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HomeMy WebLinkAboutb - January 24, 2007 CC35 JANUARY 24, 2007 VOLUME LXXII 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 January 24, 2007, in the Council Chambers. The meeting was called to order by Deputy City Clerk Jennifer Quinton at 7:00 p.m. The Invocation was given by Stephen Carter from the Elgin House of Prayer and the Pledge of Allegiance was led by Councilmember Sandor. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Absent: Mayor Schock. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to appoint Councilmember Gilliam as Mayor Pro Tem. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. MINUTES OF THE JANUARY 10, 2007, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the January 10, 2007, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. RECOGNIZE PERSONS PRESENT Doug Heaton questioned if the City pursued using the Image program that he suggested at the City Council meeting held on September 27, 2006. He stated that the program allowed the City to screen prospective job applicants. Fiscal Services Group Director Jim Nowicki stated that the City had implemented screening the social security numbers of prospective applicants. George Rawlinson invited the public and Council to attend the Elgin Authors Fair on Sunday, January 28, 2007, being held at the Prairie Rock Brewery, located at 127 S. Grove Avenue, in Elgin. He stated that good attendance to the fair was expected to be excellent and that 17 authors, many of them local, would be there mingling with the public. Colleen Thomas stated that she was present, along with Art Speciale and Dan Redmon, to answer any questions that may arise from Petition 17-05 on this evening’s agenda. VOLUME LXXII JANUARY 24, 2007 36 REQUEST TO SET A HEARING DATE FOR A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT; PROPERTY COMMONLY KNOWN AS 900 COOMBS ROAD; BY THE PINGREE CREEK, LLC, AS APPLICANT AND OWNER (PETITION 101-06) Community Development Director Deering stated the applicant is requesting a February 14, 2007, hearing date to make an amendment to the original annexation agreement for the Highland Woods Subdivision. The applicant is requesting to amend the annexation agreement to add 24 townhome units in an area of the subdivision identified as Neighborhood “I”. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to set the hearing date for the first amendment to the annexation agreement for the property commonly known as 900 Coombs Road for the City Council meeting to be held on February 14, 2007. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. PETITION 17-05 APPROVED REQUESTING VARIOUS AMENDMENTS TO THE TEXT OF TITLE 19, ZONING, AND CHAPTER 6.84, REMOVAL OF MOTOR VEHICLES, OF THE ELGIN MUNICIPAL CODE, CONCERNING THE REGULATION AND CONTROL OF MOTOR VEHICLE IMPOUNDMENT YARDS, BY ARTHUR SPECIALE, AS APPLICANT Community Development Director Deering stated that the zoning ordinance currently does not allow the storage of motor vehicles towed from outside the municipality. The applicant is proposing to amend the text of the zoning ordinance with respect to the regulation and control of motor vehicle impoundment yards, to permit vehicles towed from outside the municipal boundaries of the City to be stored within the impoundment yards. The Planning and Development Commission has recommended approval of the petition. Councilmember Walters questioned what surfaces would be allowed for the impoundment lots and would surfaces like compacted gravel, be able to adequately handle the environmental issues that can result from drainage of various fluids from some of the impounded cars. Mr. Deering stated that compacted gravel would be allowed as long as it is dustless. Corporation Counsel Rick Kozal stated that the Environmental Protection Agency issues had been raised and companies wishing to provide these services must comply with the specific requirements outlined, otherwise they would not be allowed to participate. Councilmember Sandor inquired how many of the impoundment lots currently complied with all of the qualifications necessary, besides the applicant. Mr. Deering replied that two or three lots currently comply with the requirements. He stated that all impoundment lots are not required to comply, only those wishing to participate would have to be in full compliance as outlined in the ordinance. Councilmember Sandor questioned how the City of Elgin planned to monitor the impoundment lots to ensure that they remained in compliance with the requirements. Mr. Deering stated that there is currently no plan to systematically monitor the impoundment lots JANUARY 24, 2007 VOLUME LXXII 37 beyond the initial stage of inspection for approval to participate, however a plan could be instituted to do so. Councilmember Figueroa asked if the other impoundment lots within Elgin had been informed of the new provisions and how long it was estimated before all of the lots were in compliance. Mr. Deering stated that only the impoundment lots that wish to apply to tow outside of the municipal boundaries of Elgin, which would allow them to participate in repossessions and private towing, would be required to comply. Otherwise, the impoundment lots are not required to comply with the proposed amendment and would continue to operate as they currently do. Councilmember Figueroa made a motion, seconded by Councilmember Kaptain, to approve Petition 17-05, to make the various amendments to the text of the Elgin Municipal Code entitled Title 19, “Zoning”, and Chapter 6.84, “Removal of Motor Vehicles” as outlined in the materials provided to Council. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. PETITION 29-06 REQUESTING MASTER CONCEPT PLAN REVIEW; PROPERTY LOCATED AT 5051 ROUTE 20; BY GRAND POINTE HOMES, AS APPLICANT, AND ROCHELLE LONG, ET AL., SAMUEL LAUREN, SHAHARA BAIN AND HENRY PAVILACK, AS OWNERS Community Development Director Deering stated that no motion is required by Council, but the applicant is requesting comments and feedback from the Council for the information that was supplied to them regarding Petition 29-06. Mr. Deering stated the proposed residential subdivision encompasses approximately 177 acres of land, and portions of the property include a floodplain and wetland areas. The developer is proposing 178 single-family residences and 96 townhomes for a mixed residential community. The Planning and Development Commission developed the following comments with respect to the plan: Councilmember Kaptain stated that this is a unique piece of property that includes important wetlands and a floodplain. He does not believe that the applicant has adequately addressed the protection of these natural amenities. He would like to see the applicant consult engineers and experts to preserve and protect these important habitats. Councilmember Kaptain also stated that he was bothered by the similarity of the home designs that were presented and would like to see more creativity applied to the development. Councilmember Walters stated that he liked the various connecting points that allow access for the Fire Department and the Elgin Police Department. However, he would like the townhome portion of the proposed development to be removed. He also agrees with Councilmember Kaptain that the applicant needs to apply more creativity to the designs involved and protect the wetlands located on the property. He added that he would like to see permeable pavers added for storm water run-off. VOLUME LXXII JANUARY 24, 2007 38 Councilmember Sandor is not a big fan of the concept review process. He agrees with the other Councilmembers that this is a unique property and does not believe he could approve the Petition as it has been proposed. Councilmember Gilliam stated that this seemed like an “average” development and nothing special. Rick Zirk, who was representing the applicant, stated that they believe that the development is consistent with what has previously been approved for other surrounding developments in the areas. Mr. Zirk pointed out that the surrounding developments that were previously approved do not comply with some of the points that were raised by the Council in regards to Petition 29-06. In proposing this petition, the applicants were trying to remain consistent with what the surrounding developments have started and blend in. PETITION 30-06 REQUESTING MASTER CONCEPT PLAN REVIEW FOR A RESIDENTIAL SUBDIVISION TO BE LOCATED AT THE KNAACK FARM; PROPERTY LOCATED AT 4700 PLANK ROAD; BY GRAND POINTE HOMES, AS APPLICANT, AND GARY KNAACK AND SHARON THERIAULT, AS OWNERS Community Development Director Deering stated that no motion is required by Council, but the applicant is requesting comments and feedback from the Council for the information that was supplied to them regarding Petition 30-06. Mr. Deering stated the proposed project is planned as a residential project including a variety of 239 single-family detached housing products. Portions of the property include a floodplain and wetland areas. The applicant has set aside 75.51 acres of the property which lies primarily in the flood plain to be retained as open space. Councilmembers stated that their comments regarding Petition 29-06 would be the same for this Petition. They would like to see: the wetlands and floodplain protected, more creativity applied to design, etc. Councilmember Sandor stated that unless it is a unique opportunity he would like the developers to stop using concept reviews. Mr. Zirk stated that the properties associated with Petition 29-06 and 30-06 were meant to work together, but they are stuck between uses. He stated that the plans laid out for these two petitions is consistent with what the Council laid out as appropriate for the development of the Far West area. However, these properties make up a sliver that is surrounded by developments that were allowed not to conform, making it difficult for the applicant to do so at this time. JANUARY 24, 2007 VOLUME LXXII 39 PETITION 45-06 REQUESTING A THIRD AMENDMENT TO AN ANNEXATION AGREEMENT, AND AN AMENDMENT TO THE PLANNED DEVELOPMENT AND PRELIMINARY PLAN FOR THE GLEN SUBDIVISION (FORMERLY KNOWN AS THE TRADITIONS OF FITCHIE CREEK); PROPERTY LOCATED AT 1101 NOLAN ROAD; BY THE GLEN LLC AND COMMONWEALTH REALTY ADVISORS, INC., AS APPLICANT AND OWNER Community Development Director Deering stated that the applicant requested that the item remain on the table at this time. PETITION 88-06 APPROVED REQUESTING FINAL PLAT APPROVAL FOR BOWES CREEK COUNTRY CLUB PHASE II; PROPERTY LOCATED AT 3555 BOWES ROAD; BY TOLL BROTHERS, INC., AS APPLICANT, AND BOWES CREEK PARTNERS, LLC, AS OWNER Community Development Director Deering stated the applicant is requesting final plat approval for Bowes Creek Country Club – Phase II. The Planning and Development Commission has recommended approval of this petition subject to the conditions outlined in the memo provided to Council. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 88-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. PETITION 92-06 APPROVED REQUESTING AN AMENDMENT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL ZONING DISTRICT ORDINANCE NUMBER G24- 00, TO PERMIT THE ESTABLISHMENT OF A RESTAURANT AND A BUILDING ADDITION IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; AND REQUESTING CONDITIONAL USE APPROVAL FOR A DRINKING PLACE AND A NIGHT CLUB; PROPERTY LOCATED AT 1550 NORTH RANDALL ROAD BY JIM & SHANNON ELLIS, AS APPLICANTS, AND JOHN PAUL, AS OWNER Community Development Director Deering stated the applicant is proposing to establish a restaurant with live entertainment within the existing 13,740 square foot commercial structure located on the subject property. Also proposed is the construction of a 1,349 square foot addition to the rear of the building, an interior remodel, and a new off-street parking lot. Mr. Deering stated that the restaurant is a permitted use, but the proposed live entertainment and the sale of alcohol are conditional uses. The Planning and Development Commission has recommended approval subject to the conditions outlined in the memo provided to Council. VOLUME LXXII JANUARY 24, 2007 40 Councilmember Sandor stated that he believes this is the perfect location for this type of establishment. Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 92-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. PETITION 95-06 APPROVED REQUESTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE RB RESIDENCE BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT, TO PERMIT EXTERIOR RENOVATIONS IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 667 E. CHICAGO STREET, BY NOE AND MARIA ELENA MENDOZA, AS APPLICANT AND NOE MENDOZA, AS OWNER Community Development Director Deering stated the applicant proposes to renovate the existing structure for use as a beauty salon and a second-floor office. Building and site improvements, including a parking lot and additional landscaping, are proposed for the site. The Zoning and Subdivision Hearing Board have recommended approval subject to the conditions outlined in the memo provided to Council. Councilmember Figueroa made a motion, seconded by Councilmember Walters, to approve Petition 95-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. RESOLUTION 07-23 ADOPTED AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH 164 DIVISION STREET, L.L.C. FOR THE ELGIN ART SHOWCASE (164 DIVISION STREET) Councilmember Walters made a motion, seconded by Councilmember Rodgers, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 07-23 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH 164 DIVISION STREET, L.L.C. FOR THE ELGIN ART SHOWCASE (164 Division Street) 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 respectively authorized and directed to execute a written lease agreement with 164 Division Street, L.L.C. for JANUARY 24, 2007 VOLUME LXXII 41 the Elgin Art Showcase for the premises commonly known as 164 Division Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 24, 2007 Adopted: January 24, 2007 Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Kaptain, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. PAYEE AMOUNT REASON Northwest News Group Crystal Lake, IL $18,279.08 Advertising for City events May through September Northeastern Illinois Planning Commission Chicago, IL $12,875.00 2007 Annual Contribution West Side Tractor Sales Chicago, IL $12,121.35 Transmission repair Badger Meter Milwaukee, WI $64,873.43 Water meters throughout the City CONSENT AGENDA By unanimous consent, Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G6-07 and adopt Resolution Nos. 07-16 through 07-23 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. VOLUME LXXII JANUARY 24, 2007 42 RESOLUTION 07-16 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 07-16 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Downtown Neighborhood Association for downtown revitalization, a copy of which is attached hereto and made a part hereof by reference. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 24, 2007 Adopted: January 24, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-17 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH HAMILTON WINGS Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 07-17 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH HAMILTON WINGS 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 JANUARY 24, 2007 VOLUME LXXII 43 authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with Hamilton Wings for art-immersion and enrichment activities for at-risk youth, a copy of which is attached hereto and made a part hereof by reference. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 24, 2007 Adopted: January 24, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-18 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE RENZ ADDICTION COUNSELING CENTER Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 07-18 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE RENZ ADDICTION COUNSELING CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Purchase of Service Agreement on behalf of the City of Elgin with the Renz Addiction Counseling Center for a community based gambling addiction treatment and prevention program, a copy of which is attached hereto and made a part hereof by reference. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 24, 2007 Adopted: January 24, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXII JANUARY 24, 2007 44 RESOLUTION 07-19 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM TRADITIONS AT FITCHIE CREEK, L.L.C. (A/K/A THE GLEN) (NOLAN ROAD-20 FOOT PERMANENT EASEMENT AND 50 FOOT TEMPORARY CONSTRUCTION EASEMENT) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 07-19 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM TRADITIONS AT FITCHIE CREEK, L.L.C. (a/k/a The Glen)(Nolan Road-20 Foot Permanent Easement and 50 Foot Temporary Construction Easement) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an easement agreement for water main from Traditions at Fitchie Creek, L.L.C. (a/k/a The Glen) (Nolan Road-20 foot permanent easement and 50 foot temporary construction easement) for the property legally described 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 easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 24, 2007 Adopted: January 24, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JANUARY 24, 2007 VOLUME LXXII 45 RESOLUTION 07-20 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM TRADITIONS AT FITCHIE CREEK, L.L.C. (A/K/A THE GLEN) (NOLAND ROAD-ADDITIONAL EASEMENT AREA) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 07-20 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM TRADITIONS AT FITCHIE CREEK, L.L.C. (a/k/a The Glen)(Nolan Road-Additional Easement Area) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an easement agreement for water main purposes from Traditions at Fitchie Creek, L.L.C. (a/k/a The Glen) (Nolan Road-Additional Easement Area) for the property legally described 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 easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 24, 2007 Adopted: January 24, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXII JANUARY 24, 2007 46 RESOLUTION 07-21 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH SINNETT BUILDERS INC. FOR CONSTRUCTION OF TEMPORARY AND PERMANENT ACCESS ROADS TO THE HIGHLAND AVENUE WATER TANK T-11 Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 07-21 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH SINNETT BUILDERS INC. FOR CONSTRUCTION OF TEMPORARY AND PERMANENT ACCESS ROADS TO THE HIGHLAND AVENUE WATER TANK T-11 WHEREAS, the City of Elgin has heretofore entered into a contract with Sinnett Builders, Inc. for construction of temporary and permanent access roads to the Highland Avenue Water Tank T-11; 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/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 24, 2007 Adopted: January 24, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JANUARY 24, 2007 VOLUME LXXII 47 RESOLUTION 07-22 ADOPTED AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA (31 SOUTH GROVE AVENUE) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. Resolution No. 07-22 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA (31 SOUTH 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 respectively authorized and directed to execute a written lease agreement with Elgin Symphony Orchestra for the premises commonly known as 31 South Grove Avenue, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 24, 2007 Adopted: January 24, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ORDINANCE G6-07 PASSED GRANTING A CONDITIONAL USE TO PERMIT THE CONSTRUCTION OF A BUILDINGS ADDITION AND EXTERIOR REMODEL IN THE AB AREA BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (16-24 NORTH AIRLITE STREET) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. VOLUME LXXII JANUARY 24, 2007 48 Ordinance No. G6-07 AN ORDINANCE GRANTING A CONDITIONAL USE TO PERMIT THE CONSTRUCTION OF A BUILDING ADDITION AND EXTERIOR REMODEL IN THE AB AREA BUSINESS DISTRICT AND THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (16–24 North Airlite Street) WHEREAS, written application has been made requesting conditional use approval to permit the construction of a building addition and exterior remodel in the AB Area Business District and the ARC Arterial Road Corridor Overlay District at 16-24 North Airlite Street; and WHEREAS, the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated December 6, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit the construction of a building addition and exterior remodel in the AB Area Business District and the ARC Arterial Road Corridor Overlay District at 16 – 24 North Airlite Street and legally described as follows: Lots 8, 9, 10, 11 and 12 in Block 3 of Walter G. McIntosh and Company’s Fox River Farms, being a subdivision of part of the South half of Section 16, Township 41 North, Range 8 East of the third principal meridian, along with Larkin Avenue and that part of the Federal Aid Highway Route 6, Section 8-X, according to the plat dated May 16, 1949 Document No. 626659, lying North to the Southerly extension of the West line of said Lot 8 and bounded on the East by the Southerly extension of the East line of said Lot 10, being situated in the City of Elgin, Kane County, Illinois (property commonly known as 16 and 24 North Airlite Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purposes and Conformance submitted and prepared by David K. Jurina, Avid Architecture, dated September 22, 2006. 2. Substantial conformance to the proposed Site Development Plan (Sheet No. 1), JANUARY 24, 2007 VOLUME LXXII 49 proposed Building Elevations and Floor Plans for the existing commercial building (Sheet No. A1-2 and Sheet No 2.1) for Denny and Jo Development, prepared by David K. Jurina, Avid Architecture, dated August 16, 2006. 3. Substantial conformance to proposed Building Elevations and Floor Plan for the new professional building to be constructed (Sheet No. B1-2 and Sheet No 2.2) for Denny and Jo Development, prepared by David K. Jurina, Avid Architecture, dated August 16, 2006. 4. Substantial conformance to the proposed Landscape Plan, prepared by Joseph P. Kohl, Landscape Design and Construction, Inc., dated September 22, 2006. 5. That the most southerly access point shall be moved to the north to align with an access point located to the east along Airlite Street, no later than June 30, 2008. 6. Compliance with all other applicable 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/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: January 24, 2007 Passed: January 24, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: January 25, 2007 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Figueroa made a motion, seconded by Councilmember Walters, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. VOLUME LXXII JANUARY 24, 2007 50 The Centre Advisory Board Meeting Minutes for November 9, 2006 Elgin Fire Pension Fund Meeting Minutes for October 3, 2006, November 7, 2006, and December 5, 2006 The Hemmens Cultural Center Advisory Board Meeting Minutes for December 14, 2006 Elgin Liquor Control Commission Meeting Minutes for December 6, 2006 Committee of the Whole Minutes for December 20, 2006 City Council Minutes for December 20, 2006 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, and Walters. Nays: None. The meeting adjourned at 7:40 p.m. s/Jennifer Quinton February 14, 2007 Jennifer Quinton, Deputy City Clerk Date Approved