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HomeMy WebLinkAboutd - February 28, 2007 CC121 FEBRUARY 28, 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 February 28, 2007, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:00 p.m. The Invocation was given by Mr. Ivan Gonzalez, representing the Storehouse of World Vision and the Pledge of Allegiance was led by the Elgin High School students present in the audience. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Absent: None. MINUTES OF THE FEBRUARY 14, 2007, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Rodgers made a motion, seconded by Councilmember Kaptain, to approve the February 14, 2007, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. RECOGNIZE PERSONS PRESENT Margaret Miller respectfully asked that a member of the City Council request that the 287(g) education training from a spokesperson from the Immigration and Customs Enforcement be placed on the agenda in the next couple of weeks. She believes that this education training would be very welcome and answer any questions that the City Council or general public has regarding the program. Ivan Gonzalez, a representative of the non-profit organization called World Vision, stated that they recently opened up a new location called the Storehouse of World Vision at 1200 St. Charles Road. He described it as a “Home Depot” for non-profit organizations, schools, and churches. He stated that the Storehouse’s unique non-profit model provides building materials, school supplies, and personal care products to churches, schools and non-profits, for use in low- income communities. VOLUME LXXII FEBRUARY 28, 2007 122 Mohamad Sager and Brian Tran, both currently seniors at Elgin High School, presented the “Elgin to Elgin – Worldwide Literacy” program, which hosts family reading nights, and outlined the benefits of the program. They stated that it is a community driven program based on the idea of unity and it promotes reading worldwide. It is run by a group of students at Elgin High School, which is a State Mentoring School, and the group’s mission is to make contact with all of the other municipalities named Elgin across the globe to encourage them to host a family reading night in April or May, and perhaps permanently incorporate the program into their school systems. They stated that the ultimate goal is to have all municipalities join the program, whether or not they are named Elgin. They hoped that the Council would decide to join them in their efforts. Mayor Schock questioned how the Council could help with the project. Brian Tran replied that they would appreciate if the Mayor and Councilmembers would contact the other municipalities, which would add credibility to their request to start reading nights. Councilmember Rodgers asked if they had a list of other cities. They replied that they do have a list, but did not bring it with them this evening. However, additional information will be available soon via a website www.u-46.org/ehs/elgintoelgin. Mayor Schock stated that they would be happy to help and asked that the students provide the Council with suggestions on how they can promote the program. Ellen Bachman, distributed a hand-out to Council regarding a Tyler Creek study done by Hey & Associates. She stated she is a current resident of Valley Creek Subdivision and works as an elementary school librarian for District U-46. Her goal is to have Council approve a stormwater detention basin for the Valley Creek Subdivision and is suggesting that the basin be located behind the Creekside School. She stated that the Hoover Burnidge developers of the Valley Creek Subdivision set aside a $1 million fee in lieu of a detention facility to the City of Elgin. She also stated Hey & Associates published a report entitled “Tyler Creek Management Plan” in November of 1997. This report was paid for by the City of Elgin with the strong encouragement from the Eagle Heights Homeowners Association, and only two projects have been completed since the report. It is Ms. Bachman’s understanding that there are still funds available from the original $1 million set aside. She is urging the Council to implement the Hey & Associates recommendation which is to retrofit the 66-inch storm sewer outfall located at Valley Creek Unit 9 by adding a detention basin to improve water quality performance. She stated that not only would it meet all the goals outlined in the report, it would also provide the students at Creekside School with a unique educational experience. Gary Swick stated that he is on the Board of Directors with Friends of the Fox River and is the Director of the Watershed Monitoring Network. He attended this meeting as a voice for Tyler Creek and in support of Ms. Bachman, and hopes that the Council will seriously consider her request. He gave a summary of the water quality of Tyler Creek and stated that the creek rates between Good to Fair upstream of Randall Road, but that downstream of Randall Road it has always rated as Fair to Poor. He stated that Tyler Creek definitely is in need of stormwater management due to many different factors that he outlined briefly. He added that Creekside School is interested and that it is a priority site for stormwater fall-out. He believes that the educational benefits to the students would be tremendous. FEBRUARY 28, 2007 VOLUME LXXII 123 Councilmember Gilliam questioned if Mr. Swick knew what this project would cost. Mr. Swick did not know exact numbers and stated that this is something that an engineer would have to determine. Councilmember Kaptain stated that he thought it would be a tremendous educational opportunity for U-46 students. He stated this is a viable solution to an environmental problem that has been developing for over 25 years. He believes that there are partnerships and grant opportunities available to complete this project, which is very exciting, and at the same time provide something that children can learn from. BID 06-120 AWARDED TO DAVID H. POOLE TO ACT AS THE LIQUOR CONCESSIONAIRE FOR THE HEMMENS CULTURAL CENTER Councilmember Rodgers made a motion, seconded by Councilmember Gilliam, to approve the agreement with David H. Pool for the liquor concession at The Hemmens Cultural Center. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 07-004 AWARDED TO MARC KRESMERY CONSTRUCTION LLC FOR THE CONSTRUCTION OF THE WATER MAIN EXTENSION TO THE 1.0 MILLION GALLON HIGHLAND AVENUE WATER TANK (T11) Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to award a contract to Marc Kresmery Construction LLC, in the amount of $699,070 for the construction of the water main extension to the 1.0 million gallon Highland Avenue water tank (T11). Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 07-010 AWARDED TO H & H LAWN SERVICE FOR CONTRACTUAL GROUNDS MAINTENANCE FOR THE CODE DEPARTMENT Councilmember Rodgers made a motion, seconded by Councilmember Walters, to award a contract for two years, with one year options to renew, to H & H Lawn Service in an annual amount not to exceed $20,000 each year, for contractual grounds maintenance services for the Code Department. Councilmember Kaptain commented that it is his understanding that one of the current providers of this service was unable to complete the projects assigned to them in a timely manner. He recommended that Staff look into a 24 hour notification system or reporting log that would require the service provider to notify the City when they had completed the job assigned. VOLUME LXXII FEBRUARY 28, 2007 124 Mayor Schock allowed a member of the audience to question why the City of Elgin was not doing the grounds maintenance for problem properties. Mayor Schock stated that the City used to do the ground maintenance, but found it is more cost effective to have a contractor perform the service. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. BID 07-014 AWARDED TO ARROW ROAD CONSTRUCTION FOR THE 2007 TODD FARM/FOREST NEIGHBORHOOD STREETS REHABILITATION PROJECT Councilmember Figueroa made a motion, seconded by Councilmember Walters, to award Arrow Road Construction the 2007 Todd Farm/Forest Neighborhood Streets Rehabilitation Project in the amount of $1,298,713.35. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. CONTRACT APPROVED FOR THE PURCHASE OF FOUR REPLACEMENT UTILITY VEHICLES FROM LANDMARK FORD THROUGH THE STATE OF ILLINOIS JOINT PURCHASE PROGRAM Councilmember Walters made a motion, seconded by Councilmember Figueroa, to award the purchase of three 2007 Ford Explorer utility vehicles and one Ford Expedition utility vehicle from Landmark Ford Inc. in the amount of $88,866, and that the four vehicles being replaced be disposed of through a public auction later this year following delivery and conversion of the new vehicles. 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, AND AN AMENDMENT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G17-04 TO AMEND THE PLANNED DEVELOPMENT AND PRELIMINARY PLAN FOR HIGHLAND WOODS SUBDIVISION NEIGHBORHOOD “I”; PROPERTY COMMONLY KNOWN AS 900 COOMBS ROAD; BY THE PINGREE CREEK, LLC, AS APPLICANT AND OWNER (101-06) Mayor Schock declared the public hearing open. Community Development Director Deering stated that the applicant is requesting to amend the original annexation agreement and the zoning district to add 24 additional townhome units in an area of the subdivision identified as Neighborhood “I”. He stated that it is important to note that the ratio of single family dwellings to townhomes will not change from 70% single family dwellings to 30% townhomes because the applicant had previously added 80 single family homes to a previous petition which is working in conjunction with petition 101-06. The FEBRUARY 28, 2007 VOLUME LXXII 125 combination of these two petitions working in conjunction has allowed the applicant to consolidate some of their stormwater retention facilities. The additional townhome units will meet all of the site design and architectural standards approved as a part of the original annexation and zoning. The Planning and Development Commission has recommended approval of this petition subject to the conditions outlined in the memo provided to Council. Mr. Dan Olson with Crown Community Development made a brief presentation outlining the petition and the benefits associated with it. He also stated that they will be participating in the Gallery of Homes Showcase sometime near the end of June and he invited the Council out to view some of the homes on display. A member of the audience questioned what the price range was on the homes being offered. Mr. Olson replied that he did not have exact numbers because he wasn’t associated with the builders, but believed that the homes being offered ranged from $175,000 for townhomes to $1 million for some of the single family homes. Mayor Schock declared the public hearing closed. PETITION 101-06 APPROVED REQUESTING A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT, AND AN AMENDMENT TO PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G17-04 TO AMEND THE PLANNED DEVELOPMENT AND PRELIMINARY PLAN FOR HIGHLAND WOODS SUBDIVISION NEIGHBORHOOD “I”; PROPERTY COMMONLY KNOWN AS 900 COOMBS ROAD; BY THE PINGREE CREEK, LLC, AS APPLICANT AND OWNER Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve Petition 101-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. REQUEST TO SET AN ANNEXATION AGREEMENT HEARING DATE FOR MARCH 14, 2007; PROPERTY LOCATED AT 3701 WEST HIGHLAND AVENUE; BY WALTER BOCHENEK, AS APPLICANT, AND SEVEN CREEKS, LLC, AS OWNER (PET 86-06) Community Development Director Deering stated that the applicant is requesting a March 14, 2007 hearing date for the annexation agreement for the proposed Seven Creeks Subdivision. The property encompasses approximately 40 acres of land which is planned as a single family residential project. Councilmember Walters made a motion, seconded by Councilmember Gilliam, to set a hearing date on the proposed annexation for the March 14, 2007 City Council meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. VOLUME LXXII FEBRUARY 28, 2007 126 PETITION 52-06 APPROVED REQUESTING FINAL PLAT APPROVAL FOR THE NEIGHBORHOOD 4 IN WATERFORD SUBDIVISION; PROPERTY LOCATED AT 3101 WATER ROAD, BY KIMBALL HILL HOMES, AS APPLICANT AND OWNER Community Development Director Deering stated the applicant is requesting the final plat approval for Neighborhood 4 located in the Waterford Subdivision. He stated that upon completion the subdivision will include 379 single family homes, three neighborhood parks, and protected open space areas. The Planning and Development Commission has recommended approval of this petition subject to the conditions outlined in the memo provided to Council. Councilmember Figueroa made a motion, seconded by Councilmember Sandor, to approve Petition 52-06 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-63 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HITCHCOCK DESIGN GROUP FOR ENGINEERING SERVICES FOR DEVELOPMENT OF RIVERSIDE DRIVE PLAZA Councilmember Kaptain made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Councilmember Rodgers asked for clarification on item B on page 2 of the agreement which states “…subject to a multiple of 1.15 of the invoice amount.” General Services Group Director Lawry stated that it is a typical percentage that is assigned to contracts that can vary, but it covers any unforeseen issues that may occur in the project where the main consultant may have to bring outside resources in to help complete the project. He added that this item covers the main consultants overhead for administrative costs. Councilmember Rodgers stated that she didn’t see any penalties in the contract if the project is not completed on time. Corporation Counsel Cogley stated that the contract has a termination provision if they fail to perform, including failure to make progress as required by the schedule. If they fail to comply they would not be paid for those services. He added if the City incurred additional damages for the contractor’s failure to complete the project, which he couldn’t speculate about, the City would also have an action for the further breach in contract. He stated that these provisions are set forth in the agreement. Councilmember Rodgers asked if penalties were ever applied in these instances. Corporation Counsel Cogley stated that typically for professional services agreements, there are no penalties applied. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Walters, and Mayor Schock. Nays: Councilmember Sandor. FEBRUARY 28, 2007 VOLUME LXXII 127 Resolution No. 07-63 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HITCHCOCK DESIGN GROUP FOR ENGINEERING SERVICES FOR DEVELOPMENT OF RIVERSIDE DRIVE PLAZA 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 with Hitchcock Design Group for development of Riverside Drive Plaza, copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 6 Nays: 1 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RECONSIDERATION OF ORDINANCE NO. G14-07 AMENDING ORDINANCE G69- 98 PASSED RECLASSIFYING PROPERTY IN THE PAB PLANNED AREA BUSINESS DISTRICT (860 SUMMIT STREET) Councilmember Walters made a motion, seconded by Councilmember Kaptain, to reconsider Ordinance No. G14-07. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. Community Development Director Deering stated the applicants have agreed to incorporate best management practices for stormwater control by including permeable pavers on two sections of the parking lot. He stated that originally there were eight conditions outlined in the memo received by Council and he suggested adding a ninth condition to include the permeable pavers which is shown on the site plan provided to Council. Councilmember Walters made a motion, seconded by Councilmember Kaptain, to pass the following ordinance subject to the conditions outlined via the memo received by Council and amended to incorporate the permeable pavers. VOLUME LXXII FEBRUARY 28, 2007 128 Councilmember Figueroa believes that as an entry corridor into the City the surrounding neighborhood deserves something better than what is being offered at this point. However, due to the possible legal complications that this could have to the City and the citizens as taxpayers, he is being forced to change his previous two votes from no to an affirmative, to avoid a lawsuit. Councilmember Sandor stated that he is still extremely concerned about the project, even after reading the memo provided by corporation counsel. He believes that placing an auto parts store across the street from another auto parts store is the height of poor planning. He does not like lawsuits and tries to avoid them if at all possible; however the Council has taken a stand against projects that it felt were not appropriate in the past, and he believes that the Council should take a stand against this project as well. He stated that he would like the ordinances changed so that this situation does not occur again. Councilmember Walters believes that the Council needs to review and revise the ordinances so that this situation does not keep occurring in the future. However, until that review and revision is complete, a judge will rule in the applicant’s favor because they have met all of the requirements of the zoning district, and the City would then be responsible for the costs and damages associated with the lawsuit. Councilmember Rodgers stated that she voted in favor of the project at the last meeting because the applicant met all of the necessary requirements. She also believes that offering the citizens a choice of where to shop is essential, and having an auto parts store across the street from another auto parts store, promotes healthy competition and better prices for Elgin’s citizens. Councilmember Figueroa agreed that the ordinances definitely needed to be revised otherwise this will keep occurring. Councilmember Kaptain stated that it was obvious at the last meeting that this applicant had met all of the requirements of the City’s ordinances and that was why he voted in favor of the change. He believes that the Council is looking at the type of business and he has a tendency to look at the quality of the building. He stated that the business could be there for a year and the building could remain for 40 years. He believes that the applicant is proposing a high quality building, and whatever moves into it in the future will be moving into a quality building. Councilmember Sandor stated that he understands that businesses are transient, but it is his understanding that there are a number of businesses that are being proposed or will be proposed in the future, for areas of the City that the Council does not necessarily want those types of businesses to be located in. He stated that we need to be more proactive and selective of the types of businesses allowed. He pointed out that within a one mile radius of these two auto parts stores, there are at least four other similar stores. He questioned how many auto parts stores were needed in the area for competition purposes. He agrees that the Council should consider the quality of the building when evaluating a proposal, but believes that the uses are as important. He stated that the Council has to decide how Elgin will look in the future by taking careful consideration of what businesses it allows now in certain areas. FEBRUARY 28, 2007 VOLUME LXXII 129 Councilmember Walters suggested that during the upcoming retreat in spring the Council should discuss permitted uses in area business districts and revise the ordinances so that the Council will not be forced to approve another project. Mayor Schock commented that the only people at fault are the Council. He stated that zoning exists to protect and to guide property owners, and to protect the City. If the Council does not like the zoning that was established for the property, it was within their power at any time prior to this to change it. He stated that this is not the petitioner’s fault or the property owners’ fault, and the Council has to take responsibility for this situation. He also pointed out that once the zoning has been established per the Council’s wishes, they cannot change the rules on the potential developers and property owners who rely on the zoning to make decisions regarding the property in question. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Walters, and Mayor Schock. Nays: Councilmember Sandor. Ordinance No. G14-07 ORDINANCE AMENDING ORDINANCE G69-98 RECLASSIFYING PROPERTY IN THE PAB PLANNED AREA BUSINESS DISTRICT (860 Summit Street) WHEREAS, written application has been made to reclassify said property in the PAB Planned Area Business District; and WHEREAS, the Planning and Development Commission has conducted a public hearing concerning said application and has submitted its written findings and recommendation; and WHEREAS, the City Council has reviewed the findings and recommendation of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020 entitled “Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the ‘Zoning District Map’, as amended, be and are hereby altered by including In the PAB Planned Area Business District, the following described property: THAT PART OF THE SOUTH 1/2 OF THE GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: VOLUME LXXII FEBRUARY 28, 2007 130 COMMENCING AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE- NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 01 DEGREES, 42 MINUTES, 37 SECONDS, EAST MEASURED (NORTH 02 DEGREES, 00 MINUTES EAST RECORD) ON THE LINE BETWEEN THE LANDS OF STARRETT AND WALBAUM, 1322.0 FEET TO A POINT 25.0 SOUTH OF THE NORTH LINE OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SAID SECTION 7, FOR A POINT OF BEGINNING; THENCE SOUTH 88 DEGREES, 00 MINUTES WEST, PARALLEL WITH AND 25.0 FEET SOUTH OF THE NORTH LINE, 252.82 FEET; THENCE SOUTH 01 DEGREES, 42 MINUTES 27 SECONDS EAST MEASURED (SOUTH 02 DEGREES, 00 MINUTES WEST RECORD) 654.5 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF EVANSTON HIGHWAY (STATE ROUTE 58); THENCE SOUTH 89 DEGREES, 24 MINUTES, 02 SECONDS EAST MEASURED (SOUTH 89 DEGREES, 39 MINUTES EAST RECORD) ALONG SAID NORTHERLY RIGHT OF WAY LINE, 397.65 FEET; THENCE NORTH 01 DEGREES, 42 MINUTES, 37 SECONDS EAST, 245.58 FEET; THENCE NORTH 23 DEGREES, 30 MINUTES 15 SECONDS WEST, A DISTANCE OF 17.60 FEET; THENCE NORTH 01 DEGREES, 42 MINUTES, 37 SECONDS EAST, A DISTANCE OF 410.59 FEET, TO A POINT IN A LINE PARALLEL WITH AND 25.0 FEET SOUTH OF THE NORTH LINE OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SAID SECTION 7; THENCE SOUTH 88 DEGREES, 00 MINUTES WEST ALONG SAID LINE, 138.08 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, IN COOK COUNTY, ILLINOIS, AND THAT PART OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 01 DEGREES, 42 MINUTES, 37 SECONDS EAST MEASURED (NORTH 02 DEGREES, 00 MINUTES EAST RECORD ON THE LINE BETWEEN THE LANDS OF STARRETT AND WALBAUM, 1322.0 FEET TO A POINT 25.0 FEET SOUTH OF THE NORTH LINE OF THE SOUTH 1/2 OF GOVERNMENT LOT 1 OF THE SOUTHWEST 1/4 OF SAID SECTION 7, FOR A POINT OF BEGINNING; THENCE NORTH 88 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG A LINE OF 25.0 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SOUTH 1/2 OF THE GOVERNMENT LOT 1, A DISTANCE OF 138.08 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES, 00 MINUTES, 00 SECONDS EAST ALONG SAID PARALLEL LINE, A DISTANCE OF 263.00 FEET; THENCE SOUTH 01 DEGREES, 42 MINUTES, 37 SECONDS WEST, A DISTANCE OF 683.16 FEET, MEASURED 681.3 FEET, RECORD) FEBRUARY 28, 2007 VOLUME LXXII 131 TO THE NORTHERLY RIGHT OF WAY LINE OF THE EVANSTON-ELGIN HIGHWAY (STATE ROUTE 58); THENCE NORTH 89 DEGREES, 24 MINUTES, 02 SECONDS WEST, MEASURED (NORTH 89 DEGREES, 39 MINUTES, 00 SECONDS WEST, RECORD), A DISTANCE OF 255.00 FEET; THENCE NORTH 01 DEGREES, 42 MINUTES, 37 SECONDS EAST, A DISTANCE OF 245.58 FEET; THENCE NORTH 23 DEGREES, 30 MINUTES, 15 SECONDS WEST A DISTANCE OF 17.60 FEET; THENCE NORTH 01 DEGREES, 42 MINUTES, 37 SECONDS EAST, A DISTANCE OF 410.59 FEET TO THE POINT OF BEGINNING, ALL IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS, AND LOT 9 AND THAT PART OF LOT 8 LYING NORTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE WEST LINE OF SAID LOT 8 A DISTANCE OF 160.37 FEET NORTH OF THE SOUTHWEST CORNER THEREOF (AS MEASURED ALONG SAID WEST LINE), AND TERMINATING AT A POINT IN THE EAST LINE OF SAID LOT 8, A DISTANCE OF 159.75 FEET NORTH OF THE SOUTHEAST CORNER THEREOF (AS MEASURED ALONG SAID EAST LINE) IN HIGHFIELD PLACE SUBDIVISION, BEING A SUBDIVISION OF THE SOUTHWEST ¼ OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 17, 1980, AS DOCUMENT NUMBER 25393343 AND AS AMENDED JANUARY 2, 1991 AS CONTAINED 25723114 IN COOK COUNTY, ILLINOIS (COMMONLY KNOWN AS 860 SUMMIT STREET). Section 2. That the City Council of the City of Elgin hereby grants the reclassification in the PAB Planned Area Business District at 860 Summit Street in accordance with the following provisions: A. Purpose and Intent. The purpose of this PAB Planned Area Business District is to provide grocery supermarket, medical office facilities and motor vehicle parts supply stores to the community and region. A PAB zoning district is most similar to, but departs from the standard requirements of the AB zoning district. B. Supplementary Regulations. Any word or phrase Contained herein, followed by the symbol “(SR)”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, as amended. VOLUME LXXII FEBRUARY 28, 2007 132 D. Zoning Districts - Generally. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, as amended. E. Land Use. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 Land Use, of the Elgin Municipal Code, as amended. The following enumerated “land uses” (SR) shall be the only land uses allowed as a “permitted use” (SR) in this PAB district: 1. The enumerated land uses listed as permitted uses under Section 19.35.430 (A) Permitted Uses in the AB Area Business District, and 2. Package Liquor Sales Establishments (SR) (5921) F. Site Design. In this PAB zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Municipal Code, as amended, except as may be otherwise provided in this section. In this PAB zoning district, site design for a zoning lot, lot area, lot width, setbacks, accessory structures and buildings, yards, landscape yards, floor area, and building coverage shall be in substantial conformance to the following: 1. Site Plan and Building Elevation for Dominick’s Food Store (Sheets SP-1 Site Plan (08/04/98), PE-1 Preliminary Engineering Plan (08/04/98), & E1A Photometric Site Plan (08/05/98)) prepared by Compass Consulting Group, Ltd.; and South and East Building Elevations, and Dominick’s Store #178 Color Key Board, prepared by Dominick’s. 2. Landscape Plan for Dominick’s Food Store (Sheets LP-1 Landscape Construction Plan (08/03/98) & LP-2 Planting Details (07/21/98) prepared by Allen L. Kracower and Associates, Inc. and Compass Consulting Group, Ltd. The following conditions shall apply to the site design requirements of the motor vehicle parts supply store. 1. Substantial conformance to the Statement of Purpose and Conformance submitted by DAP Investments, dated November 9, 2006. 2. Substantial conformance to the Site Plan, Sheet No. SP-1.0, prepared by Ridgeland Associates, Inc. dated August 25, 2006, and last revised on November 6, 2006. 3. Substantial conformance to the landscape plans, Sheets No. L-1.0, L-1.1, L-1.2 and L-1.3, prepared by Ridgeland Associates, Inc. dated August 25, 2006, and last revised on November 5, 2006. 4. Substantial conformance to the exterior elevation drawings, Sheet No. A- 2.0, prepared by Ridgeland Associates, Inc. dated August 25, 2006, and last revised on November 6, 2006. 5. Substantial conformance to the site lighting plans, Sheet No. SL-1.0, prepared by Ridgeland Associates, Inc. dated August 25, 2006, and last revised on November 6, 2006. FEBRUARY 28, 2007 VOLUME LXXII 133 6. Substantial conformance to the proposed exterior signage drawings, prepared by Huron Sign Company, dated October 17, 2006, and last revised on November 1, 2006. 7. Compliance with all other applicable codes and ordinances. G. Off Street Parking. In this PAB zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as may be amended. H. Off Street Loading. In this PAB zoning district, off Street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the Elgin Municipal Code, as may be amended. I. Signs. In this PAB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, as may be amended, except as follows: Signs advertising the Dominick’s store shall be in substantial conformance with the following building and freestanding sign drawings prepared by Doyle General Sign Contractors: 1. Building Signs. “Dominick’s” (2), “Food”, “Drug” (07/13/98). 2. Building Signs. “Fresh Store” (06/22/98). 3. Building Signs. “First Chicago” (07/17/98). 4. Freestanding Signs. “Dominick’s” on Summit (07/29/98). 5. Freestanding Signs. “Dominick’s” on Waverly (07/29/98). All existing lawful non-conforming signs advertising tenants in the medical buildings shall be brought into conformance with in conformance with Chapter 19.50, Signs, of the Elgin Municipal Code, as may be amended. J. Nonconforming Uses and Structures. In this PAB zoning district, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52, Nonconforming Uses and Structures, of the Elgin Municipal Code, as may be amended. K. Planned Developments. This PAB zoning district shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, as may be amended. L. Conditional Uses. In this PAB zoning district, conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, as may be amended. M. Variations. Any of the requirements of this ordinance may be varied, subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may VOLUME LXXII FEBRUARY 28, 2007 134 be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PAB zoning district and without necessitating that all other property owners authorize such an application. N. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provision of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, as may be amended. Section 3. That this ordinance shall rescind Ordinance G69-98 in its entirety and be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Passed: February 28, 2007 Vote: Yeas: 6 Nays: 1 Recorded: March 1, 2007 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Sandor made a motion, seconded by Councilmember Figueroa, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters and Mayor Schock. Nays: None. PAYEE AMOUNT REASON S.T.A.T.E. Testing East Dundee, IL $14,197.63 Lab Testing for Street Resurfacing Program Accurate Piano Service Elgin, IL $10,000 Reimbursement of Donation of Piano for Arts Showcase City of Elgin Elgin, IL $16,772.50 City Room and IBL Basketball Rentals Pinner Electric LaGrange, IL $21,170.78 Repairs and additional charges to traffic signal CBD Project FEBRUARY 28, 2007 VOLUME LXXII 135 CONSENT AGENDA By unanimous consent, Councilmember Walters made a motion, seconded by Councilmember Rodgers, to pass Ordinance No. T1-07 and adopt Resolution Nos. 07-40 through 07-64 (except 07-63 adopted above) by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Rodgers, Sandor, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-40 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH ART FOR ALL 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-40 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH ART FOR ALL 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 Art for All for a $706.00 grant for general operating support pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXII FEBRUARY 28, 2007 136 RESOLUTION 07-41 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH BALLET FOLKLORICO HUEHUECOYTL 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-41 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH BALLET FOLKLORICO HUEHUEYCOYTL 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 Ballet Folklorico Huehueycoytl for a $6,440 grant for dance performances pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-42 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH ELGIN CHILDREN'S CHORUS 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, Walters, and Mayor Schock. Nays: None. FEBRUARY 28, 2007 VOLUME LXXII 137 Resolution No. 07-42 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH ELGIN CHILDREN'S CHORUS 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 Elgin Children's Chorus for a $6,720 grant for a performance of "American Revue" pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-43 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH ELGIN CHORAL UNION 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-43 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH ELGIN CHORAL UNION 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 Elgin Choral Union for a $6,240 grant for a Hiawatha concert pursuant to the Cultural VOLUME LXXII FEBRUARY 28, 2007 138 Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-44 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH ELGIN OPERA 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-44 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH ELGIN OPERA 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 Elgin OPERA for a $6,160 grant for three performances of Madame Butterfly pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor FEBRUARY 28, 2007 VOLUME LXXII 139 Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-45 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH ELGIN YOUTH SYMPHONY ORCHESTRA 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-45 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH ELGIN YOUTH SYMPHONY ORCHESTRA 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 Elgin Youth Symphony Orchestra for a $6,790 grant for four performances of "Gnarly Buttons" pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXII FEBRUARY 28, 2007 140 RESOLUTION 07-46 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH FOX VALLEY THEATRE COMPANY 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-46 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH FOX VALLEY THEATRE COMPANY 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 Fox Valley Theatre Company for a $5,740 grant for performances of "American Spirit" pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-47 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH HEARTLAND VOICES 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, Walters, and Mayor Schock. Nays: None. FEBRUARY 28, 2007 VOLUME LXXII 141 Resolution No. 07-47 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH HEARTLAND VOICES 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 Heartland Voices for a $4,725 grant for a "Home is Where the Heart is" concert pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-48 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH INDEPENDENT PLAYERS 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-48 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH INDEPENDENT PLAYERS 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 Independent Players for a $3,710 grant for general operating support pursuant to the VOLUME LXXII FEBRUARY 28, 2007 142 Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-49 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH JANUS THEATRE 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-49 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH JANUS THEATRE 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 Janus Theatre for a $4,090 grant for the performance of "Measure for Measure" pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor FEBRUARY 28, 2007 VOLUME LXXII 143 Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-50 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH RIVERSIDE CHORUS 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-50 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH RIVERSIDE CHORUS 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 Riverside Chorus for a $1,238.00 grant for general operating support pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXII FEBRUARY 28, 2007 144 RESOLUTION 07-51 ADOPTED AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH SPEBSQSA (BARBERSHOP QUARTET) 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-51 RESOLUTION AUTHORIZING EXECUTION OF A CULTURAL ARTS COMMISSION GRANT AGREEMENT WITH SPEBSQSA (Barbershop Quartet) 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 SPEBSQSA (Barbershop Quartet) for a $3,400 grant for general operating support pursuant to the Cultural Arts Commission Arts and Culture Grants Program, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-52 ADOPTED AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR PHASE III OF THE FOX RIVER WATERSHED INVESTIGATION 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, Walters, and Mayor Schock. Nays: None. FEBRUARY 28, 2007 VOLUME LXXII 145 Resolution No. 07-52 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AGREEMENT WITH THE FOX RIVER STUDY GROUP FOR PHASE III OF THE FOX RIVER WATERSHED 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 is hereby authorized and directed to execute a grant agreement with the Fox River Study Group for Phase III of the Fox River Watershed Investigation a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-53 ADOPTED AUTHORIZING EXECUTION OF AN E-ELGIN INCENTIVE AGREEMENT WITH BURNIDGE CASSELL ASSOCIATES (25 S. GROVE AVENUE) 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-53 RESOLUTION AUTHORIZING EXECUTION OF AN E-ELGIN INCENTIVE AGREEMENT WITH BURNIDGE CASSELL ASSOCIATES (25 S. Grove Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an e-Elgin Incentive Agreement on behalf of the City of Elgin VOLUME LXXII FEBRUARY 28, 2007 146 with Burnidge Cassell Associates for the property located at 25 S. Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-54 ADOPTED APPROVING LOAN UNDER THE SPECIAL BUSINESS LOAN PROGRAM FOR BUILDING IMPROVEMENTS IN ELGIN CENTER CITY (25 S. GROVE AVENUE) 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-54 RESOLUTION APPROVING LOAN UNDER THE SPECIAL BUSINESS LOAN PROGRAM FOR BUILDING IMPROVEMENTS IN ELGIN CENTER CITY (25 S. Grove Avenue) WHEREAS, the City of Elgin and certain banks and savings and loan institutions have established a special business loan program for building improvement in Center City Elgin for revitalization purposes; and WHEREAS, Burnidge Cassell Associates Inc. has submitted an application to First Community Bank for a loan under the special business loan program; and WHEREAS, First Community Bank has approved this loan under the special business loan program; and WHEREAS, the loan is for the improvement of a type of business located in an area of the Center City of Elgin which meets the eligibility requirements of the special business loan program; and FEBRUARY 28, 2007 VOLUME LXXII 147 WHEREAS, the loan application meets the general requirements concerning type of financing, contractor bids of the special loan program; and WHEREAS, the loan applicants meet the qualifying standards as set out in the special business loan program; and WHEREAS, it is determined that funds are available for the loan, the development plans are compatible with the Center City development plans, and the application is in adherence to the objectives and regulations of the program. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Dolonna Mecum, City Clerk, are hereby authorized to approve and execute the special business loan agreement with Burnidge Cassell and Associates, Inc., a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-55 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUND ASSISTANCE 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-55 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE KANE COUNTY CHILD ADVOCACY CENTER FOR FUNDING ASSISTANCE 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 the Kane County Child Advocacy Center through the Kane County State’s Attorney for funding assistance VOLUME LXXII FEBRUARY 28, 2007 148 for the investigation of incidents of child abuse and juvenile sexual abuse, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-56 ADOPTED AUTHORIZING EXECUTION OF LICENSE AGREEMENT #011107 WITH IOWA, CHICAGO AND EASTERN RAILROAD CORPORATION REGARDING CONSTRUCTION OF A 20 INCH SANITARY SEWER LINE IN THE PINGREE CREEK DEVELOPMENT 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-56 RESOLUTION AUTHORIZING EXECUTION OF LICENSE AGREEMENT #011107 WITH IOWA, CHICAGO AND EASTERN RAILROAD CORPORATION REGARDING CONSTRUCTION OF A 20 INCH SANITARY SEWER LINE IN THE PINGREE CREEK DEVELOPMENT 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 License Agreement with Iowa, Chicago and Eastern Railroad Corporation on behalf of the City of Elgin in connection with the crossing of railroad tracks for construction of a 20 inch sanitary sewer in the Pingree Creek Development, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor FEBRUARY 28, 2007 VOLUME LXXII 149 Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-57 ADOPTED AUTHORIZING EXECUTION OF LICENSE AGREEMENT #011207 WITH IOWA, CHICAGO AND EASTERN RAILROAD CORPORATION REGARDING CONSTRUCTION OF A 16 INCH WATER LINE IN THE PINGREE CREEK DEVELOPMENT 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-57 RESOLUTION AUTHORIZING EXECUTION OF LICENSE AGREEMENT #011207 WITH IOWA, CHICAGO AND EASTERN RAILROAD CORPORATION REGARDING CONSTRUCTION OF A 16 INCH WATER LINE IN THE PINGREE CREEK DEVELOPMENT 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 License Agreement with Iowa, Chicago and Eastern Railroad Corporation on behalf of the City of Elgin in connection with the crossing of railroad tracks for construction of a 16 inch water line in the Pingree Creek Development, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXII FEBRUARY 28, 2007 150 RESOLUTION 07-58 ADOPTED AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE REGARDING COST PARTICIPATION IN A FEASIBILITY STUDY FOR THE RANDALL ROAD AND U.S. ROUTE 20 INTERCHANGE 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-58 RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE REGARDING COST PARTICIPATION IN A FEASIBILITY STUDY FOR THE RANDALL ROAD AND U.S. ROUTE 20 INTERCHANGE 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 County of Kane regarding cost participation in a feasibility study for the Randall Road and U.S. Route 20 interchange, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-59 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE MUTUAL AID BOX ALARM SYSTEM, DIVISION TWO (MABAS II) 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, Walters, and Mayor Schock. Nays: None. FEBRUARY 28, 2007 VOLUME LXXII 151 Resolution No. 07-59 RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT WITH THE MUTUAL AID BOX ALARM SYSTEM, DIVISION TWO (MABAS II) 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 Mutual Aid Box Alarm System, Division Two (MABAS II) to designate the City of Elgin Emergency Communications Center as the back-up dispatch center for MABAS II, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-60 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT TO THE ENGINEERING SERVICES AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR THE CONTINENTAL ON THE FOX/ELGIN SHORES PROJECT 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-60 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT TO THE ENGINEERING SERVICES AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR THE CONTINENTAL ON THE FOX/ELGIN SHORES 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 a First Amendment Agreement to the engineering services VOLUME LXXII FEBRUARY 28, 2007 152 agreement with Christopher B. Burke Engineering, Ltd. for the Continental on the Fox/Elgin Shores Project, copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-61 ADOPTED AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT TO THE ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS CORPORATION FOR THE CENTRAL BUSINESS DISTRICT STREETSCAPE PROJECT 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-61 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT TO THE ENGINEERING SERVICES AGREEMENT WITH TRANSYSTEMS CORPORATION FOR THE CENTRAL BUSINESS DISTRICT STREETSCAPE 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 a First Amendment Agreement to the engineering services agreement with TranSystems Corporation for the Central Business District Streetscape Project, copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor FEBRUARY 28, 2007 VOLUME LXXII 153 Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk RESOLUTION 07-62 ADOPTED AUTHORIZING EXECUTION OF A STRAY ANIMAL AGREEMENT WITH ANDERSON ANIMAL SHELTER 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-62 RESOLUTION AUTHORIZING EXECUTION OF A STRAY ANIMAL AGREEMENT WITH THE ANDERSON ANIMAL SHELTER 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 Stray Animal Agreement on behalf of the City of Elgin with the Anderson Animal Shelter for the sheltering of stray animals, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk VOLUME LXXII FEBRUARY 28, 2007 154 ORDINANCE T1-07 PASSED REPEALING ORDINANCE NO. G10-07 ENTITLED "AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (CAPITAL CORPORATE CENTER - 2451 MASON ROAD)" Councilmember Walters made a motion, seconded by Councilmember Rodgers, 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. T1-07 AN ORDINANCE REPEALING ORDINANCE NO. G10-07 ENTITLED “AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (Capital Corporate Center-2451 Mason Road)" BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. G10-07 passed February 14, 2007, entitled “An Ordinance Classifying Newly Annexed Territory in the PORI Planned Office Research Industrial District (Capital Corporate Center-2451 Mason Road)" having been prematurely adopted be and is hereby repealed. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Passed: February 28, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: March 1, 2007 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk FEBRUARY 28, 2007 VOLUME LXXII 155 RESOLUTION 07-64 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA 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, Walters, and Mayor Schock. Nays: None. Resolution No. 07-64 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE ELGIN SYMPHONY ORCHESTRA 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 Elgin Symphony Orchestra for youth programming and general operational support, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: February 28, 2007 Adopted: February 28, 2007 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. Civil Service Commission Meeting Minutes for August 7, 2006 Fire and Police Commissioners Board Meeting Minutes for August 31, 2006 Image Advisory Commission Meeting Minutes for June 26, 2006 and November 27, 2006 Liquor Control Commission Meeting Minutes for January 10, 2007 Parks and Recreation Advisory Board Meeting Minutes for November 28, 2006 Committee of the Whole Minutes for January 24, 2007 City Council Minutes for January 24, 2007 Disbursement Report VOLUME LXXII FEBRUARY 28, 2007 156 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Sandor made a motion, seconded by Councilmember Rodgers, 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 7:50 p.m. s/Jennifer Quinton March 14, 2007 Jennifer Quinton, Deputy City Clerk Date Approved