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HomeMy WebLinkAbouts- October 11840 OCTOBER 11, 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 October 11, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:05 p.m. The Invocation was given by a representative from Sherman Hospital and the Pledge of Allegiance was led by Mary Camacho. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE SEPTEMBER 27, 2006, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the September 27, 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 Recognition of Comcast Cares Day Mayor Schock read a proclamation thanking the employees of Comcast Inc. and all of the volunteers who participated on October 7, 2006, at the Hawthorne Hill Nature Center for their efforts to clean-up the grounds, paint, and beautify the public facility so that the whole community could benefit and enjoy it for years to come. He stated that this is one of the largest, single-day corporate volunteer efforts and nearly 2,600 employees from Comcast’s Greater Chicago Region partnered with many organizations in the Chicagoland area to benefit the City of Elgin. Recognition of Early Hispanic Settlers in Elgin Mayor Schock read a proclamation recognizing the Hispanic families who initially settled in the Elgin Community and their subsequent generations. The early Hispanic families named included: Camacho, Flores, Martinez, Patino, Pompa, Rivera, Rodriguez, Sauceda, Siete, Valdivia, and the Vasquez families. He stated their families have made significant contributions VOLUME LXXI OCTOBER 11, 2006 841 to Elgin’s history since World War I and indicated that since their arrival and together with the many other families that later settled in Elgin, some of their substantial contributions to the community include: leadership in civic and political groups, community-based organizations, City commissions, cultural groups, educational institutions, religious bodies, and entrepreneurial ventures. He presented the proclamation to Mary Camacho and thanked all the family members that were able to attend the meeting. BID 06-056 AWARDED TO CARNOW, CONIBEAR & ASSOCIATES, LTD. FOR LEAD BASED PAINT TESTING SERVICES FOR THE COMMUNITY DEVELOPMENT DEPARTMENT Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve a contract to Carnow, Conibear & Associates, Ltd. in an amount not to exceed $20,000 over two years, with a one year option to renew for the Lead Based Paint Services for the Community Development Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-073 AWARDED TO STREICHER’S INC. FOR THE PURCHASE OF TACTICAL BODY ARMOR FOR THE ELGIN POLICE DEPARTMENT Councilmember Sandor made a motion, seconded by Councilmember Kaptain, to approve the purchase of the Protech Armor Products Tactical Body Armor from Streicher’s Inc. for an amount not to exceed $28,770. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-091 AWARDED TO MARTAM CONSTRUCTION, INC. FOR THE 2006 CENTRAL BUSINESS DISTRICT WATER MAIN PROJECT Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award Martam Construction, Inc. in the amount of $1,741,069 for the 2006 Central Business District Water Main Project. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 06-093 AWARDED TO CARBON ACTIVATED CORPORATION FOR THE RIVERSIDE FILTER MEDIA REMOVAL AND REPLACEMENT Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve a contract with Carbon Activated Corporation in the amount of $68,900 for the removal and re- installation of the GAC filter media in Filters #1, #3, and #4 at the Riverside Water Treatment Plant. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. OCTOBER 11, 2006 VOLUME LXXI 842 BID 06-100 AWARDED TO LANDMARK FORD INC. FOR THE PURCHASE OF A THREE QUARTER TON PICKUP WITH PLOW Councilmember Rodgers made a motion, seconded by Councilmember Figueroa, to award the purchase of one full size pickup truck equipped with a plow to Landmark Ford Inc. in the amount of $21,640 after trade in. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. STATE OF ILLINOIS CONTRACT AWARDED TO ENERGY ABSORPTION SYSTEMS FOR THE PURCHASE FOR A TRUCK MOUNTED CRASH ATTENUATOR, ARROW BOARD, TAILGATE ASSEMBLY, AND RELATED MOUNTING HARDWARE Councilmember Kaptain made a motion, seconded by Councilmember Rodgers, to award the purchase of a truck mounted crash attenuator, arrow board, tailgate assembly and related mounting hardware from Energy Absorption Systems, Inc. for $12,278 through the State of Illinois Joint Purchase Program. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING THE ESTABLISHMENT OF THE HIGHLAND WOODS/FOY PROPERTY SUBDIVISIONS SPECIAL SERVICE AREA IN THE CITY OF ELGIN Mayor Schock declared the public hearing open. Community Development Director Deering stated that the City is required by the City’s stormwater management ordinance to establish a “backup” special service area for the maintenance of stormwater control facilities. Regulations required that a public hearing be held for the establishment of a special service area for the Highland Woods/Foy Property Subdivision. No one else chose to speak and Mayor Schock declared the public hearing closed. 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 has requested that the public hearing for Petition 31-06 be continued until the next City Council meeting on October 25, 2006. Councilmember Sandor made a motion, seconded by Councilmember Gilliam, to continue the public hearing for Petition 31-06 be continued until the next City Council meeting on October VOLUME LXXI OCTOBER 11, 2006 843 25, 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) Mayor Schock declared the public hearing open. Community Development Director Deering stated that the amendment to the annexation agreement would add 49 acres to the northeast corner of the original parcel for a total of 278 acres. The Planning and Development Commission recommended approval of this amendment and their recommendation is subject to the conditions outlined in the memo the Council received. Attorney Bud Heimberg representing the applicants for the above mentioned project stated that the approval of Petition 42-06 amends the annexation agreement and allows for some significant improvements to the original development. He introduced Matt Pagoria from the Ryland Group, Inc. to give a brief overview of the project. Matt Pagoria from the Ryland Group, Inc. made a presentation touching on some of the proposed changes that would be implemented with the addition of the 49 acre parcel which included: the addition of two park sites with an open space corridor connecting the sites, developing a bike path in the open space corridor, and plans for a 2 acre private clubhouse. Mr. Pagoria stated that by adding this parcel a sanitary lift station would be eliminated from the project and it would also increase the separation between access points on McDonald Road from 630 feet to 1,280 feet. Mr. Pagoria also believes that although there are significant changes to the original plan Ryland Group, Inc. is still maintaining the buffer with the adjacent residential subdivision, conserving the existing natural features, and maintaining the quality and pricing of the single family homes offered by the development. Patsy Smith stated she is a resident of St. Charles and that the Ryland Group’s presentation did not cover a few points that will have a negative impact on the surrounding area. She stated that the addition of homes from this development will increase traffic on McDonald Road which threatens to make an already dangerous road even more so and it increases the pollution in the area due to the added vehicles. She asked the Council to address the safety issues on McDonald Road by implementing impact fees that could be set aside to add a left turn lane in the future. She also believes that the additional children that will be attending the areas schools will have a significant negative impact on the school district. In addition, Ms. Smith stated that the 15 foot buffer between this development and Campton Township’s open space is not adequate and she OCTOBER 11, 2006 VOLUME LXXI 844 would like the Council to consider increasing it to 50 feet which she believes would be reasonable. Helen Edwards stated she has been attending these meetings for years and is very concerned about the City of Elgin’s heavy development westward. She believes that this development is reasonable, but also stated that “we are ruining the best farm country in the world” and would like to see the growth stop before all of the surrounding natural resources are destroyed. No one else chose to speak and Mayor Schock declared the public hearing closed. PETITION 42-06 APPROVED REQUESTING 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 Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to approve Petition 42-06 subject to conditions. Councilmember Sandor stated that this petition seems to be very reasonable and he is pleased that the fiscal impact shows that the City will be at a net positive in the year 2012, given that most developments can take more than 20 years before the City sees any benefit. He also indicated that he is concerned about the negatives that this development may produce for the school districts, but he believes there is very little that the City can do to address the problems. He believes that the State legislature is not doing enough to address the funding issue regarding schools throughout the state. Councilmember Kaptain asked Community Development Director Deering to comment regarding the buffer. Mr. Deering stated that the buffer is the same as the originally approved project and it was found then to be adequate. Councilmember Kaptain stated that the elimination of the sanitary lift station is very important and although he still objects to the RLF development he feels this is a significant improvement on the original project and will be supporting this amendment. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI OCTOBER 11, 2006 845 REQUEST TO SET PUBLIC HEARING DATE REGARDING A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT; PROPERTY LOCATED AT 3401 WATER ROAD, BY CENTEX HOMES, AS APPLICANTS AND OWNERS (PETITION 25-05) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to set the public hearing date for Petition 25-05 for the City Council meeting on November 8, 2006. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. REQUEST TO SET A PUBLIC HEARING DATE REGARDING A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT; PROPERTY LOCATED AT 3625 AND 3650 WATER ROAD, BY CENTEX HOMES, AS APPLICANTS AND OWNERS (PETITION 76-05) Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to set the public hearing date for Petition 76-05 for the City Council meeting on November 8, 2006. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 38-05 APPROVED REQUESTING A MAP AMENDMENT FROM CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT; TO PERMIT THE CONSTRUCTION OF A NEW MULTIPLE-TENANT COMMERCIAL BUILDING IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 1350 EAST CHICAGO STREET, BY DEARBORN REALTY AND CONSTRUCTION, LTD., AS APPLICANT AND OWNER Community Development Director Deering stated that the subject property is located at 1350 East Chicago Street. The applicant proposes to construct a new 33,000 square foot multiple tenant commercial building on the property. The commercial building will contain 32 tenant spaces and be constructed in brick and rough faced stone veneers. The property contains an outlot that is not proposed to be developed at this time. Mr. Deering stated that the Planning and Development Commission recommended approval subject to the conditions outlined in the memo the Council received. Councilmember Walters made a motion, seconded by Councilmember Sandor, to approve Petition 38-05 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. OCTOBER 11, 2006 VOLUME LXXI 846 PETITION 78-06 APPROVED REQUESTING A VARIATION OF SECTIONS 203(B), 203(H)(12) AND 203(G)(1) STORMWATER MANAGEMENT ORDINANCE OF THE CITY OF ELGIN, TO PERMIT THE CONSTRUCTION OF A MULTIPLE TENANT COMMERCIAL BUILDING; PROPERTY LOCATED AT 1350 EAST CHICAGO STREET, BY DEARBORN CONSTRUCTION AND DEVELOPMENT, LTD., AS APPLICANT AND OWNER Community Development Director Deering stated the proposed variations the applicant is seeking in this petition would allow for a higher release rate and water level fluctuations of the detention basin, and an elimination of a small detention volume of stormwater intended to create infiltration and evaporation. The variances are being requested in order to construct an underground precast concrete storm water detention system due to a substantial change in elevation across the property. Mr. Deering stated that the Planning and Development Commission recommended approval subject to the conditions outlined in the memo the Council received. Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to approve Petition 78-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 53-06 APPROVED REQUESTING CONDITIONAL USE APPROVAL IN THE NB NEIGHBORHOOD BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, TO PERMIT THE ESTABLISHMENT OF A MOTOR VEHICLE SERVICE STATION AND A 24 HOUR CONVENIENCE STORE; PROPERTY LOCATED AT 300 SOUTH STATE STREET BY M CUBE PETRO FOUR INC., AS APPLICANT, AND PARKWAY BANK AND TRUST COMPANY TRUST NO. 13604, AS OWNER Community Development Director Deering stated the subject property is located on the southwest corner of the intersection of Route 31 and Walnut at 300 South State Street and has not been a tax paying property since 1993. The applicant is proposing to establish a motor vehicle service station and a 24-hour convenience food store. The applicant is proposing to remodel the interior and exterior of the existing building. The exterior of the building will be improved with masonry materials, and the site will be entirely reconstructed and landscaped. Mr. Deering stated that the Planning and Development Commission recommended denial of Petition 53-06. Councilmember Sandor stated that he believes this is a positive improvement on a property that has not been generating any tax dollars for the City and which has been seen as a blight to the surrounding neighborhood for several years. Councilmember Kaptain stated that he believes that the Zoning and Subdivision Hearing Board identified what could be a significant traffic problem caused by the access points from the property to South State Street and he sees this as a high impact site and believes that the site could be put to better use with a different business that would generate less traffic. VOLUME LXXI OCTOBER 11, 2006 847 Councilmember Sandor responded to Councilmember Kaptain’s comments stating that it was previously a service station and that other businesses wouldn’t benefit the city any more than what is being proposed. He believes that if they were to leave the property vacant it wouldn’t generate the additional income from taxes and it would continue as a blighted property within the Elgin community which would not benefit the City. Mayor Schock stated that he believed this was a worthy project and was happy to see that a vacant and blighted property could be turned into something functional and useful for the community. Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to approve Petition 53-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 72-06 APPROVED REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CI COMMERCIAL INDUSTRIAL DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, TO PERMIT THE CONSTRUCTION OF AN AUTO BODY SHOP; PROPERTY LOCATED AT 830 VILLA STREET, BY ELIAS JARAMILLO, AS APPLICANT AND OWNER Community Development Director Deering stated that the property is located at 830 Villa Street. The applicant is proposing to redevelop the site by demolishing the existing single family residence and motor vehicle body shop, and constructing a 5,204 square foot motor vehicle body shop containing an office and waiting area, service bays, and a paint booth. The proposed exterior building materials are brick masonry with a cast stone and concrete block foundation. Additional landscaping is also proposed for the site. The proposed site improvements require planned development approval due to the site being located in an ARC Arterial Road Corridor Overlay District. Mr. Deering stated that the Planning and Development Commission recommended approval subject to the conditions outlined in the memo the Council received. Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to approve Petition 72-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 06-260 ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (1470 MCCORNACK ROAD) Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Rodgers, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain. OCTOBER 11, 2006 VOLUME LXXI 848 Resolution No. 06-260 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (1470 McCornack 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. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Vote: Yeas: 6 Nays: 1 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI OCTOBER 11, 2006 849 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 University of Missouri Kansas City, MO $12,000.00 Fire and Rescue Training for Police Department IHC Construction CO LLC Elgin, IL $32,830.30 Emergency Water Main Repair Ziebell Water Service Products Elk Grove Village, IL $12,412.50 Repair of Fire hydrants Badger Meter Milwaukee, WI $15,312.24 Repair and refurbish City water meters CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G72-06 and G73-06, and adopt Resolution Nos. 06-237 through 06-259 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. ORDINANCE G72-06 PASSED AMENDING CHAPTER 9.08 ENTITLED "RETAIL FOOD STORES AND FOOD SERVICE ESTABLISHMENTS", CHAPTER 10.28 ENTITLED "AMPLIFIERS" AND CHAPTER 10.30 ENTITLED "NOISE" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED Councilmember Gilliam 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. G72-06 AN ORDINANCE AMENDING CHAPTER 9.08 ENTITLED “RETAIL FOOD STORES AND FOOD SERVICE ESTABLISHMENTS”, CHAPTER 10.28 ENTITLED “AMPLIFIERS” AND CHAPTER 10.30 ENTITLED “NOISE” OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City Council of the City of Elgin finds that excessive noise endangers physical and emotional health and well-being, interferes with legitimate business and recreation OCTOBER 11, 2006 VOLUME LXXI 850 activities, increases construction costs, depresses property values, offends the senses, creates public nuisances and in other respects reduces the quality of the environment; and WHEREAS, 65 ILCS 5/11-5-2 provides in part that the corporate authorities of each municipality may prevent noises in any public or private place; and WHEREAS, 65 ILCS 5/11-60-2 provides that the corporate authorities of each municipality may define, prevent and abate nuisances; and WHEREAS, the City Council of the City finds and declares that excessive noise in the City of Elgin constitutes a public nuisance; and WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois constitution; and WHEREAS, the City of Elgin as a home rule unit, may exercise any power and perform any function relating to its government and affairs; and WHEREAS, the prevention of noise in the City of Elgin which creates a public nuisance pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 9.08 of the Elgin Municipal Code, 1976, as amended, entitled “Retail Food Stores and Food Service Establishments” be and is hereby further amended by adding a new section 9.08.180 thereto to read as follows: “9.08.180: RESTAURANT HOURS OF OPERATION LIMITATIONS: No person shall operate or keep open to the public any restaurant located adjacent to any residentially zoned property in the city, or separated from any residentially zoned property in the city only by a public right-of-way, between the hours of twelve o’clock (12:00) a.m. until five-thirty o’clock (5:30) a.m. Mondays through Saturdays, and between the hours of one o'clock (1:00) a.m. until five-thirty o'clock (5:30) a.m. on Sundays. For the purposes of this section restaurants shall be defined to mean an establishment in which the principal use is the service of prepared food and/or beverages for consumption on and/or off the premises but shall not include establishments where incidental prepared food and beverages is accessory to a bakery, convenience store, meat market, or similar principal use nor shall it include cafeterias that are accessory to hospitals, colleges, universities, schools, or other similar principal uses. For the purposes of this section restaurant operations shall not include restaurants which are providing off-site deliveries only or service limited to a drive-thru window. For the purposes of this section residentially zoned properties shall not include properties located in the CC1 Center City District or the CC2 Center City District.” VOLUME LXXI OCTOBER 11, 2006 851 Section 2. That Section 10.28.040C of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: “No sound emanating from sound amplifying equipment shall exceed seventy (70) decibels above the ambient level. Decibel levels shall be determined as provided in Chapter 10.30 of this code, as amended.” Section 3. That Chapter 10.30 of the Elgin Municipal Code, 1976, as amended, entitled “Noise” be and is hereby further amended by amending Section 10.30.010 thereof entitled “Definitions” by adding the following definition of a sound amplification device to read as follows: “SOUND AMPLIFICATION DEVICE: Any loudspeaker, stereo, radio, tape recorder, cassette player, compact disc player, DVD player, phonograph, microphone, speaker or other device or system by which sounds are magnified.” Section 4. That Chapter 10.30 of the Elgin Municipal Code, 1976, as amended, entitled “Noise” be and is hereby further amended by adding thereto a new section 10.30.025 to read as follows: “10.30.025: SOUND AMPLIFICATION DEVICES NOISE LIMITATION FROM RESIDENTIAL PROPERTIES: No person shall operate or permit operation of any sound amplification device or system from any residential property within the city which can be heard from a distance of seventy-five feet (75’) or more from any property line of such residential property during nighttime hours or which can be heard from one hundred fifty feet (150’) or more from the property line of any such residential property during daytime hours.” Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Passed: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 12, 2006 Published: October 12, 2006 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk OCTOBER 11, 2006 VOLUME LXXI 852 ORDINANCE G73-06 PASSED GRANTING A CONDITIONAL USE FOR A PERSONNEL SUPPLY SERVICE (57 DOUGLAS AVENUE) Councilmember Gilliam 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. G73-06 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PERSONNEL SUPPLY SERVICE (57 Douglas Avenue) WHEREAS, written application has been made for a conditional use for a personnel supply service in the CC1 Center City District at 57 Douglas; 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 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 personnel supply service in the CC1 Center City District at 57 Douglas Avenue and legally described as follows: That part of the North 110.00 feet of Lot 5 in Block 17 of the original Town of Elgin, on the East side of Fox River, lying West of the West right of way of the Chicago and Northwestern Railway Company, in the City of Elgin, Kane County, Illinois (Property commonly known as 57 Douglas Avenue). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, prepared by Rose Quezada, dated July 13, 2006 2. Substantial conformance with the Floor Plan submitted by Rose Quezada, dated August 11, 2006. VOLUME LXXI OCTOBER 11, 2006 853 3. RMQ Staffing Service shall not provide transportation services to employment sites. 4. Compliance with all other codes and ordinances. 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: October 11, 2006 Passed: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 12, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-237 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH BRANDENBURG INDUSTRIAL SERVICES FOR DEMOLITION OF VARIOUS CITY OWNED BUILDINGS 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. 06-237 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH BRANDENBURG INDUSTRIAL SERVICES FOR DEMOLITION OF VARIOUS CITY OWNED BUILDINGS WHEREAS, the City of Elgin has heretofore entered into a contract with Brandenburg Industrial Services, for demolition of various city owned buildings; and OCTOBER 11, 2006 VOLUME LXXI 854 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: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-238 ADOPTED AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT 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. 06-238 RESOLUTION AUTHORIZING ACCEPTANCE OF ILLINOIS DEPARTMENT OF TRANSPORTATION HIGHWAY SAFETY PROJECT GRANT AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin, Illinois hereby accepts the Illinois Department of Transportation Highway Safety Project Grant in the amount of $85,792.05 for highway safety projects. BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI OCTOBER 11, 2006 855 Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-239 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH SMITH GROUP JJR, LLC FOR THE ENTRY CORRIDOR IMPROVEMENT PROJECT 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. 06-239 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH SMITH GROUP JJR, LLC FOR THE ENTRY CORRIDOR IMPROVEMENTS PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Smith Group JJR, LLC, for the entry corridor improvements project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk OCTOBER 11, 2006 VOLUME LXXI 856 RESOLUTION 06-240 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH WOODLAND COMPUTING GROUP, INC. FOR AN INTERIM RECORDS MANAGEMENT SYSTEM (RMS) 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. 06-240 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH WOODLAND COMPUTING GROUP, INC. FOR INTERIM RECORDS MANAGEMENT SYSTEM (RMS) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Woodland Computing Group, Inc., for an interim records management system (RMS), a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-241 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR WATER MAIN PURPOSES FROM RYAN COMPANIES US, INC. FOR RANDALL CROSSING BUSINESS PARK OF ELGIN 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. VOLUME LXXI OCTOBER 11, 2006 857 Resolution No. 06-241 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR WATER MAIN PURPOSES FROM RYAN COMPANIES US, INC. FOR RANDALL CROSSING BUSINESS PARK OF ELGIN (2755 Alft Court) 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 grant of easement for water main purposes from Ryan Companies US, Inc. for the property located on the southwest corner of Alft Lane and Alft Court in Randall Crossing Business Park of Elgin and depicted on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the plat of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-242 ADOPTED AUTHORIZING THE EXECUTION OF A RELEASE AND SATISFACTION OF JUDGMENT FOR CASE NO. 01 OV 5351 ENTITLED CITY OF ELGIN V. CHAD LACEK 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. OCTOBER 11, 2006 VOLUME LXXI 858 Resolution No. 06-242 RESOLUTION AUTHORIZING THE EXECUTION OF A RELEASE AND SATISFACTION OF JUDGMENT FOR CASE NO. 01 OV 5351 ENTITLED CITY OF ELGIN V. CHAD LACEK WHEREAS, Chad Lacek is the owner of the property commonly referred to as 376 Park Street, Elgin (the “Property”); and WHEREAS, the city obtained a default judgment in the amount of $46,800 default against Lacek in housing court Case Number 01 OV 5351 because he had failed to maintain the Property in compliance with the city’s property maintenance code; and WHEREAS, Lacek has corrected all the property maintenance code violations on the Property; WHEREAS, the marketability and economic rehabilitation of the property is not feasible unless the city's default judgment is reduced to an amount of fines that more properly reflects the nature of the property maintenance code violations that were existing on the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Corporation Counsel William A. Cogley be and is hereby authorized and directed to execute a Release and Satisfaction of Judgment on behalf of the City of Elgin for Case No. 01 OV 5351, City of Elgin v. Chad Lacek on the condition that Chad Lacek tenders payment to the City of Elgin in the amount of Two Thousand Dollars ($2,000). s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI OCTOBER 11, 2006 859 RESOLUTION 06-243 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH ARROW ROAD CONSTRUCTION COMPANY FOR 2006 UNIMPROVED STREET PROGRAM 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. 06-243 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH ARROW ROAD CONSTRUCTION COMPANY FOR 2006 UNIMPROVED STREET PROGRAM WHEREAS, the City of Elgin has heretofore entered into a contract with Arrow Road Construction Company for demolition of various city owned buildings; 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: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk OCTOBER 11, 2006 VOLUME LXXI 860 RESOLUTION 06-244 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH K-PLUS ENGINEERING, LTD. FOR THE WESTFIELD BUSINESS PARK WATER MAIN INVESTIGATION 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. 06-244 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH K-PLUS ENGINEERING, LTD. FOR WESTFIELD BUSINESS PARK WATER MAIN INVESTIGATION 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 K-Plus Engineering, Ltd., for the Westfield Business Park water main investigation, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-245 ADOPTED AUTHORIZING EXECUTION OF A PARTICIPATION AGREEMENT WITH BIGGERS CHEVROLET UNDER THE COOK COUNTY AUTOMOBILE DEALERSHIP INCENTIVE PROGRAM 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. VOLUME LXXI OCTOBER 11, 2006 861 Resolution No. 06-245 RESOLUTION AUTHORIZING EXECUTION OF A PARTICIPATION AGREEMENT WITH BIGGERS CHEVROLET UNDER THE COOK COUNTY AUTOMOBILE DEALERSHIP INCENTIVE PROGRAM 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 Participation Agreement on behalf of the City of Elgin with Biggers Chevrolet under the Cook County Automobile Dealership Incentive Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-246 ADOPTED APPROVING FINAL PLAT OF WALGREEN'S NO. 09439 SUBDIVISION (600 VILLA STREET AND 611-619 MARGARET PLACE) 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. 06-246 RESOLUTION APPROVING FINAL PLAT OF WALGREEN’S NO. 09439 SUBDIVISION (600 Villa Street and 611-619 Margaret Place) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Woolpert, Inc., dated March 17, 2006, and last revised on March 30, 2006, for the Walgreen’s No. 09439 Subdivision. s/ Ed Schock Ed Schock, Mayor OCTOBER 11, 2006 VOLUME LXXI 862 Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-247 ADOPTED APPROVING FINAL PLAT OF HURON'S MCLEAN BOULEVARD SUBDIVISION (925 SOUTH MCLEAN BOULEVARD) 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. 06-247 RESOLUTION APPROVING FINAL PLAT OF HURON’S MCLEAN BOULEVARD SUBDIVISION (925 South McLean Boulevard) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cemcon, Ltd., dated August 31, 2006, for Huron’s Mclean Boulevard Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI OCTOBER 11, 2006 863 RESOLUTION 06-248 ADOPTED APPROVING FINAL PLAT FOR NEIGHBORHOOD "C" OF HIGHLAND WOODS SUBDIVISION (900 COOMBS 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. 06-248 RESOLUTION APPROVING FINAL PLAT FOR NEIGHBORHOOD "C" OF HIGHLAND WOODS SUBDIVISION (900 Coombs Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cemcon, Ltd. last revised September 12, 2006 for Neighborhood "C" of Highland Woods Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-249 ADOPTED APPROVING FINAL PLAT FOR NEIGHBORHOOD "D" OF HIGHLAND WOODS SUBDIVISION (900 COOMBS 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. OCTOBER 11, 2006 VOLUME LXXI 864 Resolution No. 06-249 RESOLUTION APPROVING FINAL PLAT FOR NEIGHBORHOOD "D" OF HIGHLAND WOODS SUBDIVISION (900 Coombs Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cemcon, Ltd., last revised June 14, 2006, for Neighborhood "D" of Highland Woods Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-250 ADOPTED APPROVING FINAL PLAT FOR NEIGHBORHOOD "E" OF HIGHLAND WOODS SUBDIVISION (900 COOMBS 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. 06-250 RESOLUTION APPROVING FINAL PLAT FOR NEIGHBORHOOD "E" OF HIGHLAND WOODS SUBDIVISION (900 Coombs Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cemcon, Ltd. last revised June 16, 2006 for Neighborhood "E" of Highland Woods Subdivision. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI OCTOBER 11, 2006 865 Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-251 ADOPTED APPROVING FINAL PLAT FOR NEIGHBORHOOD "F" OF HIGHLAND WOODS SUBDIVISION (900 COOMBS 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. 06-251 RESOLUTION APPROVING FINAL PLAT FOR NEIGHBORHOOD "F" OF HIGHLAND WOODS SUBDIVISION (900 Coombs Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cemcon, Ltd. dated last revised May 24, 2006 for Neighborhood "F" of Highland Woods Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk OCTOBER 11, 2006 VOLUME LXXI 866 RESOLUTION 06-252 ADOPTED APPROVING FINAL PLAT FOR NEIGHBORHOOD "H" OF HIGHLAND WOODS SUBDIVISION (900 COOMBS 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. 06-252 RESOLUTION APPROVING FINAL PLAT FOR NEIGHBORHOOD "H" OF HIGHLAND WOODS SUBDIVISION (900 Coombs Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cemcon, Ltd. last revised June 14, 2006 for Neighborhood "H" of Highland Woods Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-253 ADOPTED APPROVING FINAL PLAT FOR NEIGHBORHOOD "K" OF HIGHLAND WOODS SUBDIVISION (900 COOMBS 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. VOLUME LXXI OCTOBER 11, 2006 867 Resolution No. 06-253 RESOLUTION APPROVING FINAL PLAT FOR NEIGHBORHOOD "K" OF HIGHLAND WOODS SUBDIVISION (900 Coombs Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Cemcon, Ltd. dated August 22, 2006 for Neighborhood "K" of Highland Woods Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-254 ADOPTED APPROVING FINAL PLAT OF SUBDIVISION FOR TALL OAKS, UNIT TWO (101 RUSSELL 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. 06-254 RESOLUTION APPROVING FINAL PLAT FOR TALL OAKS SUBDIVISION UNIT TWO (101 Russell Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Jacob & Hefner Associates, P.C., last revised April 20, 2006 for Tall Oaks Subdivision Unit One. s/ Ed Schock Ed Schock, Mayor OCTOBER 11, 2006 VOLUME LXXI 868 Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-255 ADOPTED APPROVING FINAL PLAT FOR VECE RIDGE SUBDIVISION (1700 RORHSSEN 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. 06-255 RESOLUTION APPROVING FINAL PLAT FOR VECE RIDGE SUBDIVISION (1700 Rohrssen Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the final plat prepared by Geopool, last revised August 10, 2006 for Vece Ridge Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXI OCTOBER 11, 2006 869 RESOLUTION 06-256 ADOPTED APPROVING AN EXTENSION OF THE ONE YEAR TERM FOR APPROVAL OF THE PRELIMINARY PLAT FOR VALLEY CREEK TOWNHOMES SUBDIVISION 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. 06-256 RESOLUTION APPROVING AN EXTENSION OF THE ONE YEAR TERM FOR APPROVAL OF THE PRELIMINARY PLAT FOR VALLEY CREEK TOWNHOMES SUBDIVISION WHEREAS, the City Council approved on October 12, 2005 the preliminary plat of subdivision for the Valley Creek Townhomes Subdivision prepared by Jen Land Design dated October 22, 2003, last revised October 3, 2005; and WHEREAS, Section 18.12.020 of the City of Elgin's subdivision ordinance requires the submission of an application requesting final plat approval for all or part of the subdivision within twelve (12) months of the approval of the preliminary plat of subdivision, and that an extension thereof beyond twelve (12) months may be granted by the City Council; and WHEREAS, the owners of the subject property have been working to obtain the necessary approvals from various regulatory agencies to allow the subject project to proceed and have requested that the City Council approve an extension of the twelve (12) month term under Section 18.12.020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves an extension of the date and application requesting final plat approval for the preliminary plat of subdivision for the Valley Creek Townhomes Subdivision from October 12, 2006, until March 12, 2007. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk OCTOBER 11, 2006 VOLUME LXXI 870 RESOLUTION 06-257 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE PINGREE GROVE AND COUNTRYSIDE FIRE PROTECTION DISTRICT REGARDING THE ANNEXATION AND DISCONNECTION OF PROPERTIES 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. 06-257 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE PINGREE GROVE AND COUNTRYSIDE FIRE PROTECTION DISTRICT REGARDING THE ANNEXATION AND DISCONNECTION OF PROPERTIES 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 Intergovernmental Agreement with the Pingree Grove and Countryside Fire Protection District on behalf of the City of Elgin in connection with the annexation and disconnection of properties, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-258 ADOPTED AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH BONESTROO AND ASSOCIATES FOR NEIGHBORHOOD PARK DEVELOPMENT PROJECTS 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. VOLUME LXXI OCTOBER 11, 2006 871 Resolution No. 06-258 RESOLUTION AUTHORIZING EXECUTION OF AN ENGINEERING SERVICES AGREEMENT WITH BONESTROO & ASSOCIATES FOR NEIGHBORHOOD PARK DEVELOPMENT PROJECTS 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 Bonestroo & Associates for neighborhood park development projects, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-259 ADOPTED AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM AGREEMENT WITH FRANK CIACCO (1116 LARKIN AVENUE) 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. 06-259 RESOLUTION AUTHORIZING EXECUTION OF A BUSINESS IMPROVEMENT PROGRAM AGREEMENT WITH FRANK CIACCO (1116 Larkin 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 Agreement on behalf of the OCTOBER 11, 2006 VOLUME LXXI 872 City of Elgin with Frank Ciacco for the property located at 1116 Larkin Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 11, 2006 Adopted: October 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 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. Emergency Telephone System Board Minutes for August 17, 2006 Elgin Heritage Commission Minutes for June 6, 2006, July 11, 2006, and August 1, 2006 Parks and Recreation Advisory Board Minutes for July 25, 2006 Veterans Memorial Park Committee Minutes for August 15, 2006, and August 16, 2006 Committee of the Whole Minutes for September 13, 2006 City Council Minutes for September 13, 2006 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. RECOGNIZE PERSONS PRESENT Margaret Miller stated that she has been spending a significant portion of time in Carpentersville and commended the trustees in Carpentersville for taking an active role in pursuing illegal immigration legislation in their community. She raised several questions listed below: ¾ Is Elgin prepared for a mass exodus of illegal immigrants from Carpentersville to Elgin? ¾ Will Elgin’s community services be spread thinner than they already are if Carpentersville’s ordinance passes? ¾ Will Elgin need additional police officers? VOLUME LXXI OCTOBER 11, 2006 873 ¾ Who is going to absorb unpaid ambulance bills that Carpentersville is currently writing off in large amounts? ¾ Will taxes be raised to compensate? Ms. Miller stated she hopes that Elgin has some sort of plan if the ordinance passes in Carpentersville and believes that Elgin should look into passing something similar here. Louis Rohling stated that he doesn’t believe that the old library site along the river should be torn down and developed. Instead he believes that the current building should be given to Public Action to Deliver Shelter (PADS). He stated that this property was paid for by the citizens of Elgin and it is unthinkable that it will be torn down to develop into a 16-story residential property. William Slocum stated he attended a previous meeting four months ago and he refuses to let the City forget about his concern regarding parking on both sides of the street. He previously talked about a young 3-year old girl who was struck by a car after coming out from between two parked cars. He questioned if this was to be the fate of other children and how the City and it’s many residents could allow this to continue. He would like to someday have children and he worries about the overcrowded parking on his street and the possibility of another child being hurt. He believes it is the City’s responsibility to make sure that another tragedy doesn’t occur. Judy Robnett stated that she would like the Council to recognize the German settlers that came to Elgin. She listed the accomplishments of her family, which is of German descent, and she urged equal and fair treatment for all of Elgin’s early immigrant settlers. Ina Dews stated that she was very perturbed after the last City Council meeting and still doesn’t like that the “Recognize Persons Present” portion was put at the end of the Council agenda. She wondered how many “business people” would be supporting and voting for the current Councilmembers running for election like the “little people” have done in the past. 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 8:10 p.m. s/Dolonna Mecum October 25, 2006 Dolonna Mecum, City Clerk Date Approved