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HomeMy WebLinkAboutw - December 61046 DECEMBER 6, 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 December 6, 2006, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The Invocation was given by Ina Dews and the Pledge of Allegiance was led by Rob Phillips of the Daily Herald. ROLL CALL Roll call was answered by Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: Councilmember Gilliam. BID 06-105 AWARDED TO SEAGREN CONSTRUCTION INC. FOR THE CONSTRUCTION OF RIVERSIDE WASH WATER RECOVERY BASIN ADDITION Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award a contract to Seagren Construction, Inc. in the amount of $519,400 for the construction of the Riverside Wash Water Recovery Basin Addition. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING ON TRUTH IN TAXATION Mayor Schock declared the public hearing open. No one chose to speak. Mayor Schock declared the public hearing closed. PETITION 33-06 APPROVED REQUESTING A MAP AMENDMENT FROM CF COMMUNITY FACILITY DISTRICT TO PCC PLANNED CENTER CITY DISTRICT FOR A MIXED USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; AND PRELIMINARY PLAT APPROVAL; PROPERTY LOCATED AT 200 NORTH GROVE AVENUE BY WATER STREET PLACE, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY, AS APPLICANT, AND THE CITY OF ELGIN, AS OWNER Community Development Director Deering stated that the applicant proposes to redevelop the former library site at the southwest corner of North Grove Avenue and Kimball Street with a VOLUME LXXI DECEMBER 6, 2006 1047 13-story condominium building which will be part of a planned development comprised of 154 dwelling units, retail, restaurant land uses, and public and private parking facilities. Councilmember Sandor made a motion, seconded by Councilmember Walters, to approve Petition 33-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. RESOLUTION 06-289 ADOPTED AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH WATER STREET PLACE, L.L.C. FOR DEVELOPMENT OF THE FORMER LIBRARY PROPERTY AT 200 N. GOVE AVENUE Councilmember Figueroa made a motion, seconded by Councilmember Sandor, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. Resolution No. 06-289 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH WATER STREET PLACE L.L.C. FOR DEVELOPMENT OF THE FORMER LIBRARY PROPERTY AT 200 N. GROVE AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with Water Street Place L.L.C. for development of the former library property at 200 N. Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 6, 2006 Adopted: December 6, 2006 Vote: Yeas: 4 Nays: 2 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk DECEMBER 6, 2006 VOLUME LXXI 1048 ORDINANCE G93-06 PASSED RECLASSIFYING PROPERTY FROM CF COMMUNITY FACILITY DISTRICT TO PCC PLANNED CENTER CITY DISTRICT (WATER STREET PLACE - 200 NORTH GROVE AVENUE) Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Sandor, Walters, and Mayor Schock. Nays: Councilmember Kaptain and Councilmember Rodgers. Ordinance No. G93-06 AN ORDINANCE RECLASSIFYING PROPERTY FROM CF COMMUNITY FACILITY DISTRICT TO PCC PLANNED CENTER CITY DISTRICT (Water Street Place - 200 North Grove Avenue) WHEREAS, written application has been made to reclassify certain property located at 200 North Grove Avenue from CF Community Facility District to PCC Planned Center City District; and WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified; and WHEREAS, the City Council of the City has reviewed the findings and recommendation of the Planning and Development Commission and concurs in such recommendations. 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 7, 2006, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07, Section 19.07.600 entitled “Zoning District Map” of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: “The boundaries herein before laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the PCC Planned Center City District the following described property: Parcel One: That Part Of The Northeast Quarter Of Section 14, Township 41 North, Range 8 East Of The Third Principal Meridian, Described As Follows: Commencing At VOLUME LXXI DECEMBER 6, 2006 1049 The Intersection Of The Northerly Line, Extended Easterly Of Kimball Street With The Easterly Line, Extended Northerly Of North Grove Avenue; Thence Southerly Along The Easterly Line Extended Northerly Of North Grove Avenue And Along Said Easterly Line, A Distance Of 266.42 Feet; Thence Westerly Along A Line That Forms An Angle Of 90 Degrees 45 Minutes To The Right With The Prolongation Of The Last Described Course, Being At Right Angles To The Easterly Line, Extended Northerly From The Northerly Line Of North Street, Of Douglas Avenue A Distance Of 70.0 Feet For The Point Of Beginning; Thence Continuing Westerly, Along Said Perpendicular Line, A Distance Of 390.0 Feet; Thence Southerly Parallel With The Easterly Line Of North Grove Avenue, A Distance Of 15.06 Feet; Thence Southeasterly Along A Line That Forms An Angle Of 29 Degrees 19 Minutes To The Left With The Prolongation Of The Last Described Course, A Distance Of 316.51 Feet; Thence Easterly, Along A Line That Forms An Angle Of 59 Degrees 56 Minutes To The Left With The Prolongation Of The Last Described Course, Being At Right Angles To The Easterly Line, Extended Southerly, Of Douglas Avenue; (From Its Intersection With The Northerly Line Of North Street), A Distance Of 235.0 Feet To A Point On A Line That Is 70.0 Feet Westerly Of (Measured At Right Angles Thereof) And Parallel With The Easterly Line Of North Grove Avenue; Thence Northerly Along Said Parallel Line, A Distance Of 289.0 Feet To The Point Of Beginning, In The City Of Elgin, Kane County, Illinois. Parcel Two: That Part Of The Fox River Manufacturing Company’s Addition To Elgin, Described As Follows: Beginning At The Intersection Of The South Line Of Kimball Street With The West Line Of River Street Also Known As Grove Avenue In Said City Of Elgin; Thence South Along The West Line Of River Street Also Known As Grove Avenue To A Point 132 Feet North Of The North Line Of North Street, Extended; Thence West On A Line Parallel With The South Line Of Kimball Street To The East Margin Of Fox River; Thence Northwesterly Along The Said East Margin Of Fox River To The South Line Of Kimball Street; Thence East Along Said South Line Of Kimball Street To The Place Of Beginning; Also Lot 62 Of Phineas J. Kimball’s 2nd Addition To Elgin (Except Part Lying In Grove Avenue) (Also Except Parts Lying In Kimball Street Or Grove Avenue As Dedicated By The Plat Document 1066947 Recorded April 5, 1966) (Also Except That Part Of The Northeast Quarter Of Section 14, Township 41 North, Range 8 East Of The Third Principal Meridian, Described As Follows: Commencing At The Intersection Of The Northerly Line, Extended Easterly Of Kimball Street With The Easterly Line, Extended Northerly Of North Grove Avenue; Thence Southerly Along The Easterly Line Extended Northerly Of North Grove Avenue And Along Said Easterly Line, A Distance Of 266.42 Feet; Thence Westerly Along A Line That Forms An Angle Of 90 Degrees 45 Minutes To The Right With The Prolongation Of The Last Described Course, Being At Right Angles To The Easterly Line, Extended Northerly From The Northerly Line Of North Street Of Douglas Avenue A Distance Of 70.0 Feet For The Point Of DECEMBER 6, 2006 VOLUME LXXI 1050 Beginning; Thence Continuing Westerly, Along Said Perpendicular Line, A Distance Of 390.0 Feet; Thence Southerly Parallel With The Easterly Line Of North Grove Avenue, A Distance Of 15.06 Feet; Thence Southeasterly Along A Line That Forms An Angle Of 29 Degrees 19 Minutes To The Left With The Prolongation Of The Last Described Course, A Distance Of 316.51 Feet; Thence Easterly, Along A Line That Forms An Angle Of 59 Degrees 56 Minutes To The Left With The Prolongation Of The Last Described Course, Being At Right Angles To The Easterly Line, Extended Southerly, Of Douglas Avenue; (From Its Intersection With The Northerly Line Of North Street), A Distance Of 235.0 Feet To A Point On A Line That Is 70.0 Feet Westerly Of (Measured At Right Angles Thereof) And Parallel With The Easterly Line Of North Grove Avenue; Thence Northerly Along Said Parallel Line, A Distance Of 289.0 Feet To The Point Of Beginning) In The City Of Elgin, Kane County, Illinois (Property Commonly Known As 200 North Grove Street). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CF Community Facility District to PCC Planned Center City District at 200 North Grove Avenue which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PCC Planned Center City District is to facilitate the implementation of the official comprehensive plan for the center city, as focused on a distinctive sub area of the city with a common urban fabric. This PCC Zoning District is most similar to, but departs from the standard requirements of the CC1 Zoning District. The PCC District is subject to the provisions of Chapter 19.60, Planned Developments. In general, the purpose and intent of the provision for planned developments is to accommodate unique development situations. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol [SR], shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. The "Preliminary Plat of Subdivision" referred to in this ordinance shall mean the Preliminary Plat of Subdivision prepared by Bolinger, Lock and Associates, Inc., dated last revised August 31, 2006. The "Subject Property" referred to in this ordinance shall mean the property legally described above in Section 2 of this ordinance. The "Outlots" shall mean Lots 2, 3, 4 and 5 in the Preliminary Plat of Subdivision for the Subject Property. C. General Provisions. In this PCC District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, as may be amended from time to time. VOLUME LXXI DECEMBER 6, 2006 1051 D. Zoning Districts - Generally. In this PCC Planned Center City District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, as may be amended from time to time. E. Location and Size of District. PCC Planned Center City Districts should be located in substantial conformance to the official comprehensive plan for the center city. No additional CC1 zoning district shall be mapped subsequent to the effective date of this title, unless such property to be mapped adjoins an existing CC1 zoning district. There shall be no maximum or minimum area of land, which shall be necessary to constitute the CC1 Center City District. F. Land Use. In this PCC Planned Center City District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR], a "conditional use" [SR], in this PCC Planned Center City District: 1. Permitted Uses: The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCC Planned Center City District but not including that portion of the Subject Property identified as the Outlots. Non-residential uses shall be limited to those portions of the building designated for such uses. a. Residences Division: “Attached single family dwellings” [SR] (UNCL). "Multiple-family dwellings" [SR] (UNCL). "Residential occupations" [SR] (UNCL). "Residential storage" [SR] (UNCL). b. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. c. Offices Division: “Offices” [SR] (UNCL). d. Finance, Insurance, and Real Estate Division: "Development sales office" [SR] (UNCL). Finance, insurance, and real estate (H). e. Services Division: Advertising (731). Barbershops (724). Beauty shops (723). Computer programming, data processing and other computer- related services (737). Computer rental and leasing (7377). Engineering, accounting, research, management and related services (87). Home health care services (808). Legal services (811). DECEMBER 6, 2006 VOLUME LXXI 1052 Mailing, reproduction, commercial art and photography, and stenographic services (733). “Management and public relations services (874). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Photographic studios, portrait (722). Shoe repair shops and shoeshine parlors (725). Watch, clock and jewelry repair (763). f. Retail Trade Division: Apparel and accessory stores (56). Carryout restaurants (5812) Direct selling establishments (5963). Drugstores and proprietary stores (591). Eating places (5812). Florists (5992). General merchandise stores (53). Home furniture, furnishings and equipment stores (57). Miscellaneous retail stores not elsewhere classified (5999). Miscellaneous shopping goods stores (594). News dealers (5994). Optical goods stores (5995). g. Construction Division: "Contractor's office and equipment areas" [SR] (UNCL). h. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). "Radio and television antennas" [SR] (UNCL). "Satellite dish antennas" [SR] (UNCL). "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). i. Miscellaneous Uses Division: "Parking structures" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. 2. Conditional Uses: The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCC Planned Center City District but not including that portion of the Subject Property identified as the Outlots. Non-residential uses shall be limited to those portions of the building designated for such uses. a. Residences Division: "Conditional residential occupations" [SR] (UNCL). VOLUME LXXI DECEMBER 6, 2006 1053 b. Services Division: Child daycare services (835). c. Retail Trade Division: Drinking places (alcoholic beverages) (5813). Food stores (54). "Outdoor eating and drinking facilities" [SR] (UNCL). "Package liquor sales establishments" [SR] (5921). Tobacco stores (5993). d. Transportation, Communication, and Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Courier services (4215). "Loading facilities" [SR], exclusive "accessory" [SR] to a use allowed in the district, subject to the provisions of chapter 19.47, "Off Street Loading", of this title. "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). e. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR] (UNCL). "Program for Graphics" [SR], subject to the provisions of chapter 19.50, "Street Graphics", of this title. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of chapter 19.60, "Planned Developments", of this title. 3. Permitted Uses for Outlots: The following enumerated "Land Uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] or a "conditional use" [SR] on the portion of the Subject Property identified as the Outlots. The following enumerated land uses shall be the only land uses allowed as a permitted use on the portion of the Subject Property identified as the Outlots: a. Retail Trade Division: "Eating places" (5812) "Outdoor eating and drinking facilities" [SR] UNCL "Drinking places" (alcoholic beverages) (5813) operated in conjunction with and accessory to an Eating Place. 4. Additional Use Restrictions and Regulations: Notwithstanding the foregoing provisions of Sections of 3F1, 3F2 and 3F3 providing for the listing of permitted uses and conditional uses, the following shall constitute prohibited uses on the Subject Property: video stores; DECEMBER 6, 2006 VOLUME LXXI 1054 laundromats; currency exchanges; payday and loan businesses; nail salons which are not accessory to a beauty shop; tanning salons which are not accessory to a beauty shop; tax preparation business; dollar-type discount stores; rental furniture stores; automotive related uses including, but not limited to, motor vehicle service stations [SR] (554); car washes and “motor vehicle repair shops” [SR] (753); and fast food/quick service restaurants including, by way of example, but not limited to, McDonald’s, Burger King, Wendy’s, White Castle, Taco Bell, Subway, Kentucky Fried Chicken, Pizza Hut, A & W and Long John Silvers. G. Site Design. In this PCC Planned Center City District, the use and development of land and structures shall be subject to the provisions of Section 19.12, Site Design, of the Elgin Municipal Code, as amended. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the Statement of Purpose and Conformance, prepared by Peter C. Bazos, Esq., Schnell, Bazos, Freeman, Kramer, Schuster & Vanek, dated received April 4, 2006. 2. Substantial conformance to the “Water Street Place” Preliminary Plat of Subdivision prepared by Bollinger, Lach & Associates, Inc., dated last revised August 31, 2006. 3. Substantial conformance to the preliminary engineering for Water Street Place, prepared by Bollinger, Lach & Associates, Inc., dated last revised September 14, 2006. 4. Substantial conformance to the development plans for Water Street Place dated September 27, 2006, prepared by Legat Architects, consisting of a cover sheet, planting plan dated revised September 20, 2006; site amenities plan dated revised September 20, 2006; elevation plans consisting of three (3) pages depicting among other matters view from Fox River, Water Street view, typical townhouse, aerial view, Grove Street view, west elevation and east elevation, dated received September 27, 2006, consisting of three (3) pages; floor plans for basement plan through 16th floor plans for Water Street Place dated August 7, 2006; PD signage submittal and sign location plan issued October 4, 2006, and sign plans dated issued October 4, 2006, containing sheet title Sign A, Sign B, Sign C and Sign D. 5. Compliance with the development agreement between the City of Elgin and Water Street Place LLC dated October 25, 2006. 6. Submission and approval of construction drawings and specifications. All building elevations shall indicate the design of and material used. Details shall be provided for cornices, windows and doors, entryways to the townhomes, storefronts and common areas, landscape features, parking stalls, retaining walls and stairways, and any improvements on the public right of way, and shall be approved by the Development Administrator. 7. A minimum of 162 public parking spaces shall be provided. 8. Conformance to all other applicable codes, ordinances and requirements of law. VOLUME LXXI DECEMBER 6, 2006 1055 H. Off Street Parking. In this PCC Planned Center City District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as may be amended, except as provided within this ordinance. I. Off Street Loading. In this PCC Planned Center City District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, as may be amended from time to time. J. Signs. In this PCC Planned Center City District, signs shall be subject to the provisions of 19.50, Street Graphics, as may be amended from time to time, except as may be provided within this section. In this PCC zoning district, signs shall be developed in conformance with following condition: 1. Substantial conformance to the graphic elevation drawings contained in the Sign Plan prepared by the Hitchcock Design Group, dated October 4, 2006. The kiosk sign and archway sign depicted in such sign plan shall be required by the City of Elgin and shall constitute street graphics required by law as provided in Section 19.50.120A1 of the Elgin Municipal Code, 1976, as amended. The specific text and messages in the kiosk sign shall be limited to way finding and public information as approved by the city’s development administrator. K. Planned Developments. In this PCC Planned Center City District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments, as may be amended from time to time. L. Conditional Uses. In this PCC Planned Center City District, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, as may be amended from time to time. M. Variations. In this PCC Planned Center City District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. N. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, as may be amended from time to time. 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 DECEMBER 6, 2006 VOLUME LXXI 1056 Presented: December 6, 2006 Passed: December 6, 2006 Vote: Yeas: 4 Nays: 2 Recorded: December 7, 2006 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PUBLIC HEARING REGARDING AN ANNEXATION AGREEMENT, PORI PLANNED OFFICE, RESEARCH AND INDUSTRIAL DISTRICT, PCF PLANNED COMMUNITY FACILITY DISTRICT ZONING AND PRELIMINARY PLAT APPROVAL FOR AN INDUSTRIAL SUBDIVISION TO BE KNOWN AS CAPITAL CORPORATE CENTER; PROPERTY LOCATED AT 2451 MASON ROAD BY ABCP INVESTMENTS, LLC, AS APPLICANTS AND BARTELS FARMING CORPORATION, AS OWNERS (PETITION 35-06) Mayor Schock declared the public hearing open. Community Development Director Deering stated the subject property consists of 45 acres located near the southwest corner of Randall Road and the I-90 tollway. The applicant proposes to annex and develop the site with an industrial subdivision consisting of eight lots for commercial and industrial use and additional outlots for stormwater management. Attorney Peter Bazos, representing ABCP Investments, LLC, stated that this property is immediately north of the doctors’ offices on Randall Road. This project will bring more office buildings. There are no unresolved issues, and the Planning and Development Commission recommended approval. Mike Anderson, a principal of ABCP Investments stated that this is a continuation of the Slough Business Park. He described the site plan and overall aspect of the proposed project. They are going toward higher end uses and plan to start construction in the spring as soon as weather permits. No one else chose to speak. Mayor Schock declared the public hearing closed. VOLUME LXXI DECEMBER 6, 2006 1057 PETITION 35-06 APPROVED REQUESTING ANNEXATION, PORI PLANNED OFFICE, RESEARCH AND INDUSTRIAL DISTRICT, PCF PLANNED COMMUNITY FACILITY DISTRICT ZONING AND PRELIMINARY PLAT APPROVAL FOR AN INDUSTRIAL SUBDIVISION TO BE KNOWN AS CAPITAL CORPORATE CENTER; PROPERTY LOCATED AT 2451 MASON ROAD BY ABCP INVESTMENTS, LLC, AS APPLICANTS AND BARTELS FARMING CORPORATION, AS OWNERS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 35-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. REQUEST APPROVED TO SET A PUBLIC HEARING ON PROPOSED ANNEXATION AGREEMENT; PROPERTY LOCATED AT 3301 ROUTE 20, BY BEN HENRIKSON AND MARK A. LEDEBUHR, AS APPLICANT AND OWNERS (PETITION 65-06) Councilmember Figueroa made a motion, seconded by Councilmember Sandor, to set the public hearing date for Petition 65-06 for the January 10, 2007, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. REQUEST APPROVED TO SET A PUBLIC HEARING ON PROPOSED ANNEXATION AGREEMENT; PROPERTY LOCATED AT 4300 MCDONALD ROAD; BY DINO CAPITANI, AS APPLICANT AND DINO CAPITANI AND LEO DANEK, AS OWNERS (PETITION 66-06) Councilmember Walters made a motion, seconded by Councilmember Sandor, to set the public hearing date for Petition 66-06 for the January 10, 2007, City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. PETITION 93-06 APPROVED REQUESTING FINAL PLAT APPROVAL FOR PHASE FOUR OF THE EDGEWATER SUBDIVISION; PROPERTY LOCATED AT 2700 BOWES ROAD, BY PULTE HOME CORPORATION, AS APPLICANT AND OWNER Community Development Director Deering stated that this is the final phase of the Edgewater Subdivision and it contains a total of 212 single family lots. A portion of the subdivision will be dedicated to the City of Elgin for the construction of a new municipal fire station on 3.86 acres of land. Several open space parcels are also included in the subdivision. The Planning and Development Commission recommended approval. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 93-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. DECEMBER 6, 2006 VOLUME LXXI 1058 PETITION 94-06 APPROVED REQUESTING FINAL PLAT APPROVAL FOR PHASE TWO OF THE RESERVE SUBDIVISION; PROPERTY LOCATED AT 2705 BOWES ROAD BY PULTE HOME CORPORATION, AS APPLICANT AND OWNER Community Development Director Deering stated that the proposed Phase Two will contain 48 townhomes in 8 buildings located on the southeast portion of the parcel. The remaining portion of the 25-acre parcel is to be set aside for the construction of a public works salt storage facility, an active park, and a branch library. Phase Two of the subdivision has been made possible by the land exchange agreement between the City of Elgin and Pulte Homes Corporation for the construction of the new municipal fire station along Longcommon Parkway. The Planning and Development Commission recommended approval. Councilmember Walters made a motion, seconded by Councilmember Rodgers, to approve Petition 94-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 06-291 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE AMENDED MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT-RANDALL ROAD - I-90 ILLINOIS TOLLWAY TO HOPPS ROAD BETWEEN THE CITY OF ELGIN AND COUNTY OF KANE Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-291 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE AMENDED MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT RANDALL ROAD - I-90 ILLINOIS TOLLWAY TO HOPPS ROAD CITY OF ELGIN AND COUNTY OF KANE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute Amendment No. 2 to the Amended Memorandum of Intergovernmental Agreement for Randall Road - I-90 Illinois Tollway to Hopps Road between the City of Elgin and County of Kane, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI DECEMBER 6, 2006 1059 Presented: December 6, 2006 Adopted: December 6, 2006 Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt Resolution Nos. 06-285 through 06-290 (except 06-289) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 06-285 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CURRAN CONTRACTING COMPANY, INC. FOR RESURFACING A PORTION OF NESLER ROAD Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-285 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CURRAN CONTRACTING COMPANY, INC. FOR RESURFACING A PORTION OF NESLER ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Curran Contracting Company, Inc. for resurfacing a portion of Nesler Road, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor DECEMBER 6, 2006 VOLUME LXXI 1060 Presented: December 6, 2006 Adopted: December 6, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-286 ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH BRANDENBURG INDUSTRIAL SERVICE COMPANY FOR DEMOLITION OF VARIOUS BUILDINGS Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-286 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH BRANDENBURG INDUSTRIAL SERVICE COMPANY FOR DEMOLITION OF VARIOUS BUILDINGS WHEREAS, the City of Elgin has heretofore entered into a contract with Brandenburg Industrial Service Company for demolition of various buildings; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXI DECEMBER 6, 2006 1061 Presented: December 6, 2006 Adopted: December 6, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-287 ADOPTED AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR ROUTE 554 Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-287 RESOLUTION AUTHORIZING EXECUTION OF A SERVICE AGREEMENT WITH THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY FOR ROUTE 554 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute a Service Agreement on behalf of the City of Elgin with the Suburban Bus Division of the Regional Transportation Authority for Route 554, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 6, 2006 Adopted: December 6, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk DECEMBER 6, 2006 VOLUME LXXI 1062 RESOLUTION 06-288 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO GRANT OF EASEMENT WITH MENARD, INC. FOR RELOCATION OF WATERMAIN ON RANDALL ROAD Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Resolution No. 06-288 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO GRANT OF EASEMENT WITH MENARD, INC. FOR RELOCATION OF WATERMAIN ON 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 Amendment to Grant of Easement with Menard, Inc. for relocation of water main on Randall Road, a copy of which is attached hereto. s/ Ed Schock Ed Schock, Mayor Presented: December 6, 2006 Adopted: December 6, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 06-290 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH SIKICH, LLP FOR AUDITING SERVICES Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXI DECEMBER 6, 2006 1063 Resolution No. 06-290 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SIKICH, LLP FOR AUDITING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Sikich LLP for auditing services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 6, 2006 Adopted: December 6, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Figueroa made a motion, seconded by Councilmember Rodgers, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Emergency Telephone System Board Minutes for September 21, 2006 and October 19, 2006 Committee of the Whole Minutes for November 8, 2006 City Council Minutes for November 8, 2006 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. DECEMBER 6, 2006 VOLUME LXXI 1064 ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Kaptain, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. The meeting adjourned at 7:20 p.m. s/Dolonna Mecum December 20, 2006 Dolonna Mecum, City Clerk Date Approved