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HomeMy WebLinkAbouts - October 10, 2007 CC709 OCTOBER 10, 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 October 10, 2007, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:02 p.m. The Invocation was given by Ms. Ina Dews and the Pledge of Allegiance was led by Pack 2 Wolves of St. John’s Lutheran Church. ROLL CALL Roll call was answered by Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters and Mayor Schock. Absent: None. MINUTES OF THE SEPTEMBER 26, 2007, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve the September 26, 2007, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. COMMUNICATIONS Presentation by YWCA Youth Program Tom Anderson, Youth Services Director of the YWCA, thanked the Council for their support of the recent walk to raise funds for the YWCA Youth Services program. He also invited the Council to attend the Art Show for Peace on October 18. Members of the Teen REACH handed out invitations to the Council. A video on the Teen REACH program, produced by the kids, was shown to the Council. Recognition of Special Olympics Athletes Mayor Schock recognized the Special Olympics athletes and coaches who recently were awarded gold medals at the regional competition in Rockford and read a proclamation in their honor. Mayor Schock acknowledged the passing of George Albee and offered condolences to his family. Mr. Albee served as the current chair of the Heritage Commission and was a member of the Elgin Genealogical Society and the Elgin Historic Society. VOLUME LXXII OCTOBER 10, 2007 710 RECOGNIZE PERSONS PRESENT Joe Evers & John Loete, of the City of Elgin, summarized the history of the flooding at Preston and Cooper. The storm sewer has been televised and the sanitary sewer has been smoke-tested. Staff will be meeting with the consultant who did some research on this area in the late ‘90s and he will be asked to assist with the two problems: an overload on the storm sewer system and clear water getting into the sanitary sewer. Mary Shesgreen and Ed Herdrich of Fox Valley Citizens for Peace and Justice expressed their concerns about the Iraq war and requested that the Council pass a resolution urging the cessation of U.S. combat operations in Iraq. Dan Miller expressed his appreciation for the Council’s support of neighborhood and “old house” living. He then voiced his concerns regarding whether there will be enough parking for the Channing Y residential project. John Collins voiced his concerns regarding past repairs of the sanitary and storm sewers in the Preston and Cooper area. BID 07-105 AWARDED TO SHALES MCNUTT TO PERFORM THE RENOVATIONS AT THE COMMUNITY CRISIS CENTER Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve a contract with Shales McNutt in the amount of $115,695 to perform renovations at the Community Crisis Center. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-107 AWARDED TO BONNELL INDUSTRIES FOR THE PURCHASE OF ONE 2007 DURAPATCHER ASPHALT SPRAY PATCHER MOUNTED ON A 2008 GMC CHASSIS FOR THE STREET DIVISION OF PUBLIC WORKS Councilmember Figueroa made a motion, seconded by Councilmember Walters, to award a contract to Bonnell Industries in the amount of $152,800 for one 2007 Durapatcher asphalt spray patcher mounted on a 2008 GMC chassis for the Street Division of the Public Works Department. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. BID 07-108 AWARDED TO AIR ONE EQUIPMENT, INC. FOR THE PURCHASE OF 70 SELF CONTAINED BREATHING APPARATUSES WITH ASSOCIATED EQUIPMENT Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve a contract to Air One Equipment, Inc. in the amount of $383,250 for the purchase of 70 Self OCTOBER 10, 2007 VOLUME LXXII 711 Contained Breathing Apparatuses with associated equipment. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. CONTRACT AWARDED TO JOHN DEERE USING THE ILLINOIS ASSOCIATION OF COUNTY BOARD MEMBER AND COMMISSIONERS JOINT PURCHASING CONTRACT # 06-LT00777 FOR THE PURCHASE OF A TRACTOR FOR USE AT THE ELGIN SPORTS COMPLEX AND CITY SKATE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to approve the contract with John Deere using the Illinois Association of County Board Member and Commissioners Joint Purchasing Contract #06-LT00777 in the amount of $11,467 for the purchase of a tractor for use at the Elgin Sports Complex and City Skate. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PETITION 51-07 APPROVED REQUESTING A CONDITIONAL USE IN THE AB AREA BUSINESS DISTRICT, TO PERMIT THE ESTABLISHMENT OF A CHURCH; PROPERTY LOCATED AT 1555-1557 WEATHERSTONE LANE, BY PENTECOSTAL MISSIONARY CHURCH OF CHRIST, 4TH WATCH, AS APPLICANT, AND JOSEPH F. FERSTL, AS OWNER Assistant Community Development Director Matt Fitzgibbons presented Petition 51-07. The Zoning and Sub-division Board approved the petition in a 5-0 vote. The Community Development group recommends approval of Petition 51-07 subject to conditions. Councilmember Walters made a motion, seconded by Councilmember Gilliam, to approve Petition 51-07 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING A SECOND AMENDMENT TO AN ANNEXATION AGREEMENT, AN AMENDMENT TO AMENDED PCF PLANNED COMMUNITY FACILITY ORDINANCE NO. G95-05 AND TO PNB PLANNED NEIGHBORHOOD BUSINESS ORDINANCE NO. G5-05, AND A REZONING TO PAB PLANNED AREA BUSINESS DISTRICT, TO PERMIT THE CONSTRUCTION OF A COMMERCIAL/RESIDENTIAL BUILDING IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 3300 ENCOUNTER LANE AND 3170 ROUTE 20, BY WEST RIDGE COMMUNITY CHRISTIAN CHURCH, AS APPLICANT, AND WEST RIDGE COMMUNITY CHRISTIAN CHURCH, LENNAR COMMUNITIES OF CHICAGO, LLC AND GREGORY J. LIESER, AS OWNERS (PETITION 57-07) Mayor Schock declared the public hearing open. VOLUME LXXII OCTOBER 10, 2007 712 Assistant Community Development Director Fitzgibbons outlined Petition 57-07 which proposes an additional three-story building that will have the first and second floors for commercial use and the third floor to include three dwelling units. The Planning and Development Commission voted 4-0 for approval with conditions. Condition #8 states that ownership of the three dwelling units would be retained by the developer and be used by the church. The developer has since asked to have this removed so they have more flexibility with the units. It is staff’s recommendation to approve the petition with all conditions. If it is the desire of the Council to approve the petition excluding Condition #8, then staff is requesting that the issues regarding parking, the common areas, and the homeowners/business association interaction be resolved. Darien Slonniger, one of the pastors at West Ridge Community Church, thanked the Council and staff for their cooperation with this project and gave a presentation on the project. Councilmember Walters asked what the retained ownership condition would do in terms of the City’s position. Assistant Community Development Director Fitzgibbons replied that if the Council chose to modify Condition #8, then the issues regarding the floor plans and the owners’ associations need to be resolved. No one else chose to speak, and Mayor Schock declared the public hearing closed. PETITION 57-07 APPROVED REQUESTING A SECOND AMENDMENT TO AN ANNEXATION AGREEMENT, AN AMENDMENT TO AMENDED PCF PLANNED COMMUNITY FACILITY ORDINANCE NO. G95-05 AND TO PNB PLANNED NEIGHBORHOOD BUSINESS ORDINANCE NO. G5-05, AND A REZONING TO PAB PLANNED AREA BUSINESS DISTRICT, TO PERMIT THE CONSTRUCTION OF A COMMERCIAL/RESIDENTIAL BUILDING IN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; PROPERTY LOCATED AT 3300 ENCOUNTER LANE AND 3170 ROUTE 20, BY WEST RIDGE COMMUNITY CHRISTIAN CHURCH, AS APPLICANT, AND WEST RIDGE COMMUNITY CHRISTIAN CHURCH, LENNAR COMMUNITIES OF CHICAGO, LLC AND GREGORY J. LIESER, AS OWNERS Councilmember Walters made a motion, seconded by Councilmember Figueroa, to approve Petition 57-07 subject to conditions and with a modified Condition #8 that includes the removal of the condition that the dwelling units be occupied by church employees and the comments made by Assistant Community Development Director Fitzgibbons and agreed to by the Petitioner. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-252 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAND AND WATER RESOURCES, INC. FOR THE PURCHASE OF WETLANDS CREDITS FOR ELGIN SHORES FOREST PRESERVE Councilmember Walters made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. OCTOBER 10, 2007 VOLUME LXXII 713 Resolution No. 07-252 tkb RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LAND AND WATER RESOURCES, INC. (Elgin Shores Improvements) 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 a lease agreement on behalf of the City of Elgin with Land and Water Resources, Inc. for the purchase of wetlands credits at the Elgin Shores Forest Preserve, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 10, 2007 Adopted: October 10, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-251 ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH TURN-KEY NETWORK SOLUTIONS, INC. FOR INSTALLATION OF FIBER OPTIC CABLE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-251 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH TURN-KEY NETWORK SOLUTIONS, INC. FOR INSTALLATION OF FIBER OPTIC CABLE WHEREAS, the City of Elgin has heretofore entered into a contract with Turn-Key Network Solutions, Inc. for installation of fiber optic cable; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. VOLUME LXXII OCTOBER 10, 2007 714 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 10, 2007 Adopted: October 10, 2007 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Figueroa made a motion, seconded by Councilmember Powers, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Stanley Consultants Chicago, IL $10,889.18 Consulting Services for Stonebrook-Ryland Homes Badger Meter Milwaukee, WI $75,133.23 Water meter repairs throughout the City Allied Asphalt Paving Hoffman Estates, IL $91,630.00 Asphalt paving / patching material for in house operations National City Golf Finance Cleveland, OH $12,044.00 July Lease for Highlands Golf Course Baxter & Woodman Crystal Lake, IL $10,296.18 Consulting Services for Highland Woods and Randall Rose Subdivisions, storm water, wetland impacts, soil erosion, and sediment control measures August 2007 OCTOBER 10, 2007 VOLUME LXXII 715 CONSENT AGENDA By unanimous consent, Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass Ordinance Nos. G57-07, G58-07, and T35-07 and adopt Resolution Nos. 07- 244 through 07-250 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. RESOLUTION 07-244 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH GEOGRAPHIC TECHNOLOGIES GROUP FOR THE PURCHASE OF HTE LAND MANAGEMENT DATABASE CLEANUP Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-244 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GEOGRAPHIC TECHNOLOGIES GROUP FOR THE PURCHASE OF HTE LAND MANAGEMENT DATABASE CLEANUP BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Geographic Technologies Group for the purchase of HTE Land management database cleanup, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 10, 2007 Adopted: October 10, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXII OCTOBER 10, 2007 716 RESOLUTION 07-245 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE CHILDREN’S THEATRE OF ELGIN Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-245 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE CHILDREN’S THEATRE OF ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, 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 Children’s Theatre of Elgin for productions of "Aladdin" on October 25, 26, 27 and 28, 2007 and "Placing Out" on April 10, 11, 12 and 13, 2008, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 10, 2007 Adopted: October 10, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-246 ADOPTED ADOPTING AND AUTHORIZING EXECUTION OF THE CITY OF ELGIN RETIREE HEALTH INSURANCE TRUST AGREEMENT Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. OCTOBER 10, 2007 VOLUME LXXII 717 Resolution No. 07-246 RESOLUTION ADOPTING AND AUTHORIZING EXECUTION OF THE CITY OF ELGIN RETIREE HEALTH INSURANCE TRUST AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin Retiree Health Insurance Trust Agreement is hereby adopted and approved by the City Council. BE IT FURTHER RESOLVED that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute the trust agreement, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 10, 2007 Adopted: October 10, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-247 ADOPTED ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN PRINCETON WEST SUBDIVISION Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-247 RESOLUTION ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN PRINCETON WEST SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for maintenance the public improvements, which include VOLUME LXXII OCTOBER 10, 2007 718 water main, storm sewer, sanitary sewer, streets, sidewalks and lights in the Princeton West Subdivision. s/ Ed Schock Ed Schock, Mayor Presented: October 10, 2007 Adopted: October 10, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G57-07 PASSED GRANTING A CONDITIONAL USE FOR THE ESTABLISHMENT OF A CHURCH IN THE PRB PLANNED RESIDENTIAL BUSINESS DISTRICT (1210 HUNTER DRIVE) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G57-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR THE ESTABLISHMENT OF A CHURCH IN THE PRB PLANNED RESIDENTIAL BUSINESS DISTRICT (1210 Hunter Drive) WHEREAS, written application has been made requesting conditional use approval for a church in the PRB Planned Residential Business District; 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: OCTOBER 10, 2007 VOLUME LXXII 719 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 5, 2007, 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 establishment of a church establishment in the PRB Planned Residence Business District at 1210 Hunter Drive and legally described as follows: Those Parts of the South East ¼ of the South East ¼ of Section 7, and the Northeast ¼ of the Northeast ¼ of Section 18, Township 41 North, Range 9, East of the Third Principal Meridian Lying Southerly of State Route 58, Northerly of Parkwood Unit No. 3 (as Recorded on November 15, 1976 as Document No. 23710265), Westerly of Hunter Drive (as Recorded in Document No. 22795963) and Easterly of a Line Commencing at a Point on the North Line of Parkwood Unit No. 3, 835.27 Feet West of the East Line of Section 7 and Running Thence Northerly to a Point on the South Right of Way Line of State Route 58, 830.89 Feet West of the East Line of Section 7, Said Parcel of Land More Particularly Bound and Described as Follows: Commencing at an Iron Pipe at the South East Corner of Said Section 7 and Running Thence North 02 Degrees 48 Minutes 32 Seconds West Along the East Line of Said Section 7, 390.90 Feet to the Southerly Right of Way Line of State Route 58; Thence South 86 Degrees 13 Minutes 27 Seconds West Along Said Southerly Right of Way Line 618.33 Feet to the Westerly Right of Way Line of Hunter Drive, as the Point of Beginning for the Tract to be Described; Thence Continuing South 86 Degrees 13 Minutes 27 Seconds West Along Said Southerly Right of Way Line 212.56 Feet; Thence South 02 Degrees 23 Minutes 20 Seconds East 425.34 Feet to a Point on the North Line of Parkwood Unit 3, Said Point Being 835.27 Feet West of the East Line of Section 7; Thence North 83 Degrees 53 Minutes 49 Seconds East Along Said North Line of Parkwood Unit 3, 214.88 Feet to the Westerly Right of Way Line of Hunter Drive, Said Point Being 620.39 Feet Westerly of the East Line of Section 7; Thence North 02 Degrees 39 Minutes 18 Seconds West Along the West Right of Way Line of Hunter Drive 416.07 Feet to the Point of Beginning in the City of Elgin, Cook County, Illinois (Property Commonly Known as 1210 Hunter Drive). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted by Scott Wallis, Senior Pastor of All Nations Worship Center, dated received July 26, 2007. 2. Substantial conformance with the Floor Plan, submitted by Scott Wallis, Senior Pastor of All Nations Worship Center, dated received July 26, 2007. VOLUME LXXII OCTOBER 10, 2007 720 3. In this PRB Planned Residence Business District, the use and development of land and structures must conform to Ordinance No. G1-01 and shall be in substantial conformance with the following documents: Preliminary Plan, prepared by the U.S. Shelter Group, dated October 2, 2000, with a final revision date of November 13, 2000. Elevation and Office Plan, submitted by the U.S. Shelter Group, and dated September 20, 2000. Landscape Plan, prepared by Countryside Landscape Architects and Contractors, and dated October 5, 2000. 1. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 2. Compliance with all 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/ Ed Schock Ed Schock, Mayor Presented: October 10, 2007 Passed: October 10, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 11, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk OCTOBER 10, 2007 VOLUME LXXII 721 ORDINANCE G58-07 PASSED GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE AB AREA BUSINESS DISTRICT (136 TYLER CREEK PLAZA 2) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. G58-07 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PACKAGE LIQUOR SALES ESTABLISHMENT IN THE AB AREA BUSINESS DISTRICT (136 Tyler Creek Plaza 2) WHEREAS, written application has been made requesting conditional use approval for a package liquor sales establishment in the AB Area Business District; 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 5. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 5, 2007, 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 6. That a conditional use to permit the establishment of a package liquor sales establishment in the AB Area Business District at 136 Tyler Creek Plaza 2 and legally described as follows: Lots 2, 3, and 4 in Tyler Creek Plaza Phase 2 Subdivision, Except that Part of Lots 2 and 3 in Tyler Creek Plaza Phase 2 Subdivision, Lying in Section3, Township 41 North, Range 8, East of The Third Principal Meridian Described As Follows: Beginning at the Southwest Corner of Said Lot 3 and Running Thence North 00 Degrees 53 Minutes 19 Seconds West Along the West Lint of Said Lot 3 and Said Lot 2, a Distance of 120.00 Feet; Thence North 89 Degrees 59 Minutes 18 Seconds East, Parallel to the South Line of Said Lot 3, a Distance of 150.00 Feet to the East Line of Said Lot 2; Thence South 00 Degrees 53 Minutes 19 Seconds East Parallel to the West Line of Said Lots 2 and 3, a Distance of 120.00 Feet To The South VOLUME LXXII OCTOBER 10, 2007 722 Line of Said Lot 3; Thence South 89 Degrees 59 Minutes 18 Seconds West, a Distance of 150.00 Feet to the Place of Beginning), All in the City of Elgin, Kane County, Illinois (Property Commonly Known as 136 Tyler Creek Plaza 2). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance, submitted with letter signed by Andy Patel, President of Durga, Inc., and d/b/a Mr. A’s Wine & Liquor Bin, dated received July 29, 2007. 2. Substantial conformance to the Floor Plan, submitted by Andy Patel, President of Durga, Inc., and d/b/a Mr. A’s Wine & Liquor Bin dated August 1, 2007. 3. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 4. Compliance with all applicable codes and ordinances. Section 7. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 8. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 10, 2007 Passed: October 10, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 11, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-248 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT (467 DIVISION STREET) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. OCTOBER 10, 2007 VOLUME LXXII 723 Resolution No. 07-248 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (467 Division Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, be and are hereby authorized and directed to execute a Real Estate Sales Contract on behalf of the City of Elgin with Rosalio and Elizabeth A. Aldana, for the purchase of property commonly known as 467 Division Street, Elgin, for $174,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 10, 2007 Adopted: October 10, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE T35-07 PASSED AMENDING ORDINANCE NO. T21-05 ESTABLISHING A VETERANS MEMORIAL PARK COMMITTEE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Ordinance No. T35-07 AN ORDINANCE AMENDING ORDINANCE NO. T21-05 ESTABLISHING A VETERANS MEMORIAL PARK COMMITTEE WHEREAS, the City of Elgin is a home rule unit pursuant to the Illinois Constitution; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function relating to its government and affairs; and VOLUME LXXII OCTOBER 10, 2007 724 WHEREAS, the City Council of the City of Elgin has determined that it is desirable to provide for a veterans memorial park; and WHEREAS, the City Council of the City of Elgin has further determined that it is necessary and desirable to create a new special advisory committee to assist and advise the City Council regarding the design and construction of such a veterans memorial park; and WHEREAS, on April 13, 2005, the City Council adopted Ordinance T17-05 establishing a veterans memorial park committee; and WHEREAS, on April 27, 2005, the City Council adopted Ordinance T21-05 which added an additional member to the membership of the committee with such additional member to be appointed from the public at large. WHEREAS, the City Council has determined that it is necessary and desirable to further amend Ordinance No. T21-05 by adding three additional city staff members as non-voting ex- officio members, one additional member from the public at large and one additional member who is a representative of the Gail Borden Public Library. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, Ordinance No. T21-05 adopted on April 27, 2005 be and is hereby revised to read as follows: Section 1. Veterans Memorial Park Committee Created. There is hereby created the Veterans Memorial Park Committee for the purpose of advising, assisting and recommending policies to the City Council regarding the design and construction of a veteran’s memorial park. Section 2. Membership. A. The Veterans Memorial Park Committee shall be composed of sixteen (16) members to be appointed by the City Council. Each member shall serve for an indefinite term. The City Council may at any time appoint successor members to the committee to replace then-current members or to fill vacancies. B. One member of the committee shall be a member of the City Council, one member shall be a city staff member, one member shall be a member of the Veterans of Foreign Wars, one member shall be member of the American Legion, one member shall be a member of the Am Vets, one member shall be a member of the Disabled American Veterans, one member shall be a member of the Marine Corp League, one member shall be a member of the Navy Club, one member shall be a member of Viet Now, three (3) members shall be appointed from the public at large, one member shall be a representative of the Gail Borden Public Library and three (3) members shall be city staff members serving as non- voting ex officio members. The members of the committee shall elect one of its members as chairman for a term of one (1) year subject to reelection. Section 3. Meetings. The members of the Veterans Memorial Park Committee shall meet as soon as practical and shall establish regular meeting dates which shall not be less than four times annually. The Veterans Memorial Park Committee may establish rules regarding the conduct of meetings and where not otherwise provided Robert's Rule of Order, Newly Revised, shall apply. Minutes shall be taken at all meetings. All meetings shall be conducted in accordance with the Open Meetings Act. OCTOBER 10, 2007 VOLUME LXXII 725 Section 4. Staff. The City Manager, from time to time, in his discretion, shall make available the service of the city's professional staff to aid and cooperate with the Veterans Memorial Park Committee in carrying out its responsibilities. Section 5. Powers and Duties. The Veterans Memorial Park Committee shall have the power and duty to evaluate and advise the City Council regarding all aspects of the study, design and construction of a proposed Veterans Memorial Park in the City including but not limited to: A. Meet with the city's consultants to assist the committee with developing recommendations to the City Council regarding the Veterans Memorial Park. B. Meet with the public regarding the proposed Veterans Memorial Park. C. Recommend to the City Council a proposed design for a Veterans Memorial Park. D. Enlist volunteers to aid the committee in formulating recommendations regarding the design and construction of the proposed Veterans Memorial Park. E. Solicit donations to be applied towards the design and construction of the proposed Veterans Memorial Park. F. Recommend to the City Council the application for grants to support the proposed Veterans Memorial Park. Section 6. Dissolution of Committee. The Veterans Memorial Park Committee shall automatically be dissolved upon the completion of the proposed Veterans Memorial Park and the opening of such a park to the members of the public unless the City Council takes further action to extend or recreate the committee. Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 8. 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 VOLUME LXXII OCTOBER 10, 2007 726 Presented: October 10, 2007 Passed: October 10, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 11, 2007 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 07-249 ADOPTED APPOINTING ADDITIONAL MEMBERS TO THE VETERANS MEMORIAL PARK COMMITTEE Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-249 RESOLUTION APPOINTING ADDITIONAL MEMBERS TO THE VETERANS MEMORIAL PARK COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following persons be and are hereby appointed as additional members of the Veterans Memorial Park Committee: Sue Olafson (non-voting ex-officio city staff member) Cherie Murphy (non-voting ex-officio city staff member) Mike Millikan (non-voting ex-officio city staff member) s/ Ed Schock Ed Schock, Mayor Presented: October 10, 2007 Adopted: October 10, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk OCTOBER 10, 2007 VOLUME LXXII 727 RESOLUTION 07-250 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. (ST. CHARLES STREET WATER MAIN REPLACEMENT) Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Resolution No. 07-250 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. (St. Charles Street Water Main Replacement) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Engineering Enterprises, Inc. for design engineering services for the St. Charles Street Water Main Replacement, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 10, 2007 Adopted: October 10, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Figueroa made a motion, seconded by Councilmember Gilliam, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. Hotel/Motel Tax for August 2007 City of Elgin Sales Tax for June 2007 The Centre Advisory Board Meeting Minutes for July 12, 2007 Elgin Cultural Arts Commission Minutes for July 9, 2007 and August 13, 2007 Elgin Emergency Telephone System Board Minutes for July 19, 2007 and August 16, 2007 Hemmens cultural Center Advisory Board Meeting Minutes for May 10, 2007 VOLUME LXXII OCTOBER 10, 2007 728 Parks and Recreation Advisory Board Meeting Minutes for April 24, 2007 and June 26, 2007 Planning & Development Commission Meeting Minutes for March 5, 2007 & April 16, 2007 Veterans Memorial Park Committee Minutes for July 17, 2007 Zoning and Subdivision Hearing Board Meeting Minutes for March 7, 2007 & June 20, 2007 Committee of the Whole Minutes for Special Meeting August 29, 2007, and for Regular Meeting September 12, 2007 City Council Minutes for September 12, 2007 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Figueroa, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Figueroa, Gilliam, Kaptain, Powers, Steffen, Walters, and Mayor Schock. Nays: None. The meeting adjourned at 8:03 p.m. s/Diane Robertson October 24, 2007 Diane Robertson, City Clerk Date Approved