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HomeMy WebLinkAboutw - December 7, 2011 CC490 DECEMBER 7, 2011 VOLUME LXXVI 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, 2011, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 8:00 p.m. The Invocation was given by Pastor Thomas Atamian of The Refuge and the Pledge of Allegiance was led by Councilmember Richard Dunne. ROLL CALL Roll call was answered by Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Absent: Councilmember Gilliam. MINUTES OF THE NOVEMBER 16, 2011, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve the November 16, 2011, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RECOGNIZE PERSONS PRESENT John Tomasiewicz asked that the City work to ensure Porter’s Pub and Carlucci’s continue to work together. He felt Carlucci’s has done a wonderful job and would hate to see Porter’s Pub close. Len Sjostedt also expressed his concerns regarding the status of Porter’s Pub. Rob Kramer felt that the golf courses were an asset to the City and asked the City to not outsource this service. Bill Werst commented on the electrical aggregation that is being discussed by the Council as a potential referendum item for the March 2012 election. VOLUME LXXVI DECEMBER 7, 2011 491 PUBLIC HEARING ON TRUTH IN TAXATION Mayor Kaptain declared the public hearing open at 7:15 p.m.. Colleen Lavery, Chief Finance Officer, stated that the total property tax extended in 2010 to be collected in 2011 is $47,445,000. The total property tax extended in 2011 to be collected in 2012 is $46,445,000. This is a one million dollar or 2.1% decrease in the total amount of taxes levied. As noted in the five year plan, different non-property tax based revenue will be added and these additions will further decrease the property tax levy. Councilmember Dunne asked what the projected decrease would be over the course of the plan. Ms. Lavery stated at the end of the fifth year of the plan there would be a projected decrease of 25%. Councilmember Steffen pointed out that based on today’s dollars 11.8 million would be 25% of the 2010 tax levy. He asked if the final property tax numbers had been received from the county. Ms. Lavery noted the County has not provided the figures, but that they would be forwarded once they were received. Terry Gavin expressed his concerns about the proposed budget and the affect the usage fees would have on local businesses and the local economy. Chuck Keysor discussed the Chamber of Commerce’s role in the budget and how much funding they receive from the City. He cited an example of poor customer service that the Chamber provided. Jeff Meyer discussed the consequences of the budget as proposed and the new fees. He felt the refuse fee was not a swap for lower property taxes because a resident can’t deduct the refuse fee on their taxes. Toby Shaw, a member of the Budget Task Force, was disheartened by the proposed budget and that the Council did not take the Task Force’s recommendations regarding the riverboat funding. Mayor Kaptain declared the public hearing closed at 7:36 p.m.. PETITION 22-11 APPROVED REQUESTING AN AMENDMENT TO PCF PLANNED COMMUNITY FACILITY DISTRICT ORDINANCE NUMBER G41-06, TO ALLOW THE PROGRAM FOR GRAPHICS TO BE AMENDED; PROPERTY LOCATED AT 1425 NORTH RANDALL ROAD; BY SIGN PRODUCTIONS, INC., AS APPLICANT, AND SHERMAN HEALTH SYSTEMS, AN ILLINOIS NOT-FOR-PROFIT CORPORATION, AS OWNER Marc Mylott, Community Development Director, provided an overview of the petition regarding monument signs at the location including directional and identification signs. DECEMBER 7, 2011 VOLUME LXXVI 492 Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve Petition 22-11 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 11-202 ADOPTED RATIFYING THE EXECUTION OF AN INTERAGENCY AGREEMENT TO ACCEPT A GRANT FROM THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR A PART-TIME DOMESTIC VIOLENCE CASE MANAGER Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-202 RESOLUTION RATIFYING THE EXECUTION OF AN INTERAGENCY AGREEMENT TO ACCEPT A GRANT FROM THE ILLINOIS CRIMINAL JUSTICE INFORMATION AUTHORITY FOR A PART-TIME DOMESTIC VIOLENCE CASE MANAGER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of an Interagency Agreement by Colleen Lavery, Chief Financial Officer, and Jeffrey Swoboda, Chief of Police, to accept a grant from the Illinois Criminal Justice Information Authority in the amount of $38,858 regarding a part-time domestic violence case manager, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that David J. Kaptain, Mayor, is hereby authorized and directed to execute all documents necessary in conjunction with the subject grant program. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVI DECEMBER 7, 2011 493 RESOLUTION 11-203 ADOPTED AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FROM THE ILLINOIS EMERGENCY MANAGEMENT AGENCY FOR THE CITIZEN CORPS PROGRAM Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-203 RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT FROM THE ILLINOIS EMERGENCY MANAGEMENT AGENCY FOR THE CITIZEN CORPS PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, be and is hereby authorized and directed to execute a grant agreement with the Illinois Emergency Management Agency for the Citizen Corps Program, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-204 ADOPTED AUTHORIZING EXECUTION OF AN ILLINOIS ENVIRONMENTAL PROTECTION AGENCY GRANT APPLICATION FOR STORMWATER MANAGEMENT BEST PRACTICES FOR THE CITY HALL PARKING LOT PERMEABLE PAVER PROJECT Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. DECEMBER 7, 2011 VOLUME LXXVI 494 Resolution No. 11-204 RESOLUTION AUTHORIZING EXECUTION OF AN ILLINOIS ENVIRONMENTAL PROTECTION AGENCY GRANT APPLICATION FOR STORMWATER MANAGEMENT BEST PRACTICES FOR THE CITY HALL PARKING LOT PERMEABLE PAVER PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an Illinois Environmental Protection Agency grant application on behalf of the City of Elgin in connection with the stormwater best management practices for the City Hall Parking Lot Permeable Paver Project. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk CONSENT AGENDA By unanimous consent, to pass Ordinance No. G49-11 and adopt Resolution Nos. 11-192 through 11-201 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 11-192 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL FOR THE CONTRACT WITH VIRGIL COOK AND SONS, INC. FOR PEDESTRIAN CROSSING AT COLLEGE GREEN DRIVE AND RANDALL ROAD Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVI DECEMBER 7, 2011 495 Resolution No. 11-192 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL FOR THE CONTRACT WITH VIRGIL COOK AND SONS, INC. FOR THE PEDESTRIAN CROSSING AT COLLEGE GREEN DRIVE AND RANDALL ROAD WHEREAS, the City of Elgin has heretofore entered into a contract with Virgil Cook & Sons, Inc. for pedestrian crossing at College Green Drive and Randall Road; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final, attached hereto. NOW, THEREFORE, 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 Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-193 ADOPTED ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS IN UNITS 1 AND 2 OF THE TALL OAKS SUBDIVISION Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. DECEMBER 7, 2011 VOLUME LXXVI 496 Resolution No. 11-193 RESOLUTION ACCEPTING FOR OWNERSHIP AND MAINTENANCE CERTAIN PUBLIC IMPROVEMENTS IN UNITS 1 AND 2 OF THE TALL OAKS SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts, subject to the terms of the Acceptance Agreement with the Developer, for ownership and maintenance in the Tall Oaks Subdivision Units 1 and 2 the following public improvements: the public streets, street lighting, street signage, storm sewers, water mains, sanitary sewers and their related appurtenances. Acceptance of these improvements will add approximately 14,599 lineal feet of 8-inch water main, 2,665 lineal feet of 12-inch water main, 1,085 lineal feet of 16-inch water main, 1,196 lineal feet of 24-inch water main, thirty-five 8-inch valves in 4-foot vaults, six 12-inch valves in 5-foot vaults, three 16-inch valves in 6-foot vaults, one 24-inch valve in a 6-foot vault, 55 fire hydrants, 13,773 lineal feet of 8-inch sanitary sewer, 2,061 lineal feet of 10-inch sanitary sewer, 83 sanitary manholes, 7,230 lineal feet of 12-inch storm sewer, 2,922 lineal feet of 15-inch storm sewer, 2,400 lineal feet of 18-inch storm sewer, 1,717 lineal feet of 21-inch storm sewer, 2,315 lineal feet of 24-inch storm sewer, 56 lineal feet of 27-inch storm sewer, 1,577 lineal feet of 30-inch storm sewer, 1,039 lineal feet of 48-inch storm sewer, 308 lineal feet of 54-inch storm sewer, 153 catch basins/inlets, 100 storm manholes, 93 street lights, 86 street signs, 20,535 lineal feet of improved street, 41,070 lineal feet of curb and gutter, and their appurtenances to the city maintained facilities Notwithstanding the foregoing, and for the purposes of clarification, improvements not being accepted at this time include the park, sidewalks, detention facilities, bike paths, parkway improvements including trees, mulch, black dirt and sod along with four street lights along the north side of Gansett Parkway that were installed but not connected by ComEd. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVI DECEMBER 7, 2011 497 RESOLUTION 11-194 ADOPTED AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR STORM SEWER AND STORMWATER MANAGEMENT PURPOSES FROM TALL OAKS INVESTMENT, LLC (TALL OAKS SUBDIVISION UNIT 3) Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-194 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT FOR STORM SEWER AND STORMWATER MANAGEMENT PURPOSES FROM TALL OAKS INVESTMENT, LLC (Tall Oaks Subdivision Unit 3) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a plat of easement for storm sewer and stormwater management purposes from Tall Oaks Investment, LLC 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 plat of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 7, 2011 VOLUME LXXVI 498 RESOLUTION 11-195 ADOPTED APPROVING REIMBURSEMENT TO WYNDHAM DEERPOINT HOMES FOR THE COST OF OVERSIZING THE WATER MAIN IN THE TALL OAKS SUBDIVISION Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-195 RESOLUTION APPROVING REIMBURSEMENT TO WYNDHAM DEERPOINT HOMES FOR THE COST OF OVERSIZING THE WATER MAIN IN THE TALL OAKS SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby approves the reimbursement in the amount of $100,979.90 to Wyndham Deerpoint Homes for the cost of oversizing the water main in the Tall Oaks Subdivision from a 12-inch to 1,085 linear feet of 16-inch diameter and 1,196 linear feet of 24-inch diameter. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-196 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH LIFE STORAGE CENTERS, LLC FOR INTERIOR WATERMAIN REPAIRS (400-450 AIRPORT ROAD) Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVI DECEMBER 7, 2011 499 Resolution No. 11-196 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH LIFE STORAGE CENTERS, LLC FOR INTERIOR WATERMAIN REPAIRS (400-450 Airport Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement with Life Storage Centers, LLC on behalf of the City of Elgin for interior watermain repairs in connection with the property located at 400- 450 Airport Road, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-197 ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT AND PUBLIC IMPROVEMENTS DEDICATION AGREEMENT REGARDING CERTAIN PUBLIC IMPROVEMENTS AND WATERMAIN REPAIR PURPOSES FROM LIFE STORAGE CENTERS, LLC (400-450 AIRPORT ROAD) Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. DECEMBER 7, 2011 VOLUME LXXVI 500 Resolution No. 11-197 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AND PUBLIC IMPROVEMENTS DEDICATION AGREEMENT REGARDING CERTAIN PUBLIC IMPROVEMENTS AND WATERMAIN REPAIR PURPOSES FROM LIFE STORAGE CENTERS, LLC (400-450 Airport Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an easement and public improvements dedication agreement regarding certain public improvements and watermain repair purposes from Life Storage Centers, LLC, 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 and public improvements dedication agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-198 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL FOR THE CONTRACT WITH J & T SERVICES FOR THE 2009 CENTRAL BUSINESS DISTRICT WATER MAIN PROJECT Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVI DECEMBER 7, 2011 501 Resolution No. 11-198 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL FOR THE CONTRACT WITH J & T SERVICES FOR THE 2009 CENTRAL BUSINESS DISTRICT WATER MAIN PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with J & T Services for the 2009 Central Business District Water Main Project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final, attached hereto. NOW, THEREFORE, 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 Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-199 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHICAGO METROPOLITAN AGENCY FOR PLANNING (CMAP) FOR FUNDING OF THE CITY’S SIDEWALK GAP AND TRANSIT STOP STUDY PROJECT Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. DECEMBER 7, 2011 VOLUME LXXVI 502 Resolution No. 11-199 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHICAGO METROPOLITAN AGENCY FOR PLANNING (CMAP) FOR FUNDING OF THE CITY’S SIDEWALK GAP AND TRANSIT STOP STUDY PROJECT WHEREAS, the City of Elgin (the “City”) has applied for grant funding through the Community Planning Program from the Chicago Metropolitan Agency for Planning (“CMAP”), for the City’s Sidewalk Gap and Transit Stop Study; and, WHEREAS, the City’s request for such grant has been approved by CMAP; and, WHEREAS, CMAP has adopted the GO TO 2040 Plan as the long-range regional comprehensive plan for the seven-county Chicago region, encompassing Cook, DuPage, Kane, Kendall, Lake, McHenry and Will counties, and is providing grant assistance as a means of advancing the plan’s implementation; and, WHEREAS, the City and CMAP have agreed on the contents of an agreement that covers the administration of this grant, a copy of which is attached hereto and made a part hereof by reference (the “Agreement”). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. The City Council of the City of Elgin supports the Sidewalk Gap and Transit Study Project. Section 2. The City accepts the offer of grant funding by CMAP and recognizes that this funding is provided for the purpose of advancing the implementation of GO TO 2040. Section 3. The City Council of the City of Elgin hereby authorizes and directs that Sean Stegall, City Manager, and Kimberly A. Dewis, City Clerk, to execute the Agreement with CMAP, and to initiate a competitive procurement process to select a consulting firm to undertake work on this project. Section 4. The City Council of the City of Elgin recognizes that provisions that govern the administration of the Community Planning Program grant are included in the Agreement. Section 5. That this resolution shall be full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor VOLUME LXXVI DECEMBER 7, 2011 503 Presented: December 7, 2011 Adopted: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 11-200 ADOPTED AUTHORIZING EXECUTION OF THIRD AMENDMENT TO REAL ESTATE SALES CONTRACT WITH THE RESIDENTIAL LAND FUND I, L.P. (FIRE STATION NO. 9) Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-200 RESOLUTION AUTHORIZING EXECUTION OF THIRD AMENDMENT TO REAL ESTATE SALES CONTRACT WITH THE RESIDENTIAL LAND FUND I, L.P. (Fire Station No. 9) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a third amendment to real estate sales contract on behalf of the City of Elgin with The Residential Land Fund I, L.P., a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk DECEMBER 7, 2011 VOLUME LXXVI 504 RESOLUTION 11-201 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilmember Steffen made a motion, seconded by Councilmember Dunne, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 11-201 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Gary Masterson be and are hereby appointed as Chair of the Sustainability Commission, for terms that expired on June 1, 2012. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G49-11 PASSED AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G42-07 (SPARTAN GREEN SUBDIVISION-601 SOUTH RANDALL ROAD) Councilmember Steffen made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVI DECEMBER 7, 2011 505 Ordinance No. G49-11 AN ORDINANCE AMENDING PAB PLANNED AREA BUSINESS DISTRICT ORDINANCE NO. G42-07 (Spartan Green Subdivision - 601 South Randall Road) WHEREAS, the property described below was zoned PAB Planned Area Business District pursuant to Ordinance No. G25-06; and WHEREAS, the PAB Planned Area Business District established by Ordinance No. G25- 06 was amended in its entirety by Ordinance No. G42-07, the effect of which was to adopt an amended PAB Planned Area Business District for the property described below; and WHEREAS, written application has been made to amend certain provisions of Ordinance No. G42-07 by adding to the list of permitted uses a physical fitness and health club facility within the tenant space on the subject property identified as 623 South Randall Road; and WHEREAS, after due notice in the manner provided by law, the Planning and Development Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendation of the Planning and Development Commission. 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 October 17, 2011, made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G42-07 entitled “An Ordinance Amending PAB Planned Area Business District Ordinance No. G25-06,” passed July 25, 2007, be and is hereby amended only as set forth in this ordinance as follows: A. That Section 3 E. 1. c. “Land Use, Permitted Uses, Services Division,” is amended by adding to the listing of permitted uses therein the following: “Physical Fitness and Health Club Facility with accessory child care, tanning, and sauna services (7991) only within the tenant space identified as 623 South Randall Road”. B. That Section 3 G. “Supplemental Site Design Regulations and Architectural Design,” is amended to include new subsection 5, items a-e as follows: DECEMBER 7, 2011 VOLUME LXXVI 506 5. Additional Conditions pertaining to Office Depot and Retail B, C and D Tenant Facilities Building (Lot 3): a. Substantial conformance to the Statement of Purpose and Conformance and attachments, prepared by Elgin Reality Partners, LLC, dated received September 23, 2011 and September 28, 2011. Notwithstanding anything to the contrary in such Statement of Purpose and Conformance, the intent of this ordinance is to approve the additional permitted use of a physical fitness and health club facility with accessory child care, tanning and sauna services (7991) only within the tenant space identified as 623 South Randall Road and such additional permitted use shall not be limited to the particular operator Blast Fitness. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. b. The size and location of wall-mounted signs and the face changes to freestanding monument signs shall be submitted for approval to the Community Development Department. c. The parking lot stalls on site shall be restriped according to EMC Ordinance requirements, excluding the Lowes site. d. A Health Fitness Facility (SIC #7991) will be restricted to the tenant space at 623 South Randall Road, located within the Spartan Green Shopping Center. e. Compliance with all other applicable codes and ordinances. Section 3. That except as specifically amended herein Ordinance G42-07 shall remain in full force and effect. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Passed: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: December 7, 2011 Published: December 9, 2011 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk VOLUME LXXVI DECEMBER 7, 2011 507 REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Dunne made a motion, seconded by Councilmember Moeller, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission October 10, 2011 Emergency Telephone System Board October 20,2011 Parks & Recreation Advisory Board June 28, July 26, September 27, October 25, 2011 Planning and Development Commission October 17, 2011 Committee of the Whole Minutes November 2, 2011 City Council Minutes for November 2, 2011 Sales Tax Telecommunications Tax ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:40 p.m. s/ Kimberly Dewis December 21, 2011 Kimberly Dewis, City Clerk Date Approved