Loading...
HomeMy WebLinkAboutt - October 28, 2009 CC691 VOLUME LXXIV OCTOBER 28, 2009 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 28, 2009, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:08 p.m. The Invocation was given by Reverend Jonathan Hutchison from the First United Methodist Church and the Pledge of Allegiance was led by Councilmember Rich Dunne. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE OCTOBER 14, 2009, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Gilliam made a motion, seconded by Councilmember Prigge, to approve the 2009, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. COMMUNICATIONS None RECOGNIZE PERSONS PRESENT Joe Revigas stated that he would like to see what the plans are in regards to a pit bull ban. He said that due to his work schedule it is difficult for him to keep coming to the Council meetings. He also mentioned that if the city were to enact a ban, he would have to consider leaving the city. Michelle Groeper, Director of Operations at Anderson Animal Shelter, read a letter outlining the shelter’s objections to a pit bull ban. She said the existing ordinances should be enforced and that Anderson is willing to partner with the city regarding this issue. Mary Metz stated she was against a pit bull ban and that responsible owners should not be punished. Amanda Insalaco said that she was against a pit bull ban or any breed-specific ban. She noted that irresponsible owners are the problem and that all dogs should be spayed and micro-chipped. OCTOBER 28, 2009 VOLUME LXXIV 692 John Collins spoke about leaf collection noting that tickets should be issued and cars towed to make collection easier. He suggested that the city get a polyblade for the snow plows. He said that the steel blades removing the striping from the streets and that the streets are wearing out because they are plowed so often. He also noted that the flood report does not address the sewer on his street. Doug Golubski expressed his concerns about a pit bull ban. He said it was the gang members that perpetuate the myths about pit bulls. He said that the dogs are being punished instead of the owners. Danielle Kerl stated that he is a pit bull owner and that they are amazing family pets. Lila Lahalik stated that she wanted the Council to know that she was in attendance and that she would be coming back to follow up on the pit bull ban issue. BID 09-059 AWARDED TO NORTHWEST FORD FOR THE PURCHASE OF ONE THREE-QUARTER TON PICKUP TRUCK EQUIPPED WITH A TANK SPRAY UNIT AND A PLOW Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve an agreement with Northwest Ford in the amount of $29,592 for the purchase of one three-quarter ton pickup truck equipped with a spray tank unit and a plow. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 09-062 AWARDED TO SUPERIOR ROAD STRIPING FOR THE 2009 THERMOPLASTIC PAVEMENT MARKING PROGRAM Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to approve an agreement with Superior Road Striping in the amount of $126,250 for the 2009 Thermoplastic Pavement Marking Program. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PUBLIC HEARING REGARDING A FOURTH AMENDMENT TO THE ANNEXATION AGREEMENT, AND AMENDMENTS TO THE PLANNED DISTRICT ORDINANCES TO PERMIT THE CONSTRUCTION OF BALCONIES OPEN TO THE SKY WITHIN THE REQUIRED REAR YARD SETBACK, FOR THE RESIDENTIAL SUBDIVISION KNOWN AS BOWES CREEK COUNTRY CLUB; PROPERTY LOCATED AT 3600 BOWES ROAD, BY TOLL IL L.P., AS APPLICANT, AND LOLAND ASSETS, L.P., AS OWNER (PETITION 22-09) Mayor Schock declared the public hearing open. VOLUME LXXIV OCTOBER 28, 2009 693 Community Development Director Deering stated the petitioners were requesting permission to build decks over four feet in height within the rear yard setback. He stated the Planning Development Commission had recommended approval of the petition subject to conditions. He then introduced Attorney Patrick Brankin who was representing Toll Brothers. Mr. Brankin said this proposed amendment was due to certain topographical issues and that it would be for only 219 lots so affected. Councilmember Kaptain said that during the public hearing at the Planning and Development Commission meeting, an adjoining property owner was concerned about the effect this change might have on his property values. He wondered how many lots adjoined that property. Mr. Brankin said the adjoining property was a farm and that there were about ten lots There being no other questions and no one from the audience who wished to speak, Mayor Schock declared the public hearing closed. PETITION 22-09 APPROVED REQUESTING A FOURTH AMENDMENT TO THE ANNEXATION AGREEMENT, AND AMENDMENTS TO THE PLANNED DISTRICT ORDINANCES TO PERMIT THE CONSTRUCTION OF BALCONIES OPEN TO THE SKY WITHIN THE REQUIRED REAR YARD SETBACK, FOR THE RESIDENTIAL SUBDIVISION KNOWN AS BOWES CREEK COUNTRY CLUB; PROPERTY LOCATED AT 3600 BOWES ROAD, BY TOLL IL L.P., AS APPLICANT, AND LOLAND ASSETS, L.P., AS OWNER Community Development Director Deering stated he had no additional comments. Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to approve Petition 22-09 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PETITION 23-09 APPROVED REQUESTING FINAL PLAT APPROVAL FOR GRABER SUBDIVISION; PROPERTY LOCATED AT 1391-1395 GIFFORD ROAD; BY GIFFORD 300 LLC, AS APPLICANT AND OWNER Community Development Director Deering stated that the Planning and Development Commission had recommended approval subject to conditions. Councilmember Kaptain made a motion, seconded by Councilmember Warren, to approve Petition 23-09 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. OCTOBER 28, 2009 VOLUME LXXIV 694 ORDINANCE G59-09 PASSED CREATING A LABOR RELATIONS AND PERSONNEL COMMITTEE Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: Councilmember Dunne. Ordinance No. G59-09 AN ORDINANCE CREATING A LABOR RELATIONS AND PERSONNEL COMMITTEE WHEREAS, Section 2.08.080Y of the Elgin Municipal Code, 1976, as amended, provides that special committees of the City Council may be appointed at any time by the City Council or by the Mayor to consider any special problem and shall continue until discharged by the appointed authority; and WHEREAS, the City of Elgin is a home rule unit pursuant to the Constitution of the State of Illinois; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, the City Council has determined that it is necessary and desirable to provide for a new City Council committee to be known as the Labor Relations and Personnel Committee; and WHEREAS, the establishment of a City Council Labor Relations and Personnel Committee pertains to the government affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Labor Relations and Personnel Committee Created. There is hereby created the Labor Relations and Personnel Committee for the purpose of evaluating and recommending policies to the City Council regarding labor relations and personnel issues for the City of Elgin. Section 2. Membership. The Labor Relations and Personnel Committee shall be comprised of three (3) members. One (1) member of the committee shall be the Mayor. Two (2) members of the committee shall be the two most senior members of the City Council. In the event members of the City Council have equal seniority with respect to a membership on the committee, the City Council shall determine which member of the City Council with equal seniority shall be appointed to the committee. The Mayor shall serve as chairman of the committee. VOLUME LXXIV OCTOBER 28, 2009 695 Section 3. Meetings. The Labor Relations and Personnel Committee shall meet as soon as practical and shall establish such meeting dates and times as determined by the committee. The Labor Relations and Personnel Committee may establish rules regarding the conduct of meetings and where not otherwise provided Roberts Rules 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. Section 4. Staff. The City Manager, from time to time, in his direction shall make available the services of the City’s professional staff to aid and cooperate with the Labor Relations and Personnel Committee in carrying out its responsibilities. Section 5. Powers and Duties. The Labor Relations and Personnel Committee shall have the power and duty to evaluate and recommend policies to the City Council regarding labor relations and personnel issues for the City of Elgin. Any and all reports regarding the activities and recommendations of the committee shall be provided by the committee to the City Council. Section 6. Dissolution of Committee. The Labor Relations and Personnel Committee shall remain in existence until such time as dissolved by the City Council. 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 Presented: October 28, 2009 Passed: October 28, 2009 Vote: Yeas: 6 Nays: 1 Recorded: October 29, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk OCTOBER 28, 2009 VOLUME LXXIV 696 AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to authorize the following payments. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PAYEE AMOUNT REASON Lundstrom Insurance Agency Elgin, IL $316,183.00 First Quarter, 2009-2010 Insurance for the City City of Batavia Batavia, IL $ 11,843.16 SMILE progress billing August - September CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to pass Ordinance Nos. S8-09 and T44-09, and adopt Resolution Nos. 09-225 through 09-230 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 09-225 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-225 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Mary Kirkman be and is hereby appointed as a member of the Cultural Arts Commission, for a term to expire November 1, 2012. BE IT FURTHER RESOLVED that Sean Hargadon, James Bregenzer, and Natalie Shadel be and are hereby reappointed as members of the Cultural Arts Commission, each for a term to expire November 1, 2012. BE IT FURTHER RESOLVED that Ruth Stephens be and is hereby appointed as a member of the Housing Authority of Elgin Board, for a term to expire December 1, 2012. VOLUME LXXIV OCTOBER 28, 2009 697 BE IT FURTHER RESOLVED that Robert Siljestrom be and is hereby appointed as chairman of the Planning and Development Commission, for a term to expire July 1, 2010. s/ Ed Schock Ed Schock, Mayor Presented: October 28, 2009 Adopted: October 28, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-226 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS STATE TOLLWAY AUTHORITY FOR PLACEMENT OF SIGNS IN THE CITY OF ELGIN’S JURISDICTION Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-226 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS STATE TOLLWAY AUTHORITY FOR PLACEMENT OF SIGNS IN THE CITY OF ELGIN’S JURISDICTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois State Tollway authority for placement of signs in the city of Elgin’s jurisdiction, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor OCTOBER 28, 2009 VOLUME LXXIV 698 Presented: October 28, 2009 Adopted: October 28, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-227 ADOPTED AUTHORIZING EXECUTION OF AN IDOT CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION WITH ENGINEERING ENTERPRISES, INC. FOR THE BIG TIMBER ROAD PAVEMENT PRESERVATION PROJECT (RANDALL ROAD TO MCLEAN BOULEVARD) Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-227 RESOLUTION AUTHORIZING EXECUTION OF AN IDOT CONSTRUCTION ENGINEERING SERVICES AGREEMENT FOR FEDERAL PARTICIPATION ON BEHALF OF THE CITY OF ELGIN WITH ENGINEERING ENTERPRISES, INC. FOR THE BIG TIMBER ROAD PAVEMENT PRESERVATION PROJECT (Randall Road to McLean Boulevard) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute IDOT Standard Construction Engineering Services Agreement for Federal Participation on behalf of the City of Elgin with Engineering Enterprises, Inc. for the Big Timber Road Local Agency Pavement Preservation Project, Randall Road to McLean Boulevard, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXIV OCTOBER 28, 2009 699 Presented: October 28, 2009 Adopted: October 28, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-228 ADOPTED AUTHORIZING EXECUTION OF A SIDE LETTER WITH THE POLICEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT #54 Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-228 RESOLUTION AUTHORIZING EXECUTION OF A SIDE LETTER WITH THE POLICEMEN’S BENEVOLENT AND PROTECTIVE ASSOCIATION UNIT #54 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Policemen’s Benevolent and Protective Association, Unit #54, regarding compensatory time, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 28, 2009 Adopted: October 28, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk OCTOBER 28, 2009 VOLUME LXXIV 700 RESOLUTION 09-229 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN RIVER PARK PLACE SUBDIVISION Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 09-229 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE THE PUBLIC IMPROVEMENTS IN RIVER PARK PLACE SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance the public improvements in River Park Place Subdivision. Acceptance of the public improvements will add approximately 2,458 lineal feet of 8" water main, 10 valves and vaults, 6 fire hydrants, 2,201 lineal feet of 8" sanitary sewer, 15 sanitary manholes within the limits of the planned unit development and 15 lineal feet of 12" storm sewer, 21 lineal feet of 24" storm sewer, 4 catch basins, 11 street lights, 9,480 square feet of sidewalk and 1,696 lineal feet of curb and gutter along Lake and Prairie Streets and South Grove Avenue, and their appurtenances to the City maintained facilities. The River Park Place Townhome Property Owners’ Association will own and maintain storm sewer and the roadways interior to the development. s/ Ed Schock Ed Schock, Mayor Presented: October 28, 2009 Adopted: October 28, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 09-230 ADOPTED REGARDING ELGIN IMAGE COMMISSION RECOGNITION AWARDS Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. VOLUME LXXIV OCTOBER 28, 2009 701 Resolution No. 09-230 RESOLUTION REGARDING ELGIN IMAGE COMMISSION RECOGNITION AWARDS WHEREAS, the City Council has previously approved a program by the Elgin Image Commission where a formal recognition program would be established to honor individuals with a connection to Elgin who have received regional or national prominence; and WHEREAS, the Elgin Image Commission has recommended to the City Council that for 2009 George P. and Mary E.C. Lord, Gail Borden, David C. Cook and B.W. Raymond be given recognition awards; and WHEREAS, George P. and Mary E.C. Lord were community philanthropists having contributed to Sherman Hospital, the YMCA and the Academy, and Mr. and Mrs. Lord funded Lord’s Park and the Lord’s Park Pavilion; and WHEREAS, Gail Borden was influential in continuing the City of Elgin’s dairy reputation while also becoming the founder of a patented condensed milk process; and WHEREAS, David C. Cook was the founder of the nation’s largest interdenominational religious publishing house; and WHEREAS, B.W. Raymond was a Chicago capitalist instrumental in bringing the railroad and watch factory to the City of Elgin. NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George P. and Mary E.C. Lord, Gail Borden, David C. Cook and B.W. Raymond be and are hereby awarded formal recognition as having been prominent members of the Elgin Community. s/ Ed Schock Ed Schock, Mayor Presented: October 28, 2009 Adopted: October 28, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk OCTOBER 28, 2009 VOLUME LXXIV 702 ORDINANCE S8-09 PASSED VACATING CERTAIN PUBLIC STREETS (DAWSON DRIVE, RIVER WALK COURT AND FESTIVAL COURT) Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. S8-09 AN ORDINANCE VACATING CERTAIN PUBLIC STREETS (Dawson Drive, River Walk Court and Festival Court) WHEREAS, the final plat of subdivision for the River Park Place Development (the “Plat”) was recorded June 4, 2004, as Document Number 2004K072591; and WHEREAS, the Plat erroneously identified Dawson Drive, River Walk Court and Festival Court as “hereby dedicated” thereby dedicating such streets as public streets; and WHEREAS, the designation of Dawson Drive, River Walk Court and Festival Court as public streets within the River Park Place townhome development was in error in that it was not intended that such internal roadways would be owned and maintained by the City, but rather the Declaration of Covenants, Conditions and Restrictions for the River Park Place Townhome Property Owners Association identifies such roadways as being Community Area to be maintained by the property owners association; and WHEREAS, 605 ILCS 5/9-127(b) provides in relevant part that when any highway authority determines to vacate a highway under its jurisdiction, or part thereof, established within a subdivision by a statutory plat, that authority may vacate such highway and convey the highway authority’s interest in such highway to any bona fide organization of property owners of the subdivision which (1) is so organized to be able to receive, hold and convey real property, (2) has petitioned the highway authority for the vacation of the highway, and (3) undertakes to develop the property for the use and benefit of the public; and WHEREAS, the River Park Place Townhome Property Owners Association is an organization of property owners of the River Park Place subdivision, is a qualified bona fide organization of property owners as contemplated in 605 ILCS 5/9-127(b), and has petitioned the City of Elgin pursuant to 605 ILCS 5/9-127(b) to vacate Dawson Drive, River Walk Court and Festival Court and to convey such vacated streets to the River Park Place Townhome Property Owners Association to allow such association to develop such property for the use and benefit of the public; and WHEREAS, the public interests will be served by vacating Dawson Drive, River Walk Court and Festival Court within the River Park Place subdivision and said property is not necessary as dedicated public streets to serve the public. VOLUME LXXIV OCTOBER 28, 2009 703 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That all of Dawson Drive, River Walk Court and Festival Court as platted in River Park Place, being a subdivision of part of the southwest quarter of Section 13, Township 41 North Range 8 East of the Third Principal Meridian recorded June 4, 2004, as Document Number 2004K072591, in Elgin, Kane County, Illinois, be and are hereby vacated. The plat of vacation for the vacation of Dawson Drive, River Walk Court and Festival Court is attached hereto and made a part hereof as Exhibit A. Section 2. That the City of Elgin does hereby reserve for and to itself and for and to any public utility company owning any public utility or public s ervices in, upon or under the rights-of-way vacated by this ordinance full right of access for the purpose of continuing, extending or installing any public utility or public service facilities and to maintain, renew, extend or construct or reconstruct any such public utility or public service facilities. No buildings or other permanent structures shall be construed upon the rights-of-way vacated by this ordinance. Section 3. That Dawson Drive, River Walk Court and Festival Court vacated by this ordinance shall be conveyed by the City of Elgin to the River Park Place Townhome Property Owners Association, a not-for-profit Illinois corporation, pursuant to quit-claim deed to be executed by the Mayor and attested to by the City Clerk and recorded with the Kane County Recorder concurrently with the recording of this ordinance and the plat of vacation attached hereto and whereupon the River Park Place Townhome Property Owners Association shall acquire title to Dawson Drive, River Walk Court and Festival Court vacated by this ordinance pursuant to 605 ILCS 5/9-127(b). Section 4. That this ordinance shall be in full force and effect from and after its passage and recording in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 28, 2009 Passed: October 28, 2009 Vote: Yeas: 7 Nays: 0 Recorded: October 29, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk OCTOBER 28, 2009 VOLUME LXXIV 704 ORDINANCE T44-09 PASSED CLARIFYING THE IDENTITY OF THE DEVELOPER ON PRIOR RECAPTURE ORDINANCES REGARDING CAPITAL CORPORATE CENTER Councilmember Dunne made a motion, seconded by Councilmember Kaptain, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. T44-09 AN ORDINANCE CLARIFYING THE IDENTITY OF THE DEVELOPER ON PRIOR RECAPTURE ORDINANCES REGARDING CAPITAL CORPORATE CENTER WHEREAS, the City of Elgin, a municipal corporation of the counties of Cook and Kane, in the State of Illinois (hereinafter referred to as the “City”) did previously enact the following ordinances (collectively the “Capital Corporate Center Recapture Ordinances”), each of which was recorded in the office of the Recorder of Deeds of Kane County, Illinois with the following respective document numbers: ORDINANCE NUMBER RECORDER’S OFFICE DOCUMENT NUMBER T37-09 2009K067675 T38-09 2009K067673 T39-09 2009K067674 T40-09 2009K067676 T41-09 2009K067677 T42-09 2009K067678 T43-09 2009K067679 WHEREAS, in each of the Capital Corporate Center Recapture Ordinances, the name of the Developer was erroneously stated to be “ABCP, LLC, an Illinois limited liability company” instead of “ABCP Investments, LLC, an Illinois limited liability company”. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That by enactment of this ordinance, the city does hereby in each of the Capital Corporate Center Recapture Ordinances, correct the name of the Developer from “ABCP, LLC” to “ABCP Investments, LLC”. VOLUME LXXIV OCTOBER 28, 2009 705 Section 2. 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: October 28, 2009 Passed: October 28, 2009 Vote: Yeas: 7 Nays: 0 Recorded: October 29, 2009 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gilliam made a motion, seconded by Councilmember Warren, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Foreign Fire Insurance Tax Board Minutes – July 14, 2009 Emergency Telephone System Board of Elgin Minutes – September 23, 2009 Human Relations Commission Minutes – July 14, 2009, and September 1, 2009 Committee of the Whole Minutes – September 23, 2009, available on the City’s website City Council Minutes – September 23, 2009, available on the City’s website Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. OCTOBER 28, 2009 VOLUME LXXIV 706 ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Warren, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The meeting adjourned at 7:40 p.m. s/Diane Robertson November 4, 2009 Diane Robertson, City Clerk Date Approved