 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINES AND WATER MAIN PURPOSES FROM GLENWOOD SCHOOL FOR BOYS, A/K/A GLENWOOD SCHOOL Councilmember Gilliam 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. 06-231 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINES AND WATER MAIN PURPOSES FROM GLENWOOD SCHOOL FOR BOYS A/K/A GLENWOOD SCHOOL 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 easement agreement for sanitary sewer lines and watermain purposes from Glenwood School For Boys a/k/a Glenwood School for the property legally described on Exhibit A-1 and A-2, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-232 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINES AND WATER MAIN PURPOSES FROM ROLLING OAKS FARM, L.L.C. 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. SEPTEMBER 27, 2006 VOLUME LXXI 818 Resolution No. 06-232 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINES AND WATER MAIN PURPOSES FROM ROLLING OAKS FARM, LLC 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 easement agreement for sanitary sewer lines and watermain purposes from Rolling Oaks Farm, LLC, for the property legally described on Exhibit A-1 and A-2, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Passed: September 27, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-233 ADOPTED ACCEPTING THE PROPOSAL OF LUNDSTROM INSURANCE FOR LIMITED SELF-INSURANCE PROGRAM Councilmember Kaptain 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. 06-233 RESOLUTION ACCEPTING THE PROPOSAL OF LUNDSTROM INSURANCE FOR LIMITED SELF-INSURANCE PROGRAM 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 accept the proposal on behalf of the City of Elgin of Lundstrom Insurance for the city’s limited self- insurance program for the period October 1, 2006 through September 30, 2007 as follows: VOLUME LXXI SEPTEMBER 27, 2006 819 a. To award Safety National a $500,000 SIR worker's compensation proposal for a total excess premium cost of $81,331. b. To accept St. Paul’s renewal for a premium cost of $881,537 and a claims administration fee of $62,525. c. To accept American International Specialty Lines’ renewal pollution liability policy for a premium cost of $49,895. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-234 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH WAL-MART STORES, INC., SAM'S REAL ESTATE BUSINESS TRUST AND SAM'S WEST, INC. (1000 SOUTH RANDALL ROAD) Councilmember Sandor stated that he was disappointed that the agreement to convey a landscape stipend to the Willow Bay Homeowners Association hasn’t been put in writing. Robert Gamrath, the attorney representing Wal-Mart, stated that they have verbally assured the attorney for the homeowners association on a number of occasions that they agree to provide a landscaping stipend to Willow Bay Homeowners Association to mitigate some of the impact. It is Wal-Mart’s position that the impact is not from its development but from the widening of Randall Road which will put the road closer to Willow Bay. He stated that as recently as this past Monday he again assured the association’s attorney that the agreement will be put in writing subject to the Council’s approval of the entitlements agreement. The agreement was a private agreement with Willow Bay. Wal-Mart felt that providing the stipend was being a good neighbor but it was also understood that it wasn’t something they felt was an impact directly related to their development. At no time has Wal-Mart ever backed away from the agreement, and their attorney has been repeatedly told that the agreement will be honored. Councilmember Sandor again stated that he was extremely disappointed and that he would be watching to make sure that the agreement is honored. SEPTEMBER 27, 2006 VOLUME LXXI 820 Councilmember Rodgers stated that she trusts that Wal-Mart, a billion dollar company, will do the right thing. Wal-Mart and the City both have a lot to gain by their being in the Elgin community. She further stated that Wal-Mart could have easily chosen to go to another community, and she is glad they are staying here. She trusts that Wal-Mart will make the decision to do the right thing concerning the Willow Bay Homeowners Association. The Wal- Mart representative responded that the Council has his word on that. Councilmember Figueroa made a motion, seconded by Councilmember Walters, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-234 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH WAL-MART STORES, INC., SAM'S REAL ESTATE BUSINESS TRUST AND SAM'S WEST, INC. (1000 South Randall Road) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. VOLUME LXXI SEPTEMBER 27, 2006 821 Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-235 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH WAL-MART STORES, INC. (1000 S. RANDALL ROAD) Councilmember Gilliam 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. 06-235 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH WAL-MART STORES, INC. (1000 S. Randall Road) 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 Economic Incentive Agreement with Wal-Mart Stores, Inc. on behalf of the City of Elgin for economic development assistance in connection with the development of 1000 S. Randall Road, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SEPTEMBER 27, 2006 VOLUME LXXI 822 RESOLUTION 06-236 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH SAM'S REAL ESTATE BUSINESS TRUST (1000 S. RANDALL ROAD) Councilmember Walters made a motion, seconded by Councilmember Kaptain, 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. 06-236 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH SAM'S REAL ESTATE BUSINESS TRUST (1000 S. Randall Road) 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 Economic Incentive Agreement with Sam's Real Estate Business Trust on behalf of the City of Elgin for economic development assistance in connection with the development of 1000 S. Randall Road, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE T38-06 PASSED PROVIDING FOR THE FINANCING BY THE CITY OF ELGIN, ILLINOIS OF AN ECONOMIC DEVELOPMENT PROJECT CONSISTING OF THE ACQUISITION AND REHABILITATION OF AN EXISTING FACILITY TO BE USED AS MANUFACTURING FACILITY AND THE ACQUISITION AND INSTALLATION OF EQUIPMENT AND RELATED PROPERTY THEREIN IN ORDER THAT NELSON GRAPHIC SCREENPRINTING, INC., GERHARD LANDROWSKI, AS CO-TRUSTEE UNDER THE GERHARD LANDROWSKI DECLARATION OF TRUST DATED NOVEMBER 18, 1993, A TRUST CREATED UNDER ILLINOIS LAW (THE "GERHARD LANDROWSKI TRUST"), ERIK H. LANDROWSKI, AS TRUSTEE FOR THE ERIK H. LANDROWSKI DECLARATION OF TRUST DATED AUGUST 28, 2006, A TRUST CREATED UNDER ILLINOIS LAW (THE "ERIK LANDROWSKI TRUST") AND MARK G. LANDROWSKI, AS TRUSTEE VOLUME LXXI SEPTEMBER 27, 2006 823 (CONTINUED FROM PREVIOUS PAGE) UNDER THE MARK G. LANDROWSKI TRUST DATED JUNE 26, 2001, A TRUST CREATED UNDER ILLINOIS LAW (THE "MARK LANDROWSKI TRUST") (THE COMPANY, THE GERHARD LANDROWSKI TRUST, THE ERIK LANDROWSKI TRUST AND THE MARK LANDROWSKI TRUST ARE REFERRED TO COLLECTIVELY AS THE "BORROWER" MAY BE PROVIDED WITH FACILITIES TO PROVIDE INCREASED JOB OPPORTUNITIES AND RETAIN EXISTING JOBS; AUTHORIZING THE ISSUANCE OF ITS VARIABLE RATE INDUSTRIAL DEVELOPMENT REVENUE BONDS (NELSON GRAPHIC SCREENPRINTING, INC. PROJECT), SERIES 2006 IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,795,000 IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN THE CITY OF ELGIN, ILLINOIS AND THE BORROWER; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST SECURING SAID BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT; AND RELATED MATTERS 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. ORDINANCE T38-06 IS NOT INCLUDED IN THESE MINUTES. THE ORIGINAL IS ON FILE IN THE CITY CLERK’S OFFICE. AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Walters, 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 Northern Illinois Special Recreation Association Crystal Lake, IL $219,802.00 Member district dues. Seyfarth Shaw $16,934.88 Legal services rendered through the month of June, 2006. ComEd Elgin, IL $63,375.49 Labor and materials for relocation of two transformers and 1switchgear at Festival Park. SEPTEMBER 27, 2006 VOLUME LXXI 824 CONSENT AGENDA By unanimous consent, Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to pass Ordinance Nos. G68-06 through G70-06 and adopt Resolution Nos. 06-221 through 06-230 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. ORDINANCE G68-06 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION IN THE CI COMMERCIAL INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (920 VILLA STREET) 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. Ordinance No. G68-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION IN THE CI COMMERCIAL INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (920 Villa Street) WHEREAS, written application has been made for a conditional use for a planned development which will allow for the construction of a building addition within the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 920 Villa Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. 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 August 16, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use for a planned development which will allow for the construction of a building addition within the CI Commercial Industrial District and the ARC Arterial Road Corridor Overlay District at 920 Villa Street and legally described as follows: VOLUME LXXI SEPTEMBER 27, 2006 825 That Part of Lot 9 of the County Clerk’s Division of Unsubdivided Lands in Section 19, Township 41 North, Range 9, East of the Third Principal Meridian, Described as Follows: Commencing at the Northeast Corner of the Northwest Quarter of Said Section 19, (Being also the Northeast Corner of Said Lot 9): Thence South 15 Minutes East 1345 Feet; Thence South 36 Degrees, 5 Minutes West, 732 Feet to the North Line of Villa Street; Thence North 53 Degrees, 55 minutes West Along the Northerly Line of Villa Street, 133.4 Feet to the Point of Beginning; Thence Continuing Along Said Last Described Line 423.6 Feet to Center of Creek; Thence Following the Center Line of Said Creek North 44 Degrees, 5 Minutes East 143 Feet; Thence Continuing Along the Center Line of Said Creek North 67 Degrees, 35 Minutes East 85 Feet; Thence South 70 Degrees, 55 Minutes East Along Center of Said Creek 419.7 Feet More or Less to a Point of Intersection With a Line Extending North 36 Degrees, 5 Minutes West to a Point of Beginning, in Cook County, Illinois, Except the East 210 Feet Thereof Measured Along Villa Street (the Westerly Line of Premises to be Parallel to Easterly Line of Original Description), in Cook County, Illinois (Property Commonly Known as 920 Villa Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance prepared by Dahlquist and Lutzow Architects, Ltd., dated June 12, 2006. 2. Substantial conformance to the proposed Site/Landscape Plan prepared by Dahlquist and Lutzow Architects, Ltd., dated June 12, 2006. 3. Substantial conformance to the proposed monument style graphic elevation drawing prepared by Dahlquist and Lutzow Architects, Ltd., dated June 12, 2006. The base of the graphic must include brick that matches brick used on the building façade. Landscaping around the monument graphic must meet the landscaping requirements of the graphic ordinance and shall be as approved by the Community Development Group. 4. Monument style directional graphics must be posted to indicate “One- Way” access to and from the development site and posted where otherwise necessary to insure proper on-site vehicular circulation. The directional graphics must meet the requirements of the graphic ordinance and shall be as approved by the Community Development Group. 5. The refuse collection area must be enclosed with a 6 foot solid wall constructed of the same building materials as the principal building. 6. Any fence on the subject property that is in disrepair shall be repaired, replaced, or removed. 7. Compliance with all other applicable codes and ordinances. SEPTEMBER 27, 2006 VOLUME LXXI 826 Section 3. That the conditional use granted herein shall expire if not established within two years from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/Ed Schock_____________________ Ed Schock, Mayor Presented: September 27, 2006 Passed: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 28, 2006 Published: Attest: s/Dolonna Mecum__________________________ Dolonna Mecum, City Clerk ORDINANCE G69-06 PASSED GRANTING A CONDITIONAL USE FOR A CARRYOUT RESTAURANT IN THE CC2 CENTER CITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (233 DUNDEE AVENUE) 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. Ordinance No. G69-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CARRYOUT RESTAURANT IN THE CC2 CENTER CITY DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (233 Dundee Avenue) WHEREAS, written application has been made requesting conditional use approval for a carryout restaurant in the CC2 Center City District and the ARC Arterial Road Corridor Overlay District at 233 Dundee Avenue; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. VOLUME LXXI SEPTEMBER 27, 2006 827 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 August 16, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit the operation of a carryout restaurant in the CC2 Center City District and the ARC Arterial Road Corridor Overlay District at 233 Dundee Avenue and legally described as follows: Parcel 1: Lot 1 (except the east 12 rods thereof) of Phineas J. Kimball, Sr’s Addition to Elgin, in the City of Elgin, Kane County, Illinois. Parcel 2: That part of lot 28 of b. W. Raymond’s Addition to Elgin, described as follows: commencing at the northeast corner of said lot; thence south along the east line of said lot, 116.82 feet; thence west, parallel with the north line of said lot, 212.50 feet to the east line of Dundee Avenue; thence northeasterly along said east line, 72.95 feet to the point of beginning; thence northeasterly along said east line to the northwest corner of said lot; thence east along said north line, 153.78 feet to the northeast corner of said lot; thence south along the east line of said lot, 52 feet ; thence west 179.93 feet to the point of beginning, in the city of Elgin, Kane County, Illinois. Parcel 3: That part of lot 28 of b. W. Raymond’s Addition to Elgin described as follows: commencing at a point in the east line of said lot, 52 feet south of the northeast corner thereof; thence south on said east line, 64.82 feet; thence west, parallel with the north line of said lot, 212.50 feet to the east line of Dundee Avenue; thence in a northeasterly direction along said east line of Dundee Avenue, 72.95 feet; thence east, 179.93 feet to the point of beginning, in the city of Elgin, Kane County, Illinois (property commonly known as 233 Dundee Avenue). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance for Domino’s Pizza prepared and submitted by Jin H. Ryoo, undated. 2. Substantial conformance to the proposed Floor Plan and Equipment Layout (Sheet No. A101) and Equipment Schedule and Lobby Elevations (Sheet No. A102) for Domino’s Pizza Store # 2792, prepared by Jason Gnich Design Group, and dated July 13, 2006, with revisions dated July 26, 2006. 3. The westerly windows shall be maintained as a display case, designed as approved by the Community Development Group. 4. Compliance with all other applicable codes and ordinances. SEPTEMBER 27, 2006 VOLUME LXXI 828 Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Passed: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 28, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G70-06 PASSED GRANTING A MAP AMENDMENT FROM MFR MULTIPLE FAMILY RESIDENCE DISTRICT TO CF COMMUNITY FACILITY DISTRICT (ELGIN CITY PARK - 301 WILLARD AVENUE) 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. Ordinance No.G70-06 AN ORDINANCE GRANTING A MAP AMENDMENT FROM MFR MULTIPLE FAMILY RESIDENCE DISTRICT TO CF COMMUNITY FACILITY DISTRICT (Elgin City Park – 301 Willard Avenue) WHEREAS, written application has been made requesting a map amendment from MFR Multiple Family Residence District to CF Community Facility District; 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 VOLUME LXXI SEPTEMBER 27, 2006 829 WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed and concurs with 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 August 21, 2006 made by 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 are hereby altered by including in the CF Community Facility District, the following described property: “The boundaries herein before laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including in the CF Community Facility District, the following described:” LOTS 1 AND 2 AND 37-39 IN KENILWORTH OAKS, UNIT #1, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; AND LOTS 3-36 IN KENILWORTH OAKS, UNIT #2, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 301 WILLARD AVENUE). 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: September 27, 2006 Passed: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: September 28, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SEPTEMBER 27, 2006 VOLUME LXXI 830 RESOLUTION 06-221 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LARKIN CENTER, INC. FOR A SCHOOL LIAISON OFFICER 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. 06-221 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LARKIN CENTER, INC. FOR A SCHOOL LIAISON OFFICER 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 on behalf of the City of Elgin with The Larkin Center, Inc. for a school liaison officer, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-222 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE OFF-SITE SANITARY SEWER IMPROVEMENTS IN PROVIDENCE SUBDIVISION, UNIT 1 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 SEPTEMBER 27, 2006 831 Resolution No. 06-222 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE OFF-SITE SANITARY SEWER IMPROVEMENTS IN PROVIDENCE SUBDIVISION, UNIT 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the off-site sanitary sewer improvements in Providence Subdivision, Unit 1. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-223 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO ENGINEERING SERVICES AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND GENDE, INC. (2006 COMBINED SEWER SEPARATION 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. Resolution No. 06-223 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO ENGINEERING SERVICES AGREEMENT WITH REZEK, HENRY, MEISENHEIMER AND GENDE, INC. (2006 Combined Sewer Separation Project) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute Amendment No. 1 to the engineering services agreement on behalf of the City of Elgin with Rezek, Henry, Meisenhemer and Gende, Inc. for 2006 Combined SEPTEMBER 27, 2006 VOLUME LXXI 832 Sewer Separation Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-224 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HEY & ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR DESIGN OF THE COMPENSATORY STORAGE PROJECT ON SOUTH GROVE 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. Resolution No. 06-224 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HEY & ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR DESIGN OF THE COMPENSATORY STORAGE PROJECT ON SOUTH GROVE AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Engineering Services Agreement on behalf of the City of Elgin with Hey & Associates, Inc. for engineering services for the compensatory storage project on South Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI SEPTEMBER 27, 2006 833 Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-225 ADOPTED AUTHORIZING EXECUTION OF A SIXTH AMENDMENT AGREEMENT WITH GILBANE BUILDING COMPANY FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CENTRE 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. 06-225 RESOLUTION AUTHORIZING EXECUTION OF A SIXTH AMENDMENT AGREEMENT WITH GILBANE BUILDING COMPANY FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CENTRE 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 Sixth Amendment Agreement on behalf of the City of Elgin with Gilbane Building Company for construction management services for The Centre, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SEPTEMBER 27, 2006 VOLUME LXXI 834 RESOLUTION 06-226 ADOPTED AUTHORIZING EXECUTION OF AN AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE ASSOCIATION FOR INDIVIDUAL DEVELOPMENT 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. 06-226 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDED COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE ASSOCIATION FOR INDIVIDUAL DEVELOPMENT 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 amended community development block grant agreement on behalf of the City of Elgin with the Association for Individual Development for construction of improvements at 1135 Bowes Road, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-227 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WEST SHORE FIRE, INC. FOR PURCHASE OF A RESCUE BOAT 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 SEPTEMBER 27, 2006 835 Resolution No. 06-227 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WEST SHORE FIRE, INC. FOR PURCHASE OF A RESCUE BOAT 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 West Shore Fire, Inc. for purchase of Red Zodiac Pro 7 Man RIB Rescue Boat, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-228 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS 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. 06-228 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Frank J. Harsman hereby appointed as a member of the Plumbing Committee, for a term to expire May 1, 2009. BE IT FURTHER RESOLVED that Juan Figueroa be and is hereby reappointed as a member of the Centre Advisory Board, for a term to expire July 1, 2007. BE IT FURTHER RESOLVED that Scott Palmer be and is hereby reappointed as a member of the Centre Advisory Board, for a term to expire July 1, 2007. SEPTEMBER 27, 2006 VOLUME LXXI 836 BE IT FURTHER RESOLVED that Marlen Perez be and is hereby reappointed as a member of the Centre Advisory Board, for a term to expire July 1, 2007. BE IT FURTHER RESOLVED that Pamela Bertolami be and is hereby appointed as a member of the Centre Advisory Board, for a term to expire July 1, 2008. BE IT FURTHER RESOLVED that Carol Gebelt be and is hereby appointed as a member of the Centre Advisory Board, for a term to expire July 1, 2008. BE IT FURTHER RESOLVED that Barbara Poole be and is hereby appointed as a member of the Centre Advisory Board, for a term to expire July 1, 2008. BE IT FURTHER RESOLVED that Kevin Roberts be and is hereby appointed as a member of the Centre Advisory Board, for a term to expire July 1, 2008. BE IT FURTHER RESOLVED that Joli C. Sumoski be and is hereby appointed as a member of the Centre Advisory board, for a term to expire July 1, 2008. BE IT FURTHER RESOLVED that Norasing Kethdy be and is hereby appointed as a member of the Board of Fire and Police Commissioners, to fulfill the unexpired term of Carolyn Hissong to expire May 1, 2009. BE IT FURTHER RESOLVED that Diana F. Jyoti be and is hereby appointed as a member of the Board of Health, to fulfill the unexpired term of Marsha Delaney to expire May 1, 2009. BE IT FURTHER RESOLVED that Cathy Malm be and is hereby appointed as a member of the Hemmens Advisory Board, to fulfill the unexpired term of Deborah Eickstaedt to expire May 1, 2009. BE IT FURTHER RESOLVED that Ricardo Gasca be and is hereby appointed as a member of the Parks and Recreation Board, for a term to expire May 1, 2009. BE IT FURTHER RESOLVED that Aloun Khotisene be and is hereby retained as a member of the Human Relations Commission, notwithstanding such member’s previous failure to meet minimum attendance requirements. BE IT FURTHER RESOLVED that Leon Montgomery be and is hereby retained as a member of the Parks and Recreation Board notwithstanding such member’s previous failure to meet minimum attendance requirements. VOLUME LXXI SEPTEMBER 27, 2006 837 BE IT FURTHER RESOLVED that Anne Stewart be and is hereby retained as a member of the Property Maintenance Appeals Board notwithstanding such member’s previous failure to meet minimum attendance requirements. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-229 ADOPTED AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM GRANT AGREEMENT WITH STEVEN KRAFT, D/B/A SPEED FASTENERS PLUS, INC. (1173 DUNDEE 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. Resolution No. 06-229 RESOLUTION AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM GRANT AGREEMENT WITH STEVEN KRAFT, D/B/A SPEED FASTENERS PLUS, INC. (1173 Dundee Avenue) 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 Business Improvement Program Grant Agreement on behalf of the City of Elgin with Steven Kraft, d/b/a Speed Fasteners Plus, Inc., for the property located at 1137 Dundee Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor SEPTEMBER 27, 2006 VOLUME LXXI 838 Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-230 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SEAGRAVE FIRE APPARATUS, L.L.C. 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. 06-230 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SEAGRAVE FIRE APPARATUS, L.L.C. 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 Seagrave Apparatus, L.L.C. for a fire department ladder truck, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 27, 2006 Adopted: September 27, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI SEPTEMBER 27, 2006 839 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, 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. City of Elgin Sales Tax for June 2006 City of Elgin Telecommunications Tax for June 2006 Hemmens Cultural Center Advisory Board Meeting Minutes for August 10, 2006 Elgin Heritage Commission Design Review Subcommittee Meeting Minutes for July 24, 2006, and August 14, 2006 Planning and Development Commission Meeting Minutes for August 21, 2006 Zoning and Subdivision Hearing Board Meeting Minutes of August 16, 2006 Committee of the Whole Minutes for August 23, 2006 City Council Minutes for August 23, 2006 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. The meeting adjourned at 9:02 p.m. s/Dolonna Mecum October 11, 2006 Dolonna Mecum, City Clerk Date Approved