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HomeMy WebLinkAboutl - June 23, 2010 CC314 JUNE 23, 2010 VOLUME LXXV 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, June 23, 2010, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:05 p.m. The Invocation was given by Ms. Ina Dews and the Pledge of Allegiance was led by Councilmember John Prigge. ROLL CALL Roll call was answered by Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: Councilmember Gilliam. MINUTES OF THE JUNE 9, 2010, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Warren made a motion, seconded by Councilmember Steffen, to approve the June 9, 2010, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Dunne abstained due to a conflict of interest. COMMUNICATIONS Assistant Fire Chief Rudy Horist Recognition Proclamation Mayor Schock read a proclamation recognizing Assistant Fire Chief Rudy Horist for his years of service to the city and congratulating him on his retirement. Mayor Schock said that Assistant Fire Chief Horist exemplified professionalism. Mr. Horist thanked the Mayor and Council, as well as the residents of Elgin for the privilege of working for the city. 12th Annual Citizenship Recognition Program Twenty-two new citizens were recognized during this twelfth annual Citizenship Recognition Program. Judge Manuel Barbosa acted as MC and Richard Reed, an Elgin Community College citizenship instructor, reviewed the process of becoming a citizen. Mr. Ubences Ocampo and Mr. Leonardo Urganeta each spoke about their experiences in the United States. Members of the Elgin Choral Union sang two selections. Also present were Representative Keith Farnum and a representative from Senator Mike Nolan’s office. VOLUME LXXV JUNE 23, 2010 315 RECOGNIZE PERSONS PRESENT Gary Bohlin expressed his concerns about city zoning tactics. He felt it should be “family first” in regards to zoning laws. Arthur “Doc” Sheehan, Commander of the Watch City Post 1307, VFW, expressed concerns about the blocked access to the Veterans Memorial ceremony. He said that, at times, there was no way to get there due to the streets being blocked by the Fox Trot. He would like to see the Fox Trot be moved to the Sunday proceeding Memorial Day. John Collins expressed his objections to the shooting of two pit bulls by police officers several weeks ago. Thomas Conro thanked the city for appointing Jeffrey Swoboda as the new Police Chief, for appointing Shelly Mendiola as a new ROPE officer, for naming the new city park “Unity Park”, and for not enacting a breed specific dog law. He also announced events at the upcoming Unity Fest. RESOLUTION 10-130 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN COMMUNITY NETWORK Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Kaptain abstained due to a conflict of interest. Resolution No. 10-130 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH ELGIN COMMUNITY NETWORK 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 a Purchase of Service Agreement on behalf of the City of Elgin with Elgin Community Network for the creation of neighborhood area boards that provide a structure for communication, collaboration and coordination between residents, city staff and elected officials, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor JUNE 23, 2010 VOLUME LXXV 316 Presented: June 23, 2010 Adopted: June 23, 2010 Vote: Yeas: 5 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to pass Ordinance Nos. G29-10 and G30-10 and adopt Resolution Nos. 10-121 through 10-129 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 10-121 ADOPTED AUTHORIZING EXECUTION OF A STANDARD SOFTWARE LICENSE AND SERVICES AGREEMENT WITH NEW WORLD SYSTEMS CORPORATION FOR A PUBLIC SAFETY INFORMATION SYSTEM Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-121 RESOLUTION AUTHORIZING EXECUTION OF A STANDARD SOFTWARE LICENSE AND SERVICES AGREEMENT WITH NEW WORLD SYSTEMS CORPORATION FOR A PUBLIC SAFETY INFORMATION SYSTEM 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 a standard software license and services agreement with New World Systems Corporation on behalf of the City of Elgin for a public safety information system and the related hardware and third-party applications, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor VOLUME LXXV JUNE 23, 2010 317 Presented: June 23, 2010 Adopted: June 23, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-122 ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH CHAYA FRIEDMAN D/B/A DACRA FOR SOFTWARE FOR CITY'S ADMINISTRATIVE ADJUDICATION SYSTEM Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-122 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH CHAYA FRIEDMAN D/B/A DACRA FOR SOFTWARE FOR CITY'S ADMINISTRATIVE ADJUDICATION SYSTEM 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 Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an amendment agreement on behalf of the City of Elgin with Chaya Friedman d/b/a Dacra, for software for the city's administrative adjudication system, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor JUNE 23, 2010 VOLUME LXXV 318 Presented: June 23, 2010 Adopted: June 23, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-123 ADOPTED AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE RUTLAND AND DUNDEE TOWNSHIPS FIRE PROTECTION DISTRICT FOR AUTOMATIC FIRE AND EMERGENCY MEDICAL SERVICES Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-123 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE RUTLAND AND DUNDEE TOWNSHIPS FIRE PROTECTION DISTRICT FOR AUTOMATIC FIRE AND EMERGENCY MEDICAL SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an intergovernmental agreement with the Rutland and Dundee Townships Fire Protection District on behalf of the City of Elgin for automatic fire and emergency medical services, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 23, 2010 Adopted: June 23, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXV JUNE 23, 2010 319 RESOLUTION 10-124 ADOPTED AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE YWCA OF ELGIN, INC. Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-124 RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT SUB-RECIPIENT AGREEMENT WITH THE YWCA OF ELGIN, INC. 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 an agreement on behalf of the City of Elgin with the YWCA of Elgin, Inc. for roof repair and architectural services for the facility located at 220 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 23, 2010 Adopted: June 23, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-125 ADOPTED AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH REZEK, HENRY, MEISENHEIMER AND GENDE, INC. (2010 NEIGHBORHOOD STREET REHABILITATION-HIGHLAND AVENUE) Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. JUNE 23, 2010 VOLUME LXXV 320 Resolution No. 10-125 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 1 WITH REZEK, HENRY, MEISENHEIMER AND GENDE, INC. (2010 Neighborhood Street Rehabilitation-Highland Avenue) 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 amendment agreement no. 1 on behalf of the City of Elgin with Rezek, Henry, Meisenheimer and Gende, Inc. for the 2010 Neighborhood Street Rehabilitation-Highland Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 23, 2010 Adopted: June 23, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-126 ADOPTED AUTHORIZING AWARD OF BID TO REINDERS DISTRIBUTION COMPANY Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-126 RESOLUTION AUTHORIZING AWARD OF BID TO REINDERS DISTRIBUTION COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes award of bid to Reinders Distribution Company through the Illinois State Purchase Agreement for the purchase of two large area mowers at a cost of $60,718.23. s/ Ed Schock Ed Schock, Mayor VOLUME LXXV JUNE 23, 2010 321 Presented: June 23, 2010 Adopted: June 23, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-127 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR A FOURTH OF JULY PARADE Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-127 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE OF SERVICE AGREEMENT WITH THE DOWNTOWN NEIGHBORHOOD ASSOCIATION FOR A FOURTH OF JULY PARADE 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 a Purchase of Service Agreement on behalf of the City of Elgin with the Downtown Neighborhood Association for the Fourth of July Parade, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 23, 2010 Adopted: June 23, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk JUNE 23, 2010 VOLUME LXXV 322 RESOLUTION 10-128 ADOPTED ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-128 RESOLUTION ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS WHEREAS, 820 ILCS 130/0.01 et seq. entitled "AN ACT regulating wages of laborers, mechanics, and other workers employed in any public works by the State, county, city or any public body or any political subdivision or by any one under contract for public works." requires that any public body awarding any contract for public work, or otherwise undertaking any public works as defined herein, shall ascertain the general prevailing hourly rate of wages for employees engaged in such work; and WHEREAS, said Act further provides that if the public body desires that the Department of Labor ascertain the prevailing rate of wages, it shall notify the Department of Labor to ascertain the general prevailing wage rate; and WHEREAS, at the request of the City of Elgin the Department of Labor has determined the prevailing rate of wages for construction work in Cook and Kane Counties in the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the determination of the prevailing wages as made by the Department of Labor, copies of which are attached hereto and made a part hereof by reference, are adopted by the City of Elgin. BE IT FURTHER RESOLVED that all contracts for public work of the City of Elgin shall include a stipulation to the effect that not less than the prevailing rate of wages as found by the Department of Labor shall be paid to all laborers, workers and mechanics performing work under the contract. BE IT FURTHER RESOLVED that all contract bonds for public works shall include a provision to guarantee the faithful performance of the prevailing wage clause as provided by contract. BE IT FURTHER RESOLVED that a copy of the prevailing wage rate as established by the Department of Labor shall be publicly posted and kept available for inspection by any interested party. VOLUME LXXV JUNE 23, 2010 323 BE IT FURTHER RESOLVED that nothing herein contained shall be construed to apply to the prevailing hourly rate of wages in the locality for employment other than public works construction as defined in the Act, and that the City Clerk be and is hereby authorized to file a certified copy of this resolution with the Secretary of State Index Division and the Department of Labor of the State of Illinois. s/ Ed Schock Ed Schock, Mayor Presented: June 23, 2010 Adopted: June 23, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-129 ADOPTED RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (511 WASHBURN STREET-NSP PROPERTY) Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Resolution No. 10-129 RESOLUTION RATIFYING THE EXECUTION OF A REAL ESTATE CONTRACT (511 Washburn Street-NSP Property) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Real Estate Sales Contract on behalf of the City of Elgin by Sean R. Stegall, City Manager, with Fannie Mae for the purchase of property commonly known as 511 Washburn Street, Elgin, for $62,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor JUNE 23, 2010 VOLUME LXXV 324 Presented: June 23, 2010 Adopted: June 23, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G29-10 PASSED AMENDING TITLE 2 ENTITLED "ADMINISTRATION AND PERSONNEL" AND TITLE 3 ENTITLED "BOARDS AND COMMISSIONS" OF THE ELGIN MUNICIPAL CODE 1976, AS AMENDED Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G29-10 AN ORDINANCE AMENDING TITLE 2 ENTITLED “ADMINISTRATION AND PERSONNEL” AND TITLE 3 ENTITLED “BOARDS AND COMMISSIONS” OF THE ELGIN MUNICIPAL CODE 1976, AS AMENDED WHEREAS, the City of Elgin is a Home Rule Unit, and may exercise any power and perform any function pertaining to its government affairs; and WHEREAS, the hiring, promotion, transfer, demotion or removal or discharge of City employees pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.12 of the Elgin Municipal Code, 1976, as amended, entitled “City Manager,” be and is hereby further amended by amending Section 2.12.030 thereof, entitled, “Hiring of Employees,” to read as follows: VOLUME LXXV JUNE 23, 2010 325 “Except as otherwise specifically provided by city ordinances, including, but not limited to, Chapter 3.08 of this code providing for appointments to the police department and fire department, the city manager shall hire, promote and transfer all employees authorized by the city council at such compensation as may be set or authorized by the city council. Except for at-will employees, and except as otherwise specifically provided for by City ordinances, including, but not limited to, Chapter 3.08 of this Code providing for appointments to the Police and Fire Departments, and except as otherwise specifically provided for in any applicable provisions in a then-current Collective Bargaining Agreement, all newly hired employees, and those employees rehired after loss of seniority, shall be considered probationary employees until they have successfully completed a probationary period of six (6) months, as may be adjusted for any unauthorized, unpaid leaves of absence or other unpaid breaks in service. During their probationary period, a probationary employee may be disciplined, discharged, laid off or otherwise dismissed at the sole discretion of the City Manager. All employees shall perform their duties subject to the direction of the city manager or that of the superior to whom the manager may assign such employee. The manager may, however, delegate to any other official or employee the authority to hire, promote or transfer employees so authorized. The provisions of this section shall be in lieu of and shall supersede any and all provisions relating to city employees in the classified civil service in the Civil Service in Cities Act at 65 Illinois Compiled Statutes 5/10-1-1 et seq., as amended.” Section 2. That Chapter 2.12 of the Elgin Municipal Code, 1976, as amended, entitled “City Manager,” be and is hereby further amended by amending Section 2.12.035 thereof, entitled “Discharge of Employees and Disciplinary Measures,” to read as follows: “Except as otherwise specifically provided by city ordinances, the city manager is authorized and empowered to discharge all city employees and to exercise and enforce disciplinary measures against all city employees. Such disciplinary measures against city employees may include suspension without pay, demotion or removal or discharge. The authority of the city manager to impose disciplinary punishment shall not be limited to the methods described above, namely, suspension, demotion or removal or discharge. Discipline for city employees in a collective bargaining unit shall also be subject to any applicable provisions in the then current collective bargaining agreement. The provisions of this section shall be in lieu of and shall supersede the provisions relating to disciplinary procedures and disciplinary hearings for city employees in the classified civil service in the Civil Service in Cities Act at 65 Illinois Compiled Statutes 5/10-1-1 et seq., as amended.” Section 3. That Chapter 3.04 of the Elgin Municipal Code, 1976, as amended, entitled “Civil Service Commission,” be and is hereby repealed. JUNE 23, 2010 VOLUME LXXV 326 Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 5. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: June 23, 2010 Passed: June 23, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: June 24, 2010 Published: June 25, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G30-10 PASSED GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CC1 CENTER CITY DISTRICT (51 SOUTH SPRING STREET) Councilmember Kaptain made a motion, seconded by Councilmember Prigge, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Ordinance No. G30-10 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A PLANNED DEVELOPMENT IN THE CC1 CENTER CITY DISTRICT (51 South Spring Street) WHEREAS, written application has been made requesting conditional use approval for a planned development in the CC1 Center City 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. VOLUME LXXV JUNE 23, 2010 327 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 5, 2010, 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 Adaptive Use of an Existing Building and Construction of a New Building to Provide for a Mixed Use Residential and Retail Development in the CC1 Center City District at 51 South Spring Street legally described as follows: Lots 7, 8, 9 and 10, and that part of Lots 5, 6, 11 and 12 Lying Southwesterly of the Southwesterly Right-Of-Way Line of the Chicago and Northwestern Railway Company, All In Block 12 of the Original Town of Elgin, Kane County, Illinois, Including All Improvements and Structures Thereon (Property Commonly known as 51 South Spring Street). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Artspace Projects, Inc. dated received April 28, 2010. 2. Substantial Conformance to the following exhibits submitted by Artspace Projects, Inc. prepared by BKV Group dated April 28, 2010 and per the comments and revisions of the Community Development Group. a. Title sheet b. Plat of survey c. Site and landscape plan d. First, second, third floor floorplans e. Exterior building elevations f. Arts Quarter Lofts project sheet g. Blue project sheet h. Carleton Place Artist Lofts project sheet i. The Lyricat Carleton Place project sheet j. Eitel Building City Apartments project sheet 3. The parking lot to the east proposed to be developed by Artspace Projects, Inc. shall be designed with landscape materials and features that conform to the City’s site design and landscape requirements. 4. Compliance with all applicable codes and ordinances. JUNE 23, 2010 VOLUME LXXV 328 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: June 23, 2010 Passed: June 23, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: June 24, 2010 Published: June 25, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Warren made a motion, seconded by Councilmember Prigge, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Zoning and Subdivision Hearing Board – May 5 and May 19, 2010 Telecommunications Tax Report – June, 2010 Committee of the Whole Minutes – May 26, 2010 City Council Minutes – May 26, 2010 Disbursement Report ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. VOLUME LXXV JUNE 23, 2010 329 ADJOURNMENT Councilmember Steffen made a motion, seconded by Councilmember Warren, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The meeting adjourned at 7:55 p.m. s/ Diane Robertson July 14, 2010 Diane Robertson, City Clerk Date Approved