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HomeMy WebLinkAbouts - October 13, 2010 CC486 OCTOBER 13, 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 October 13, 2010, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:40 p.m. In lieu of an invocation or a moment of silence, Councilmember Dunne reflected on the rescue of the miners in Chile. The Pledge of Allegiance was led by Mayor Schock. ROLL CALL Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Absent: None. MINUTES OF THE SEPTEMBER 22, 2010, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Warren, to approve the September 22, 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 Domestic Violence Awareness Month Mayor Schock read a proclamation recognizing October as Domestic Violence Month. Gretchen Vapnar, director of the Community Crisis Center, accepted the proclamation and thanked the city for its relationship with the Center. She noted that the Crisis Center was celebrating its thirty- fifth anniversary and also that forty-two women and children were housed at the Center this evening. Retirement of Canine Kregin (Officer Travis Hooker) Mayor Schock read a proclamation recognizing Canine Kregin for his service to the city. Officer Travis Hooker accepted the proclamation and spoke about his nine year relationship with Canine Kregin. VOLUME LXXV OCTOBER 13, 2010 487 RECOGNIZE PERSONS PRESENT John Rothenberger thanked the city for the early retirement incentive program and for the Highland Glenn Road improvements. He also expressed concerns about the Harvest Bible Church request for a fence permit. If the fence is approved, he believes that a number of large trees will have to be removed. Dale Nordhausen lives near Harvest Bible Church and he is not in favor of a fence being permitted to be erected. George Rouch lives near Harvest Bible Church and he is not in favor of a fence being permitted. John Collins read copies of police reports regarding the shooting a pit bull near Festival Park last spring. BID 10-048 AWARDED TO FIEBIG CONTRACTING GROUP, LLC FOR CATCH BASIN SITE REPAIR Councilmember Kaptain made a motion, seconded by Councilmember Gilliam, to award Bid No. 10‐048, catch basin site repair to Fiebig Contracting Group, LLC in the amount of $27,490.93. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. BID 10-049 AWARDED TO AMERICAN ROOFING AND REPAIR CO. FOR AIRLITE ROOF REPLACEMENT Councilmember Warren made a motion, seconded by Councilmember Steffen, to award Bid No. 10‐049, for the Airlite roof replacement to American Roofing and Repair Co. in the amount of $29,869. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. PETITION 22-10 APPROVED REQUESTING AN AMENDMENT TO TITLE 19, ZONING, OF THE ELGIN MUNICIPAL CODE, PERTAINING TO AMENDMENTS TO CHAPTER 19.50.105 AREAS OF SPECIAL CHARACTER; BY COMMUNITY COLLEGE DISTRICT #509, AS APPLICANT Sarosh Saher, Senior Planner, reviewed the petition. He explained that Elgin Community College is considered an area of special character that allows them to install signage not otherwise allowed by city ordinance. They are proposing to install five LED signs at the entrances of their campus. He reported that the Planning and Development Commission had conducted a public hearing and recommended approval of this petition. OCTOBER 13, 2010 VOLUME LXXV 488 Councilmember Warren made a motion, seconded by Councilmember Gilliam, to approve Petition 22-10. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Prigge abstained due to a conflict of interest. PETITION 23-10 APPROVED REQUESTING AN AMENDMENT FROM CF COMMUNITY FACILITY DISTRICT AND GI GENERAL INDUSTRIAL DISTRICT TO PCF PLANNED COMMUNITY FACILITY DISTRICT TO ESTABLISH SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN AN AREA OF SPECIAL CHARACTER, PROPERTY LOCATED AT 1700 SPARTAN DRIVE; BY COMMUNITY COLLEGE DISTRICT #509 AS APPLICANT, AND COMMUNITY COLLEGE DISTRICT #509 AND CITY OF ELGIN, AS OWNERS Sarosh Saher, Senior Planner, reviewed the petition regarding the proposed regulations of LED signs to be installed on the Elgin Community College campus. He reported that the Planning and Development Commission had conducted a public hearing and recommended approval of this petition subject to conditions. John Early, of Elgin Community College, stated that the signs are required by federal regulations to alert students, faculty, and visitors to the campus of any safety concerns happening on the campus. Dr. David Sam, President of ECC, stated that the campus is a FEMA Center and that should there be an emergency, informational messages can be placed on the proposed signs. During periods of non-emergency, information on college events will be placed on the signs. Dr. Sam felt these signs will be models for other communities and campuses. Councilmember Warren made a motion, seconded by Councilmember Gilliam, to approve Petition 23-10 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Prigge abstained due to a conflict of interest. ORDINANCE G47-10 PASSED AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Prigge abstained due to a conflict of interest. VOLUME LXXV OCTOBER 13, 2010 489 Ordinance No. G47-10 AN ORDINANCE AMENDING CHAPTER 19.50 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "STREET GRAPHICS" WHEREAS, written application has been made to amend the City's Street Graphics Ordinance; and WHEREAS, the Planning and Development Commission has held a public hearing concerning the proposed amendments after due notice in the manner provided by law; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendations that the requested amendments be granted, to designate Community College District #509, 1700 Spartan Drive, also known as Elgin Community College as an area of special character; and WHEREAS, the City Council concurs in the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.50.105 of the Elgin Municipal Code, 1976, as amended entitled “Areas of Special Character,” be and is hereby further amended by amending subparagraph A thereof by adding the following additional provision thereto: 4. The Community College District #509, property commonly known as 1700 Spartan Drive, located South of State Route 20, north of the College Green Subdivision, West of McLean Boulevard, and East of Randall Road, and which such zoning lots are occupied by the 179-acre campus of Elgin Community College. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. s/ Ed Schock Ed Schock, Mayor OCTOBER 13, 2010 VOLUME LXXV 490 Presented: October 13, 2010 Passed: October 13, 2010 Vote: Yeas: 6 Nays: 0 Recorded: October 14, 2010 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G48-10 PASSED ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN THE COMMUNITY COLLEGE DISTRICT #509 AREA OF SPECIAL CHARACTER (1700 SPARTAN DRIVE-ELGIN COMMUNITY COLLEGE) Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Prigge abstained due to a conflict of interest. Ordinance No. G48-10 AN ORDINANCE ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS WITHIN THE COMMUNITY COLLEGE DISTRICT #509 AREA OF SPECIAL CHARACTER (1700 Spartan Drive – Elgin Community College) WHEREAS, Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, provides that the City Council may designate specific locations within the City as areas of special character in order to provide appropriate flexibility in the regulation of street graphics through the adoption of special regulation for these areas that can vary from the regulations contained within the City’s Street Graphics Ordinance; and WHEREAS, the City Council, in its Ordinance No. G47-10, has designated as an Area of Special Character defined the property as The Community College District #509 property commonly known as 1700 Spartan Drive, located South of State Route 20, North of the College Green Subdivision, West of McLean Boulevard, and East of Rand R oad, and which such zoning lots are occupied by the 179-acre campus of Elgin Community College, pursuant to Section 19.50.105; and WHEREAS, written application has been made to adopt special regulations for street graphics within the Community College District #509 Area of Special Character; and VOLUME LXXV OCTOBER 13, 2010 491 WHEREAS, the Planning and Development Commission has held a public hearing concerning the proposed special regulations; and WHEREAS, the Planning and Development Commission has submitted its written findings and recommendations that the special regulations for street graphics be granted; and WHEREAS, the City Council has previously determined that the Community College District #509 Area of Special Character has unique characteristics including the main campus’s location, access, and safety concerns; and WHEREAS, the City Council further finds that the existing and proposed uses within the campus of Community College District #509 present specific unique challenges and demands such that the City’s Street Graphics Ordinance cannot adequately regulate street graphics for such use in such area; and WHEREAS, the proposed special regulations for the Community College District #509 campus area are consistent with the unique character and unique use of the Community College District #509 Area of Special Character and departures from the Street Graphics Ordinance contained within such proposed special regulations are limited to address the unique and particular area characteristics and use characteristics of the Community College District #509 Area of Special Character. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following special regulations for street graphics for the Community College District #509 Area of Special Character be and are hereby granted as follows and subject to the following terms and conditions: 1. Area Defined: Community College District #509, an Area of Special Character defined as The Community College District #509 property commonly known as 1700 Spartan Drive, located South of State Route 20, North of the College Green Subdivision, West of McLean Boulevard, and East of Rand Road, and which such zoning lots are occupied by the 179-acre campus of Elgin Community College. 2. Substantial conformance to the Statement of Purpose and Conformance, submitted by the applicant, represented by John F. Early, Esq., of Early, Tousey, Regan & Wlodek, dated March 14, 2008, and ensuing “Rider.” 3. The five gateway entry signs (signs A, B, C-1, C-2 and C-3) shall be located on the Subject Property as depicted on the plat of survey prepared by Alan J. Coulson, P.C., dated August 6, 2010, revised August 31, 2010 showing sign locations. 4. Compliance with the Proposed Gateway Entry Sign Type A Plan for Gateway Entry Sign A prepared by DLA Architects dated August 24, 2010, attached hereto as Exhibit B-1, Spartan Drive West Entry Monument Plan prepared by DLA Architects OCTOBER 13, 2010 VOLUME LXXV 492 dated June 24, 2010, attached hereto as Exhibit B-2 and Future Gateway Entry Sign Type C Plan for gateway entry signs C-1, C-2 and C-3 prepared by DLA Architects dated August 24, 2010 attached hereto as Exhibit B-3. 5. Compliance with all other applicable codes and ordinances. 6. The Electronic Display Changeable Copy Graphics, also known as the Light Emitting Diode (LED) Message Center, portions of the signage depicted in Exhibits B-1, B-2 and B-3 shall also comply with the following additional standards: a. All images, displays or messages of any type or nature (hereinafter collectively “Image” or “Images”) shall be static without any type of movement or motion whether the Images are in the form of animation, video, text or otherwise. No continuous traveling, scrolling, flashing, spinning, revolving or shaking, or any other type of movement or motion of an Image shall be allowed. b. The rate of change for any Image shall be for a minimum period of no less than ten (10) seconds, i.e., each Image displayed shall be displayed for a minimum period of no less than ten (10) seconds. c. Any Image or message change sequence shall be accomplished immediately with no transition by changing from one screen to another or by means of fade or dissolve mode. d. Maximum brightness levels for the Electronic Display Changeable Copy Graphics (the LED panel) shall not exceed 5,000 nits when measured from the sign's face at its maximum brightness, during daytime hours, and 500 nits when measured from the sign's face at its maximum brightness between dusk and dawn, i.e., the time of day between sunrise and sunset. The Electronic Changeable Copy Graphics within the signs on the Subject Property shall include an ambient light meter and programmable or manual dimming capacity. e. The Electronic Changeable Copy Graphics portions of the signs on the Subject Property, also known as the Light Emitting Diode (LED) Message Center Signage, as well as all other street graphics within the Subject Property shall not be operated, in whole or in part, as an Off Premises Street Graphic. f. The Electronic Changeable Copy Graphics portions of the signs on the Subject Property, also known as the Light Emitting Diode (LED) Message Center Signage, shall display Images limited solely and only to displaying in text and messages pertaining to the safety concerns and/or activities of the Elgin Community College campus. g. In the event of any conflict between the standards for the Electronic Changeable Copy Graphics, also known as the Light Emitting Diode (LED) Message Center Signage, as provided in this subsection 5 and the provisions within the plans included in Exhibits B-1, B-2 and B-3 attached hereto, the provisions of this VOLUME LXXV OCTOBER 13, 2010 493 subsection 6 shall supersede and control. 7. In the event of any conflict between the special regulations for the Community College District #509 Area of Special Character as provided herein, and the provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics”, the provisions of these special regulations for the Community College District #509 Area of Special Character shall supersede and control. 8. With the sole exceptions of the special regulations for the Community College District #509 Area of Special Character as specifically set forth herein, all other provisions of Chapter 19.50 of the Elgin Municipal Code, 1976, as amended, entitled “Street Graphics” shall apply within the Community College District #509 Area of Special Character. Section 2. This ordinance shall be in full force and effect upon its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: October 13, 2010 Passed: October 13, 2010 Vote: Yeas: 6 Nays: 0 Recorded: October 14, 2010 Published: Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-195 ADOPTED APPROVING PROPOSED GRANT RECIPIENTS FOR THE CENTER CITY COMMERCIAL RETROFIT GRANT PROGRAM Councilmember Warren made a motion, seconded by Councilmember Gilliam, to adopt the following resolution. Councilmember Steffen suggested that this program and the residential energy loan program become a long term line item in the budget. He also felt that an energy audit should be required as one of the criteria for consideration and that the program should be expanded past the downtown area. In addition, he would like to see a committee become part of the review process of the applications. OCTOBER 13, 2010 VOLUME LXXV 494 Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Prigge, Steffen, Warren, and Mayor Schock. Nays: Councilmember Kaptain. Resolution No. 10-195 RESOLUTION APPROVING PROPOSED GRANT RECIPIENTS FOR THE CENTER CITY COMMERCIAL RETROFIT GRANT PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the city council hereby approves the following proposed grant recipients for the Center City Commercial Retrofit Grant Program: Owner/Applicant Address Name of Building Grant Amount Jim Wicker 79 S. Grove Avenue Whiskey Point Bldg. $29,500.00 Bill Jones 19 S. Spring Street Morgan Building $15,534.00 Steve Schimmel 25 S. Grove Avenue Burritt Building $18,650.00 Jay Fisher 164 Division Street Professional Bldg. $68,500.00 Julia McClendon 220 E. Chicago Street YWCA Building $12,175.00 Don Rage 21 Douglas Avenue Vacant Retail Store $12,650.00 Beth McClory 101 S. Grove Avenue Senior Services Ctr. $42,500.00 Pat Sakolari 216 E. Chicago Street Top Notch Tattoo $23,675.00 Pat Sakolari 214 E. Chicago Street Owl's Club $ 8,900.00 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager, Sean R. Stegall, be and is hereby authorized to enter into grant agreements with the above proposed grant recipients in a form of agreement as approved by the Corporation Counsel. Any Center City Commercial Retrofit Grant shall be subject to and contingent upon the entry into such a Grant Agreement and the grantee’s compliance with all of the terms of such Grant Agreement. s/ Ed Schock Ed Schock, Mayor Presented: October 13, 2010 Adopted: October 13, 2010 Vote: Yeas: 6 Nays: 1 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXV OCTOBER 13, 2010 495 ORDINANCE S5-10 PASSED PROVIDING FOR THE ISSUANCE OF $6,980,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010C, OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Councilmember Steffen made a motion, seconded by Councilmember Warren, to remove Ordinance S5-10 from the table for consideration. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Warren made a motion, seconded by Councilmember Kaptain, to pass Ordinance S5-10 which is on file in the City Clerk’s office for review. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. ORDINANCE S5-10 IS ON FILE IN THE CITY CLERK’S OFFICE. CONSENT AGENDA By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to pass Ordinance No. G46-10 and adopt Resolution Nos. 10-188 through 10-194 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. RESOLUTION 10-188 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR 2011 EAGLE HEIGHTS NORTH WATER MAIN AND STREET REHABILITATION PROJECT Councilmember Dunne 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. 10-188 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & McDONNELL ENGINEERING COMPANY, INC. FOR 2011 EAGLE HEIGHTS NORTH WATER MAIN AND STREET REHABILITATION PROJECT 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 OCTOBER 13, 2010 VOLUME LXXV 496 an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER 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 Burns & McDonnell Engineering Company, Inc. for the 2011 Eagle Heights North Water Main and Street Rehabilitation Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 13, 2010 Adopted: October 13, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-189 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON LENZINI AND RENWICK, INC. FOR 2011 CENTER/SENECA NEIGHBORHOOD STREET REHABILITATION PROJECT Councilmember Dunne 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. 10-189 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH HAMPTON LENZINI AND RENWICK, INC. FOR 2011 CENTER/SENECA NEIGHBORHOOD STREET REHABILITATION PROJECT 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 Hampton VOLUME LXXV OCTOBER 13, 2010 497 Lenzini and Renwick, Inc. for the 2011 Center/Seneca Neighborhood Street Rehabilitation Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 13, 2010 Adopted: October 13, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-190 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR 2011 STREET REHABILITATION PROGRAM-RAYMOND STREET Councilmember Dunne 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. 10-190 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ENGINEERING ENTERPRISES, INC. FOR 2011 STREET REHABILITATION PROGRAM-RAYMOND STREET 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 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 Engineering Enterprises, Inc. for the 2011 Street Rehabilitation Program-Raymond Street, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor OCTOBER 13, 2010 VOLUME LXXV 498 Presented: October 13, 2010 Adopted: October 13, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-191 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR 2011 NORTH STREET/PORTER STREET NEIGHBORHOOD STREET REHABILITATION PROJECT Councilmember Dunne 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. 10-191 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHRISTOPHER B. BURKE ENGINEERING, LTD. FOR 2011 NORTH STREET/PORTER STREET NEIGHBORHOOD STREET REHABILITATION PROJECT 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 Christopher B. Burke Engineering, Ltd. for the 2011 North Street/Porter Street Neighborhood Street Rehabilitation Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 13, 2010 Adopted: October 13, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk VOLUME LXXV OCTOBER 13, 2010 499 RESOLUTION 10-192 ADOPTED AUTHORIZING EXECUTION OF A MASTER PREMIER LEASE AGREEMENT WITH KONICA MINOLTA PREMIER FINANCE Councilmember Dunne 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. 10-192 RESOLUTION AUTHORIZING EXECUTION OF A MASTER PREMIER LEASE AGREEMENT WITH KONICA MINOLTA PREMIER FINANCE 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 a Master Premier Lease Agreement and related documents on behalf of the City of Elgin with Konica Minolta Premier Finance, a program of Konica Minolta Business Solutions U.S.A., Inc., for the lease of eighteen multi-functional devices, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 13, 2010 Adopted: October 13, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-193 ADOPTED AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (505 DUNDEE AVENUE) Councilmember Dunne 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. OCTOBER 13, 2010 VOLUME LXXV 500 Resolution No. 10-193 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE SALES CONTRACT (505 Dundee Avenue) 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 a real estate sales contract on behalf of the City of Elgin with RHC Associates, for the sale of property commonly known as 505 Dundee Avenue, for $200,000, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 13, 2010 Adopted: October 13, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk RESOLUTION 10-194 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Dunne 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. 10-194 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jerry Turnquist be and is hereby reappointed as a member of the Bicycle and Pedestrian advisory Committee, for a term to expire September 30, 2013. BE IT FURTHER RESOLVED that Darlene Hulin be and is hereby appointed as a member of the Cultural Arts Commission, for a term that expires November 1, 2012. VOLUME LXXV OCTOBER 13, 2010 501 BE IT FURTHER RESOLVED that Joanne Hartmann be and is hereby appointed as a member of the Hemmens Advisory Board, for a term that expires May 1, 2013. s/ Ed Schock Ed Schock, Mayor Presented: October 13, 2010 Adopted: October 13, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk ORDINANCE G46-10 PASSED GRANTING A CONDITIONAL USE FOR CHILD DAYCARE SERVICES IN THE CF COMMUNITY FACILITY DISTRICT (525 CHURCH ROAD) Councilmember Dunne made a motion, seconded by Councilmember Gilliam, 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. G46-10 AN ORDINANCE GRANTING A CONDITIONAL USE FOR CHILD DAYCARE SERVICES IN THE CF COMMUNITY FACILITY DISTRICT (525 Church Road) WHEREAS, written application has been made requesting conditional use approval for child daycare services in the CF Community Facility 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 13, 2010 VOLUME LXXV 502 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated July 7, 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 establishment of Child Daycare Services in the CF Community Facility District at 525 Church Road and legally described as follows: Section 3. Lot 32 of North Elgin Industrial Plaza, Elgin, Illinois, Kane County, Illinois. Also, That part of the Southwest Quarter of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Southeast Quarter of Section 33, Township and Range aforesaid; thence South 29 minutes West along the West line of the Northeast Quarter of said Southeast Quarter 1,153.50 feet to the Northerly line of Parcel N-4D-62 acquired by the Illinois State Toll Highway Commission through proceedings filed in the Circuit Court of Kane County, Illinois, as Case 57-30; thence South 88 degrees 34 minutes East along said Northerly line 2,363.46 feet; thence North 1 degree 26 minutes East 650.06 feet; thence South 88 degrees 34 minutes East 463.97 feet to the Westerly line of a tract of land conveyed to the Illinois State Toll Highway Commission by deed dated October 4, 1957 and recorded October 28, 1957 in Book 1869, page 241 as Document 847718, for the point of beginning; thence North 88 degrees 34 minutes West 440.53 feet; thence North 10 degrees 01 minutes East 200 feet; thence South 88 degrees 34 minutes East 440.53 feet to the Westerly line of said Illinois State Toll Highway Commis sion tract; thence South 10 degrees 01 minutes West along Westerly line 200 feet to the point of beginning, in the City of Elgin, Township of Dundee, Kane County, Illinois (Property commonly known as 525 Church Road). be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Statement of Purpose and Conformance and attachments, submitted by Betty Bajana-Sbarounis, Agape Academy Project Manager, dated received May 27, 2010. 2. The Agape Academy of St. Sophia Creek Orthodox Church will be restricted to the first floor of the existing St. Sophia Greek Orthodox Church, located at 525 Church Road. 3. The use of the first floor bathrooms and foyer shall be exclusive to the use of the daycare center during its hours of operation. 4. Compliance with all applicable codes and ordinances. Section 4. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. VOLUME LXXV OCTOBER 13, 2010 503 Section 5. 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 13, 2010 Passed: October 13, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: October 14, 2010 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 Dunne, 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. Cultural Arts Commission – July 12, 2010 Emergency Telephone System Board – July 15, 2010 Design Review Subcommittee – June 22, August 10, and August 24, 2010 Heritage Commission – January 5, February 2, March 2, April 6, June 1, and July 6, 2010 Parks and Recreation Advisory Board – May 25, 2010 Planning and Development Commission – July 6, 2010 Zoning and Subdivision Hearing Board – July 21, 2010 Sales Tax – September 2010 Local Sales Tax – September 2010 State Income Tax – September 2010 State Use Tax – September 2010 Hotel/Motel Tax – September 2010 Disbursement Report Committee of the Whole Meeting – September 8, 2010 City Council Meeting – September 8, 2010 OCTOBER 13, 2010 VOLUME LXXV 504 ANNOUNCEMENTS Mayor Schock made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Gilliam made a motion, seconded by Councilmember Dunne, 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 8:30 p.m. s/ Diane Robertson October 27, 2010 Diane Robertson, City Clerk Date Approved