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HomeMy WebLinkAboutq - September 8, 2010 CC437 VOLUME LXXV SEPTEMBER 8, 2010 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 September 8, 2010, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:50 p.m. A moment of silence was observed and the Pledge of Allegiance was led by Councilmember Mike Warren. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE AUGUST 25, 2010, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Warren made a motion, seconded by Councilmember Steffen, to approve the August 25, 2010, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. COMMUNICATIONS ITS Department Employee Recognition Members of the ITS Department were introduced by City Manager Stegall. Mr. Stegall also recognized them for the work they have performed. Councilmember Gilliam personally thanked them for helping him over the years. RECOGNIZE PERSONS PRESENT Marcy Wojak stated that she would like the city business license prorated for the first year and that she would like to have the ordinance changed to protect home-based businesses from inspections. John Collins expressed his concerns about lack of accountability by the city. SEPTEMBER 8, 2010 VOLUME LXXV 438 BID 10-041A AWARDED TO UTILITY DYNAMICS FOR NATIONAL STREET BRIDGE DECK PAINTING Councilmember Warren made a motion, seconded by Councilmember Kaptain, to approve an agreement with Utility Dynamics in the amount of $44,340 for the National Street Bridge Deck Painting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PETITION 17-10 APPROVED REQUESTING AN AMENDMENT TO TITLE 19, ZONING, OF THE ELGIN MUNICIPAL CODE, PERTAINING TO LAND USES WITHIN THE ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT; BY ELGIN JEWELRY & LOAN, INC., AND 650 NORTH DEARBORN, L.L.C. AS APPLICANTS Sarosh Saher, Senior Planner, presented the petition noting that it would remove pawn shops from prohibited uses. He noted that strict regulations of pawn shops were included and that only one shop was being allowed at this time. He said the Planning and Development Commission conducted a public hearing and had recommended approval, subject to conditions. Councilmember Dunne said that he had concerns that there would now be several pay-day loan businesses, gold buying businesses, and now a pawn shop within close proximity and he felt this was not good for the neighborhood. Councilmember Steffen said that he wanted to correct a misconception that he saw in the transcript of the public hearing. He said it was stated at the hearing that the city had released Walgreens from their location on McLean and Abbott Drive. He wanted it understood that the decision to move to the location at Wing and McLean was Walgreens, not the city’s. He also said he thought the pawn shop would act as competition to the businesses Councilmember Dunne had mentioned earlier. Councilmember Prigge said he supported the idea as it would provide another option to those who found themselves in financial stress. Mayor Schock stated he would also be supporting the petition and that he agreed with Councilmember Steffen’s comments about the business. He said the pawn shops are heavily regulated by the state and that pay-day loan or gold buying businesses are not. Councilmember Steffen commented that pawn shops are required to make daily reports for police purposes regarding items that have been pawned and he wondered if those same reports could be required from the gold buying businesses. Corporation Counsel William Cogley said that the Legal Department had been working with the Police Department on an ordinance that would cover any type of resale business and that it would address the concerns that Councilmember Steffen had expressed. He said it would also address metal dealers/recyclers. VOLUME LXXV SEPTEMBER 8, 2010 439 Councilmember Warren stated that only one license had been created for this type of business and if it is not successful, then no other licenses need to be issued. He said it was too bad that regulations of this type were not in place for the other businesses that had been mentioned previously. Councilmember Steffen mentioned that the license was also renewable on a yearly basis so any problems could be handled at that time. Councilmember Warren made a motion, seconded by Councilmember Prigge, to approve Petition 17-10 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Gilliam, Prigge, Steffen, Warren, and Mayor Schock. Nays: Councilmember Dunne. Councilmember Kaptain abstained due to a conflict of interest. PETITION 19-10 APPROVED REQUESTING A CONDITIONAL USE IN THE AB AREA BUSINESS DISTRICT, TO PERMIT THE ESTABLISHMENT OF A PAWN SHOP; PROPERTY LOCATED AT 943-955 NORTH MCLEAN BOULEVARD, UNITS C & D, BY ELGIN JEWELRY & LOAN, INC., AS APPLICANT, AND 650 NORTH DEARBORN, L.L.C., AS OWNER Sarosh Saher, Senior Planner, reviewed the petition noting that the Zoning and Subdivision Hearing Board had recommended approval subject to conditions. Councilmember Steffen made a motion, seconded by Councilmember Gilliam, to approve Petition 19-10 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Gilliam, Prigge, Steffen, Warren, and Mayor Schock. Nays: Councilmember Dunne. Councilmember Kaptain abstained due to a conflict of interest. PETITION 18-10 APPROVED REQUESTING CONDITIONAL USE APPROVAL TO PERMIT A PROGRAM FOR GRAPHICS, ALLOWING THE ESTABLISHMENT OF A SIGN WHICH EXCEEDS THE MAXIMUM ALLOWABLE HEIGHT AND SURFACE AREA REQUIREMENTS OF THE SIGN ORDINANCE IN THE CF COMMUNITY FACILITY DISTRICT; PROPERTY LOCATED AT 1600 DUNDEE AVENUE, BY FOX RIVER COUNTRY DAY SCHOOL, AS APPLICANT AND OWNER Sarosh Saher, Senior Planner, reviewed the petition noting that the Zoning and Subdivision Hearing Board had recommended approval subject to conditions. Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to approve Petition 18-10 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. SEPTEMBER 8, 2010 VOLUME LXXV 440 RESOLUTION 10-176 ADOPTED PROTESTING RECLASSIFICATION OF PROPERTY IN KANE COUNTY (10N862 MUIRHEAD ROAD) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: Councilmember Dunne. Resolution No. 10-176 RESOLUTION PROTESTING RECLASSIFICATION OF PROPERTY IN KANE COUNTY (10N862 Muirhead Road) WHEREAS, application has been made to reclassify certain territory located at 10N862 Muirhead Road, which is not included within the boundaries of any municipality, from F District Farming to E1 District Estate and E2 District Estate, said territory being legally described as follows: THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF; THENCE SOUTH ALONG THE EAST LINE OF SAID WEST HALF; 317.39 FEET AS PER SURVEY BY HOWARD MEADOWS DATED FEBRUARY 2, 1972 (324.26 FEET MEASURED) FOR THE POINT OF BEGINNING; THENCE WESTERLY, PER SAID SURVEY, ALONG A LINE THAT FORMS AN ANGLE OF 90 DEGREES 47 MINUTES AS MEASURED FROM NORTH TO WEST WITH LAST DESCRIBED COURSE 346.75 FEET (345.89 FEET MEASURED) TO A CONCRETE MONUMENT; THENCE SOUTH 90 DEGREES, 48 MINUTES AS MEASURED FROM EAST TO SOUTH, 91.75 FEET, PER SAID SURVEY, (91.66 FEET MEASURED) TO THE SOUTHERLY LINE OF SAID MEADOWS SURVEY; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE, THAT FORMS AN ANGLE OF 99 DEGREES, 22 MINUTES (99 DEGREES, 29 MINUTES, 15 SECONDS MEASURED) AS MEASURED FROM NORTH TO WEST, 357.76 FEET (357.15 FEET MEASURED); THENCE SOUTH ALONG A LINE PARALLEL TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22, THAT FORMS AN ANGLE OF 99 DEGREES, 37 MINUTES, 44 SECONDS MEASURED FROM EAST TO SOUTH, 377.54 FEET; THENCE EAST ALONG A LINE PERPENDICULAR TO THE EAST LINE OF THE WEST HALF OF SAID SECTION 22, THAT FORMS AN ANGLE OF 89 DEGREES, 49 MINUTES, 08 SECONDS MEASURED NORTH TO EAST, 699.43 FEET, TO SAID EAST LINE OF WEST HALF; THENCE NORTH ALONG SAID EAST LINE THAT FORMS AN ANGLE OF 90 DEGREES AS MEASURED FROM WEST TO NORTH, 532.41 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS (property commonly known as 10N862 Muirhead Road). WHEREAS, said territory is within one and one-half miles of the corporate boundaries of the City of Elgin; and VOLUME LXXV SEPTEMBER 8, 2010 441 WHEREAS, the City of Elgin has passed a comprehensive plan and a zoning ordinance for the City of Elgin; and WHEREAS, the Planning and Development Commission of the City of Elgin has reviewed said application and recommended that the application be denied; and WHEREAS, the proposed reclassification threatens an adverse effect upon the value of surrounding properties and is inconsistent with the comprehensive plan of the City of Elgin; and WHEREAS, 55 ILCS 5/5-12014 provides for a protest procedure by a municipality to proposed text amendments or map amendments to county zoning ordinances where the land affected lies within one and one-half miles of the limits of a zoned municipality and in the event of such a protest by the municipality the proposed amendment shall not be passed except by the favorable vote of three-quarters of all of the members of the county board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby protests the proposed map amendment and reclassification of the above described territory from F District Farming to E1 District Estate and E2 District Estate. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to file a certified copy of this resolution with the County Clerk of Kane County and to serve a certified copy of this resolution on the applicant for the proposed map amendment and a copy upon the applicant’s attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. s/ Ed Schock Ed Schock, Mayor Presented: September 8, 2010 Adopted: September 8, 2010 Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk SEPTEMBER 8, 2010 VOLUME LXXV 442 RESOLUTION 10-177 ADOPTED CONCERNING A PUBLIC MEETING TO BE CONDUCTED AS REQUIRED BY THE TAX INCREMENT ALLOCATION REDEVELOPMENT ACT (PROPOSED BLUFF CITY QUARRY TIF DISTRICT) Councilmember Warren made a motion, seconded by Councilmember Steffen, 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. 10-177 RESOLUTION CONCERNING A PUBLIC MEETING TO BE CONDUCTED AS REQUIRED BY THE TAX INCREMENT ALLOCATION REDEVELOPMENT ACT (Proposed Bluff City Quarry TIF District) WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois (the “City”) is studying the possible designation of certain real property located in the City (the “Property”) as described and depicted on Exhibit A attached hereto and incorporated herein by reference as a “redevelopment project area” as that term is defined in the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq. (the “Act”); and WHEREAS, the proposed redevelopment project area contains seventy five (75) or more inhabited residential units; and WHEREAS, the Act requires the City to conduct a public meeting (the “Meeting”) for the purpose of enabling the City to advise the public, taxing districts having real property in the proposed redevelopment project area, taxpayers who own property in the proposed redevelopment project area and residents in the area as to the City’s possible intent to prepare a redevelopment plan and designate a redevelopment project area and to receive public comment; and WHEREAS, it is in the best interests of the City to take the actions set forth below: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, AS FOLLOWS: SECTION 1: The statements set forth in the preamble to this Resolution are found to be true and correct and are adopted as part of this Resolution. SECTION 2: Sarosh Saher, Senior Planner for the City, is hereby designed as the municipal official who shall conduct the Meeting. Mr. Saher is authorized to set the time and place of the Meeting without the necessity of further resolution or ordinance of the City. The Meeting shall be held at least 14 business days prior to the mailing of those notices described in Section 11-74.4-6(c) of the Act. VOLUME LXXV SEPTEMBER 8, 2010 443 SECTION 3: Notice of the Meeting, substantially in the form attached hereto as Exhibit B and incorporated herein by reference (the “Notice”), shall be given by mail not less than 15 days prior to the date of the Meeting. The Notice shall be sent by certified mail to all taxing districts having real property in the proposed redevelopment project area and to all entities that have registered with the City pursuant to Section 11-74.4-4.2 of the Act. The Notice shall also be sent by regular mail to each residential address and the person or persons in whose name property taxes were paid on real property for the last preceding year located within the proposed redevelopment project area. SECTION 4: All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict. SECTION 5: This Resolution shall be in full force and effect from and after its passage and approval, as provided by law. If any provision of this Resolution is held to be invalid by a court of competent jurisdiction, then that provision shall be stricken from this Resolution and the remainder of this Resolution shall continue in full force and effect to the extent possible. s/ Ed Schock Ed Schock, Mayor Presented: September 8, 2010 Adopted: September 8, 2010 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-178 ADOPTED CEDING CITY'S RECOVERY ZONE FACILITIES BOND (RZFB) VOLUME CAP TO THE ILLINOIS FINANCE AUTHORITY FOR A PROJECT OF STATEWIDE IMPORTANCE INVOLVING SUBSTANTIAL JOB RETENTION AND CREATION (MATERIALS TO FOLLOW) Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. SEPTEMBER 8, 2010 VOLUME LXXV 444 Resolution No. 10-178 RESOLUTION REALLOCATING CITY OF ELGIN’S RECOVERY ZONE FACILITY BOND ALLOCATION TO THE ILLINOIS FINANCE AUTHORITY WHEREAS, Section 1401 of Title I of Division B of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5 Stat. 115 2009 (“ARRA”) authorizes state and local governments to issue Recovery Zone Facility Bonds; and WHEREAS, Recovery Zone Facility Bonds may be use to finance certain “recovery zone property,” as such term is defined in ARRA; and WHEREAS, the term “Recovery Zone” means: (1) any area designated by the issuer as having significant poverty, unemployment, rate of home foreclosures or general distress; (2) any area designated by the issuer as economically distressed by reason of the closure or realignment of a military installation pursuant to the Defense Base Closure and Realignment Act of 1990, and (3) any area for which a designation as an empowerment zone or renewal community is in effect as of the effective date of ARRA, which effective date is February 17, 2009; and WHEREAS, Recovery Zone Facility Bonds must be issued before January 1, 2011; and WHEREAS, the City of Elgin (“City”) received the following allocation for calendar year 2010 for Recovery Zone Facility Bonds from the federal government: $8,520,000; and WHEREAS, the City has not used the following portion of such recovery zone facility bond allocation (“Remaining Volume Cap”): $8,520,000 and may allocate the Remaining Volume Cap in any reasonable manner as the City shall determine in good faith at its discretion for use for eligible costs of recovery zone property; and WHEREAS, the City Council of the City of Elgin (“City Council”) has determined that it is in the best interest of the residents of the City and the residents of the State of Illinois to reallocate and waive the Remaining Volume Cap to the Illinois Finance Authority, as designee of the State of Illinois, in accordance with the provisions of 20 ILCS 3501/825-105 (“Act”) to be applied toward the issuance of recovery zone facility bonds (“Bonds”) by the Illinois Finance Authority to finance eligible costs of recovery zone property for a project; and WHEREAS, this matter was discussed at the September 8, 2010 City Council meeting and recommended by the City Council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN that the City hereby reallocates and waives the Remaining Volume Cap to the Illinois Finance Authority to be used for the purposes described herein, and the adoption of this VOLUME LXXV SEPTEMBER 8, 2010 445 Resolution shall be deemed to be an allocation of such Remaining Volume Cap to the issuance of the Bonds; BE IT FURTHER RESOLVED THAT, the transfer by the City of the Remaining Volume Cap is contingent upon the payment by Navistar International Corporation, its successors, assigns or related persons, to the City of a fee equal to .125% of the amount transferred and used for the issuance of the Bonds, payment being conditioned upon and due concurrently with, the issuance of the Bonds; BE IT FURTHER RESOLVED THAT, the City hereby represents that it has taken no action or issued bonds which would abrogate, diminish or impair its ability to fulfill the written agreement, covenants and undertakings on its part under this Resolution; BE IT FURTHER RESOLVED THAT, the Mayor is authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to further the purposes and intent of this Resolution, which may include a representation on behalf of the City that the Remaining Volume Cap reallocated hereby has not been used and is available for reallocation under ARRA and the Act; and BE IT FURTHER RESOLVED THAT this Resolution 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: September 8, 2010 Adopted: September 8, 2010 Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE S4-10 PASSED AUTHORIZING THE ESTABLISHMENT OF INTERESTED PARTIES REGISTRIES AND ADOPTING RULES FOR SUCH REGISTRIES FOR REDEVELOPMENT PROJECT AREAS IN THE CITY OF ELGIN Councilmember Steffen made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. SEPTEMBER 8, 2010 VOLUME LXXV 446 Ordinance No. S4-10 ORDINANCE AUTHORIZING THE ESTABLISHMENT OF INTERESTED PARTIES REGISTRIES AND ADOPTING RULES FOR SUCH REGISTRIES FOR REDEVELOPMENT PROEJCT AREAS IN THE CITY OF ELGIN WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois (the “City”) is considering the designation of a “redevelopment project area or areas”, or has previously designated such areas, as defined in the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et. seq. (the “Act”), pursuant to the provisions of the Act; WHEREAS, pursuant to Section 11-74.4-4.2 of the Act, the City is required to establish certain interested parties’ registries (individually, a “Registry” and collectively, the “Registries”) and adopt registration rules for such Registries; WHEREAS, the City desires to adopt this ordinance in order to comply with such requirements of the Act; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: SECTION 1: The statements set forth in the preamble to this Ordinance are found to be true and correct and are adopted as part of this Ordinance. SECTION 2: The City Clerk or his designee is hereby authorized and directed to create a Registry in accordance with Section 11-74.4-4.2 of the Act for each Redevelopment Project Area created under the Act and not terminated by the City, created after the date of the adoption of this Ordinance. SECTION 3: In accordance with Section 11-74.4-4.2 of the Act, the City hereby adopts the registration rules attached hereto as Exhibit A and incorporated herein by reference (the “Rules”) as the Rules for each Registry. The City’s Corporate Authorities may amend such Rules from time to time as may be necessary or desirable to comply with and carry out the purposes intended by the Act. SECTION 4: The City Clerk or his designee is hereby authorized and directed to cause the publication of the notice that interested persons may register with the City in order to receive information of the proposed designation of the redevelopment project area (the “Notice”), said Notice being substantially in the form attached hereto as Exhibit B and incorporated herein by reference, in a newspaper of general circulation within the City. SECTION 5: All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict. VOLUME LXXV SEPTEMBER 8, 2010 447 SECTION 6: This ordinance shall be in full force and effect from and after its passage and approval, as provided by law. If any provision of this ordinance is held to be invalid by a court of competent jurisdiction that provision shall be stricken from this ordinance and the remainder of this ordinance shall continue in full force and effect to the extent possible. s/ Ed Schock Ed Schock, Mayor Presented: September 8, 2010 Passed: September 8, 2010 Vote: Yeas: 7 Nays: 0 Recorded: September 9, 2010 Published: September 10, 2010 Attest: s/ Diane Robertson Diane Robertson, City Clerk CONSENT AGENDA By unanimous consent, Councilmember Warren made a motion, seconded by Councilmember Gilliam, to adopt Resolution Nos. 10-172 to 10-175 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 10-172 ADOPTED AUTHORIZING EXECUTION OF LOCAL AGENCY AMENDMENT #1 WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION IN CONSTRUCTION OF THE SUMMIT STREET LOCAL AGENCY PAVEMENT PRESERVATION PROJECT Councilmember Warren made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Councilmember Dunne noted that he is disappointed that someone who is participating in the city’s façade improvement program has now raised the rent on that property. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. SEPTEMBER 8, 2010 VOLUME LXXV 448 Resolution No. 10-172 RESOLUTION AUTHORIZING EXECUTION OF LOCAL AGENCY AMENDMENT #1 WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR FEDERAL PARTICIPATION IN CONSTRUCTION OF THE SUMMIT STREET LOCAL AGENCY PAVEMENT PRESERVATION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and directed to execute local agency amendment #1 on behalf of the City of Elgin with the Illinois Department of Transportation for federal participation in construction of the Summit Street Local Agency Pavement Preservation Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 8, 2010 Adopted: September 8, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-173 ADOPTED ACCEPTING A PLAT OF DEDICATION FOR PUBLIC ROAD (ERIE STREET-AREA V SPECIAL ASSESSMENT) Councilmember Warren made a motion, seconded by Councilmember Gilliam, 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. 10-173 RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR PUBLIC ROAD (Erie Street - Area V Special Assessment) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of dedication for public road prepared by URS Corporation, an Illinois Land Surveyor, and dated August 12, 2008, for the property legally described as follows: VOLUME LXXV SEPTEMBER 8, 2010 449 PARCEL 1 The north 17.00 feet (as measured perpendicular to the north line thereof) of: That part of the Northwest ¼ of Section 23, Township 41 North, Range 8, East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of said corner of said section; thence East along the section line, 122.73 feet; thence South 30 degrees 22 minutes East, 58 feet; thence South 59 degrees 38 minutes West, 106.49 feet to the easterly line of Lot XI of County Clerk's Subdivision; thence North 30 degrees West along the easterly line of Lot XI of County Clerk's Subdivision, 119.3 feet to the place of beginning, in the City of Elgin, Kane County, Illinois. Said parcel contains 0.048 acres (2,087 square feet), more or less. PARCEL 2 The north 17.00 feet (as measured perpendicular to the north line thereof) of: That part of the Northwest ¼ of Section 23, Township 41 North, Range 8, East of the Third Principal Meridian, described as follows: Beginning at a point in the north line of said Quarter, 4.60 chains east of the northwest corner thereof; thence South 30 degrees 15 minutes East to a point 281.1 feet northwesterly (measured along same course) from the centerline of the highway (South Street); thence North 59 degrees 30 minutes East parallel with said centerline of the highway, 99 feet; thence North 30 degrees 15 minutes West to the north line of said Northwest ¼; thence west along the north line of said Northwest ¼ to the point of beginning, in the City of Elgin, Kane County, Illinois. Said parcel contains 0.045 acres (1,948 square feet), more or less. PARCEL 3 The north 17.00 feet (as measured perpendicular to the north line thereof) of: That part of the Northwest ¼ of Section 23, Township 41 North, Range 8, East of the Third Principal Meridian, described as follows: Commencing at a point in the north line of said Quarter, 4.60 chains east of the northwest corner thereof; thence South 30 degrees 15 minutes 00 seconds East, 4.05 chains to a point 2 chains North 30 degrees 15 minutes 00 seconds West from the northerly line of South Street; thence North 59 degrees 30 minutes 00 seconds East, parallel with the northerly line of South Street, 1.50 chains for a point of beginning; thence North 59 degrees 30 minutes 00 seconds East, parallel with the northerly line of South Street, 66 feet; thence North 30 degrees 15 minutes 00 seconds West to the north line of Section 23; thence west along the said north line of Section 23 to the northeast corner of the premises conveyed to James E. Newcomer by deed dated SEPTEMBER 8, 2010 VOLUME LXXV 450 November 1, 1920 and recorded November 9, 1920 as Document 192805 in Book 665, Page 56; thence South 30 degrees 15 minutes 00 seconds East along the easterly line of said premises to the point of beginning, in the City of Elgin, Kane County, Illinois. Said parcel contains 0.030 acres (1,299 square feet), more or less. PARCEL 4 The north 17.00 feet (as measured perpendicular to the north line thereof) of: That part of the Northwest ¼ of Section 23, Township 41 North, Range 8, East of the Third Principal Meridian, described as follows: Commencing at a point on the north line of said Quarter, 4.60 chains east of the northwest corner thereof; thence South 30 degrees 15 minutes East, 6.55 chains to the centerline of South Street; thence North 59 degrees 30 minutes East along said centerline, 2.50 chains; thence North 30 degrees 15 minutes West, 177 feet for the point of beginning; thence North 59 degrees 30 minutes East parallel with the centerline of South Street, 66 feet; thence North 30 degrees 15 minutes West 126.3 feet to the north line of said Northwest Quarter; thence west along said north line, 76 feet to a line drawn North 30 degrees 15 minutes West from the point of beginning; thence South 30 degrees 15 minutes East, 166.3 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. Said parcel contains 0.030 acres (1,299 square feet), more or less. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause said plat of dedication to be filed with the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: September 8, 2010 Adopted: September 8, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXV SEPTEMBER 8, 2010 451 RESOLUTION 10-174 ADOPTED AUTHORIZING EXECUTION OF A FAÇADE IMPROVEMENT PROGRAM AGREEMENT WITH PATRICK SAKOLARI (216 EAST CHICAGO STREET) Councilmember Warren made a motion, seconded by Councilmember Gilliam, 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. 10-174 RESOLUTION AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT PROGRAM AGREEMENT WITH PATRICK SAKOLARI (216 East Chicago Street) 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 facade improvement program agreement on behalf of the City of Elgin with Patrick Sakolari for the property commonly known as 216 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 8, 2010 Adopted: September 8, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-175 ADOPTED ACCEPTING AND AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR STORM SEWER PURPOSES FROM SENIOR LIFESTYLE CORPORATION (PORTION OF 508 N. MCLEAN BOULEVARD) Councilmember Warren made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. SEPTEMBER 8, 2010 VOLUME LXXV 452 Resolution No. 10-175 RESOLUTION ACCEPTING AND AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR STORM SEWER PURPOSES FROM SENIOR LIFESTYLE CORPORATION (Portion of 508 N. McLean Boulevard) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts and Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an easement agreement for storm sewer purposes from Senior Lifestyle Corporation for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ Ed Schock Ed Schock, Mayor Presented: September 8, 2010 Adopted: September 8, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Warren made a motion, seconded by Councilmember Gilliam, 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. Building Commission – April 8, 2010 Lords Park Advisory Task Force – July 20, 2010 Committee of the Whole Minutes – August 25, 2010 City Council Minutes – August 25, 2010 VOLUME LXXV SEPTEMBER 8, 2010 453 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. 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 8:25 p.m. s/ Diane Robertson September 22, 2010 Diane Robertson, City Clerk Date Approved