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HomeMy WebLinkAbout1981 Council MinutesVOLUME XLVI January 7, 1981 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF:GOVERNMENT SPECIAL MEETING A special meeting of the Council of the City of Elgin, Illinois, was held on January 7, 1981, at 7:05 P.M., in the Council Conference Room of City Hall. The meeting was called to order by Mayor Verbic. Roll call was answered by Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Absent: None. Staff members present: Nelson, Yearman, Wagner, Sarro, Van De Voorde, Baird, Bolerjack and Kaiser. AUTHORIZATION TO SET JANUARY 27, 1981, AS THE PUBLIC HEARING DATE FOR AMEND- MENT TO THE ANNEXATION AGREEMENT WITH THE VALLEY CREEK DEVELOPMENT Councilman Hill made a motion, seconded by Councilwoman Nelson to approve January 27, 1981, as the public hearing date for the above mentioned amendment. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. r" AUTHORIZATION TO SET JANUARY 27, 1g81, AS THE PUBLIC HEARING DATE FOR AMEND MENT TO THE ANNEXATMIT AGREEMENT WITH KENNINGTON SQUARE DEVELOPMENT Councilman Gilliam made a motion, seconded by Councilman Kirkland to approve January 27, 1981, as the public hearing date for the above mentioned amendment. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Effalau"O =V1 There being no further business to come before the Elgin City Council, Council man GiI1iam made 'a motion, seconded by Councilman Hill to adjourn the meeting. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 7:07 P.M. Marie Yearm , City Clerk VOLUME XLVI January 14, 1981 2 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR'- MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on January 14, 1981, at 8 :10 P -M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend Martin W. Balzer,of the Good Shepherd Lutheran Church, and the Pledge of Allegiance was led by Councilman Barnes. Roll call was answered by Councilmen Barnes, Gilliam, Hill, Kirkland; Nelson, Waters and Mayor Verbic. Absent: None. Staff members present: Nelson, Yearman, Jentsch, Binninger, Wagner, Van De Voorde, Baird, Sarro, Dahl and Miller. OF THE DECEMBER 23, 1 Councilman Hill made a motion, seconded by Councilwoman Nelson to approve the December 23, 1980 Council Minutes as published. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. MINUTES OF THE JANUARY 7, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Barnes made a motion, seconded by Councilman Waters to approve the January 7, 1981 Council Minutes as published. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. BID FOR RIVER INTAKE AND WATER DISTRIBUTION - TABLED Councilman Gilliam made a motion, seconded by Councilman Hill to table the bid for the river intake and water distribution. Yeas: Councilmen Barnes, Gilliam; Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 3 VOLUME XLVI RESOLUTION AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE r WHEREAS, the City of Elgin has heretofore agreed to contribute the sun of $3,000 each quarter for the support of the Economic Development Commission; and WHEREAS, the efforts and activities of the Economic Development Commission contribute to the public welfare; and WHEREAS, the efforts and activities of the Economic Development. Commission promote the public purposes of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 113E CITY OF ELGIN, ILLINOIS, that the Finance Director is hereby authorized and directed to make quarterly payments to the Elgin Area Chamber of Commerce in the amount of $3,000 for the support of the Economic Development Commission, s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 14, 1981 Adopted: January 14, 1981 Vote: Yeas 7 Nays 0 Recorded: `Atgtest: s/ Marie Yea an rie Tearman, City Clerk ORDINANCE PASSED ESTABL Councilman Hill made a motion, seconded by Councilman Barnes to pass the aforementioned ordinance. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Ordinance No. G81 -6 AN ORDINANCE ESTABLISHING FARES AND CHARGES FOR THE TRANSPORTATION OF PERSONS BY MOTOR VEHICLES BY EQUIPMENT AND FACILITIES OPERATED BY THE DEPARTMENT OF PUBLIC TRANSPORTATION OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the following schedule of fares for municipal bus service provided by the Department of Trans- portation of the City of Elgin: Fare Routes Within the City of Elgin Adult 45¢ Senior Citizens and Handicapped (with proper I.D.) 204 Students 1. With Trs an ti ion De artm ent Passes age an elow St ent c oo traveling to and from school between the hours of 6 :15 a.m. and 6 :00 p.m. 20¢ 2. With School District U -46 Passes Students of i school age and below traveling to and from school between the hours of 6:1S a.m. and 6 :00 p.m. Free Children from age 7 through age 11 20¢ Children age 6 years and younger (when accompanied by a fare paying passenger) Free Elgin Transfers Free RTA Universal Transfer (StlUdents�. .See,nior Citizens v T. T.and4lapped "'',.) Elgin /Aurora Bus Route Adults RTA Transfers Senior Citizens, Handicapped Persons, Students (with proper I.D.), Children 7 -11 RTA Transfer 35¢ 45¢ (local) 70¢ (non- local) 35¢ (local) 10¢ (non - local) 20¢ (local) 35¢ (non- local) 15¢ (local) 5¢ (non - local) Adults Senior Citizens and Handicapped (with proper I.D.) Students /Children 7 -11 Children age 6 and under (with fare paying passenger) RTA Transfer Reduced Fare RTA Transfer Crystal Lake /Elgin Adult RTA Transfer Local Transfer Senior Citizen, Handicapped Persons, Students (with proper I.D.), Children 7 -11 RTA Transfer 45¢ 20¢ 20¢ Free 35¢ 15¢ 45¢ (local) 70¢ (non- local) 35� (local) 10¢ (non- local) Free 20¢ (local) 35¢ (non- local) 15¢ (local) 5`¢ (non - local) Country Bus Adult Fare $1.40 (round trip) Reduced Fare 70� (round -trip) Section 2. That only exact fares shall be accepted o_n_ all routes. Section 3. That Ordinance G59 -79 be and is hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after--its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME XLVI Presented: January 14 1981 Passed: January 14, 1981 Vota: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Y rman Marie Yearman, City Clerk ffl=rffiW2 o ING THE 0 Councilman Barnes stated, under Section 2 this calls for the issuance of a Class I license for $100.00, what is the duration of that license. Corporation Counsel Jentsch stated, in the same section of the ordinance regulating the sale of alcoholic beverages, it calls for an annual license fee. There was no discussion regarding the amount of the fee, but there was a consensus that we would attempt to seek a concessionaire who would be granted an annual license. This does not grant the concession, still to be accomplished is a contract in the nature of a concession. Councilman Kirkland made a motion, seconded by Councilman Hill .to pass the aforementioned ordinance. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: Councilman Gilliam. 7 VOLUME XLVi Ordinance No. G81 -4 AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE RELATING TO ALCOHOLIC LIQUOR DEALERS WHEREAS, the City of Elgin is a home rule unit within the meaning of Article VII of the Constitution of the State of Illinois, 1970; and WHEREAS, by virtue of the provisions of Article VII of the Constitution of the State of Illinois, 1970, the City of Elgin as a home rule unit is authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, the sale and delivery of alcoholic liquor for beverage purposes is within the government and affairs of the City of Elgin as a home rule unit; and WHEREAS, it is necessary and desirable to provide for the sale and delivery of alcoholic liquor as beverages in certain public buildings owned by the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the provisions of the Liquor Control Act, Illinois Revised Statutes, Chapter 43, par. 94, et seq., insofar as they prohibit the sale or delivery of alcoholic liquors in any building belonging to or under the control of any subdivision be and are hereby declared to be of no force and effect in the Hemmens Memorial Auditorium, a building owned by the City of Elgin. Section 2. Class I, for the retail sale of alcoholic liquor in the Hemmens Memorial Building by a concessionaire authorized to make such sales and delivery pursuant to a concession agreement with the City of Elgin for consumption on the premises only, $100.00, provided, however, that no alcoholic beverages other than wine shall be sold or delivered at events for which admission is charged and which are open to the general public. Section 3, That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: January 14 1981 Passed: January 14, 1981 Vote: Yeas 6 Nays 1 Recorded: Published: Attest: s/ Marie � Marie Yearman, City Cler VOLUME XLVI RESOLUTION AUTHORIZING E Counsel Jentsch stated, your agenda indicates that materials were to be furnished to you tonight and I would like to explain why they are not. You may recall that in January, 1980, you authorized a memorandum of agreement for the sale of economic development bonds for the expansion of the Holiday Inn in the amount of ten million dollars. That was accomplished after a favorable recommendation by the city's financial consultant, Mr. Paul Speer. The memorandum of agreement included a provision that it was to be in effect for one year. No further activity was under- taken until December when I received a letter from the attorney for the applicant requesting an extension. I forwarded a copy of the letter to the City's financial consultant for his views as to whether it was necessary to up -date his recommendation and analysis in view of the passage of time. He contacted the applicant and it was his opinion we should perform a current evaluation because of the passage of time, and because there has been a change in the name of the corporation, the corporation is apparently now a public stock company, when it was a closed corporation at the time we made our commitment. Initially the applicant agreed to provide the City with a current report and recommendation at their expense. 1 have been notified now that the company does not want to have the consultant perform another analysis if they had to pay for it. The cost of the analysis would be within $2500.00. If you decide that you do want to extend this without the benefit of a current analysis, we could prepare a resolution for the next meeting. Councilman Hill stated, if the extension is not granted and the time has expired, could they not be asked to start over. ri Counsel Jentsch Stated, well they would be required to start over. Councilman Barnes stated, it seems to me if we hired Speer for his advice, it would be silly not to go along with it. Councilman Gilliam stated, I think we should ask for another opinion and evaluation from Paul Speer. I think the applicant made the changes and it is their responsibility to pay for this additional information. 01 VOLUME. XLVI Mayor Verbic stated, we are interested in having this project go ahead, especially with ,a ten million dollar industrial revenue bond issuance, but somewhere along the line it should be mandatory that they supply us with the additional information. $2500.00 is very cheap for a ten million dollar bond issue. Councilman Barnes stated, we could give them the extension conditional upon making the study which they pay for. Counsel Jentsch stated, I will contact their attorney,in the meantime this item can be stricken from the agenda because there really is'nt a resolution to act upon. Councilman Hill made a motion, seconded by to pass the aforementioned ordinance. Yeas Gilliam, Hill, Kirkland, Nelson, Waters and None. Q Councilman Gilliam Councilmen Barnes, Mayor Verbic. Nays: Ordinance Noe G81 -3 AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 3.40 PROVIDING FOR THE ESTABLISHMENT OF :A BOARD OF LOCAL IMPROVEMENTS WHEREAS, the City of Elgin is a home rule unit within the meaning of Article VII of the Constitution of the State of Illinois, 1970; and WHEREAS, by virtue of the authority of the provisions of Article VII of the Constitution of the State of Illinois, 1970, the City of Elgin, as a home rule unit, is authorized to exercise any power and perform any func- tion pertaining to its government and affairs; and WHEREAS, the organization of boards and commissions to assist in the carrying out of the powers of the City of Elgin is within the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 3.40.010 of Chapter 3.40 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "3.40.010 Created There is hereby established a Board of Local Improvements for the City of Elgin which shall consist of the Mayor and members of the City Council. The Mayor shall serve as President of the Board of Local Improvements.' The Board of Local Improvements shall meet at such times as it may determine, or upon call of the President thereof, and shall have the powers and duties provided for in Article 9, of Chapter 24, Illinois Revised Statutes, 1979, as amended from time to time." Section 2. That there is hereby added to Chapter 3.40 of the Elgin Municipal Code, 1976, as amended, the following: "3.400020 Duties Insofar as they may pertain to the activities of the Board of Local Improvements, the functions of the Commissioner of Public Works, Superintendent of Sewers and Superintendent of Streets shall be performed by the Director of Public Works. Those of the Super- intendent of Special Assessments and Chief Clerk of Special Assess- ments shall be performed by the Director of Finance; those of the City Engineer or Public Engineer shall be performed by the Director of Public Works, unless otherwise provided by ordinance." 11 VOLUME XLVI Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, yor Presented: January 14, 1981 Passed: January, 14, 1981 Vote: Yeas 7 Nays 1 Recorded: Published: Attest: s/ Mares Yea an Marie YeaTman, City Clerk '7 Ifili•[elelll"i 0V ]u", Councilman Hill made a motion, seconded by Councilman Kirkland to pass the aforementioned ordinance. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Waters and Mayor Verbic. Nays- Councilwoman Nelson. Ordinance No. G81 -2 AN ORDINANCE GRANTING AN AMENDMENT TO A SPECIAL USE FOR A DAY CARE CENTER AT 69 NORTH ALDINE AVENUE WHEREAS, written application has been made to amend the terms and conditions of a special use heretofore granted for the establishment and operation of a day care center at 69 North Aldine Avenue, Elgin, Illinois; and WHEREAS, the Land Use Committee conducted a public hearing after due notice in the manner provided by law; and WHEREAS, the Land Use Committee has submitted its written findings of fact and recommended that the application be granted subject to certain conditions; and WHEREAS, the City Council of the City of Elgin concurs in the recommenda- tions and findings of fact of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That it adopts and ratifies the findings of fact of the Land Use Committee made on December 1, 1980, a copy of which is attached hereto and made a part hereof by reference. Section 2. That the special use permit heretofore granted by Ordinance No. G27 -78, passed on April 12, 1978, for the establishment and operation of a day care center on the premises commonly known as 69 North Aldine Avenue, Elgin, Illinois, and legally described as follows: The Westerly 165 Feet of Lots 8 and 9, Block 1, Pleasant Home Addition in the City of Elgin, Kane County, Illinois. be and is hereby amended to permit an addition to the existing facility not to exceed 816 square feet in area as shown on Exhibit A attached hereto and made a part hereof by reference, subject to the following conditions: 1. That two additional parking spaces shall be constructed in arrnrrlan Ce wi wh all appilCab Le ­44 ------ v£ tiie Glty Uf Elgin. 2. That the addition authorized herein and the additional parking spaces required shall be constructed substantially as shown on Exhibit A attached hereto and made a part hereof by reference. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Wyor 13 VOLUME XLVI Presented: January 74 1981 Passed: January 1'4, 1981 Vote: Yeas 6 Nays 1 f Recorded: Published: Attest: s/ Marie Year%an rie Yearman, City Cler ORDINANCE PASSED PROVIDING FOR THE Councilwoman Nelson made a motion, seconded by Councilman Kirkland to pass the aforementioned ordinance. Yeas- Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Ordinance No. G81 -5 AN ORDINANCE PROVIDING FOR THE LICENSING OF AUTOMATIC AMUSEMENT DEVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.09 of the Elgin Municipal Code, 1976, as amended, is amended by adding Section 6.09.155, to read as follows: "6.09.155 Automatic Amusement Devices A. Definition. "Automatic Amusement Device" is hereby defined to be each machine, apparatus or device which, upon the insertion of a coin, trade -token or slug, operates or may be operated as a game or contest of skill or amusement of any kind or description, which contains no automatic payoff device for the return of money or trade -token or slugs, or which makes no provision whatever for the return of money to the player. An "automatic amusement device" is hereby further defined as any machine, apparatus, or contrivance which or whereby the player initiates, employes or directs any force generated by the machine. B. License Required. No person, firm or corporation shall keep or permit to be kept, for gain or profit from operation within the City, any automatic amusement device without first having obtained a license as herein provided. C. Application. An application for said license shall be in conformity with standard application procedure in Chapter 6.03 and in addition shall set forth the description of the device or devices, the place where the device is to be displayed or operated and the nature of the business conducted at that place. D. Fee. The annual fee for such license shall be thirty -five dollars for each automatic amusement device kept or installed on the premises. The license period shall be the same as the calendar year. E. Transfer of License. No license issued to any person, firm or corporation shall be transferable. F De,'ices tC be Kept in .Plain vriew- °Gambling Devices Prohibited. All such devices shall at all times be kept and placed in plain view of any person or persons who may frequent or be in any place of business where such devices are kept or used. Nothing in this chapter shall be construed to authorize, permit or license any gambling device. G. License Sticker. Each device licensed under this section shall be furnished with a license sticker that shall be posted in a conspicuous place on each device on the premises." Section Z. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. 15 VOLUME XLVI Section 3. That this ordinance shall be in full force and in effect on January 1,:1981. r` s/ Richard L. Verbic Richard L. Verbic, .Mayor Presented: January 14, 1981 Passed: January 14, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie rie Yearman, City Clerk ORDINANCE PASSED AMENDING THE LICENSE FEES FOR ENDORS ON THE FOUNTAIN SQUARE PLAZA MALL Councilman Gilliam made a motion, seconded by Councilman Kirkland to pass the aforementioned ordinance. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters, and Mayor Verbic. Nays: None. VOLUME X1V I. 16 Ordinance No. G7 -81 AN ORDINANCE AMENDING THE LICENSE FEES FOR VENDORS ON THE FOUNTAIN SQUARE. PLAZA MALL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS= Section 1. That Section 6.46.060A of Chapter 6.46 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to. read as follows: "6.46.060 License Fees A. Vending.unts.up.to.and. including 40 square feet; $450.00 per year. Vending units over 40 square feet,, $600.00 per year. 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 from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: January 14, 1981 Passed: January 14, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ MarirYan arse Yearman, City Clerk RESOLUTION ADOPTED A.UTHORI7_ING PAYMENT TO THE VISITORS AND CONVENTION BUREAU PROGRAM Councilman Waters made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 17 VOLUME XLVI RESOLUTION AUTHORIZING PAYMENT TO THE VISITORS AND CONVENTION BUREAU PROGRAM. WHEREAS, the City of Elgin has heretofore agreed to contribute the sum of $5,125 each quarter for the support of the Visitors and Convention Bureau Program; and WHEREAS, the efforts and activities of the Visitors and Convention Bureau Program contribute to the public welfare; and WHEREAS, the efforts and activities of the Visitors and Convention Bureau Program promote the public purposes of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,.that the Finance Director is hereby authorized and directed to make quarterly payments to the Visitors and Convention Bureau Program in the amount of $5,125 for the support of the Visitors and Convention Bureau Program. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 14, 1981 Adopted: - January 14, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie � Ye mph Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN WITH SCHnnI nICT29cT ��- Councilman Hill made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays.- None. Abstained: Councilman Gilliam. VOLUME XLVI RESOLUTION AUTHORIZING AN AGREEMENT WITH SCHOOL DISTRICT U -46 WHEREAS, School District U -46 desires to have bus service provided for certain students attending certain schools during the school year; and WHEREAS, the City of Elgin operates a public transportation system within the corporate limits of the City of Elgin; and WHEREAS, the Regional Transportation Authority has approved the transportation of said students by the City of Elgin upon certain terms and conditions; and WHEREAS, supplying said transportation to students of School District U - -46 will not otherwise interfere with the provision of public transporta- tion to the general public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement . for student bus transportation with School District U -46, which agreement shall be effective retroactively from and after September 3, 1980, s/ Richard L. Verbic Richard L. Verbic, Mayor Presented:. January 14, 1981 Adopted: January 14, 1981 Vote: Yeas 6 Nays 0 Abstained Recorded: Attest: s/ Marie �Yearman Marie Yearman, City Clerk ORDINANCE PASSED ADDING TO THE LIST OF PERMITTED USES IN THE B- GENERAL SERVICE DISTRICT TO ALLOW WELDING SHOPS Councilwoman Nelson made a motion, seconded by Councilman Hill to pass the aforementioned ordinance. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. um W Ordinance No. G81 -1 AN ORDINANCE ADDING TO THE LIST OF PERMITTED USES IN THE B -4 GENERAL SERVICE DISTRICT TO ALLOW WELDING SHOPS VOLUME XLVI WHEREAS, written application has been made to amend the provisions of the zoning ordinance so as to permit a welding shop as an additional permitted use in the B -4 General Service District; and WHEREAS, the Elgin Planning Committee held a public hearing concern- ing the proposed amendment after due notice in the manner provided by law; and WHEREAS, the Elgin Planning Committee has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois,, concurs in the findings and recommendations of the planning committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.34.020 of Chapter 19.34 of the Elgin Municipal Code, 1976, as amended, be amended by adding the following: "22. 'Welding Shops." Section 2. That Section 19.34.020 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by redesignating existing number 22 "Accessory Uses to the Above Permitted Uses" as number 23. Section 3. That.this: ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic RIEHard L. Verbic, yor Presented: January 14 1981 Passed: January 14, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City Clerk VOLUME XLVI 99 AUTHORIZATION FOR PAYMENT TO VARIOUS INDIVIDUALS UNDER THE RESIDENTIAL REBATE PROGRAM Stephen Cheperka 592 Kirk Avenue, $3,500.00 Ralph Hensley 434 St. Charles St. 5,871.15 Julie Hurst 133 Hill Avenue 2,100.00 Rosemary Moran 319 Perry St. 2,498.00 Alice Schleif 415 Hastings St. 1,614.00 Lois Madden 7310 West Highland 4,233.30 Councilman Hill made a motion, seconded by Councilman Waters to approve the aforementioned payments. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland; Nelson, Waters and Mayor Verbic. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS John's Elgin Market Rydin Equipment and Automotive. United Diesel Service Valley Trucking Co. Christmas gift certificates Overhaul of Bus #8084 Rebuilding Transmission Bus8084 Augering under Rt. 19 Edw. Schneider Trucking Lime Residue, Removal Dunlop Home Improvements Rehabilitation Fox Valley Mental Health Center Lindoerfer Election Same as<.above Hans & Sons . Same as above Elgin Linoleum & Carpet Same as above Fox Valley Exteriors Same as above $4,250.00 6,634.35 4,647.87 3,900.00 13,444.49 4,036.07 90.00 654.00 312.00 980.00 Councilman Gilliam made a motion, seconded by Councilman Barnes to approve the aforementioned payments. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 21 D OF INTENT A VOLUME XLVI ICY Councilman Hill stated, this Resolution recites maybe ten different steps that the City has gone through since 1977 where we have always made our intentions and indications very clear that the long term use of the land would be for a park site. in the course of the hearings which have taken place the fact that the mention of an eventual park site was not part of the petition presented to the Land Use Commission, it has been alluded to at least, that the City has not.stated its intention, and in this Resolution, following the recitation of the steps we have been through, I list four things that the City at this point is declaring as its intentions, they are: 1. That it shall apply public funds for the development and use of the subject property as reclaimed as a community park and shall annually appropriate funds therefor and continue the long established policy of the City of Elgin to provide support for its public park system; 2. That it shall seek available funds from public and private agencies for the development and use of the subject property as a community park; 3• That it will commit royalties earned from mining operations I to a separate fund for the development and use of the subject property as a community park; 4. That it will annually monitor and review the phased reclamation of the subject property, if undertaken. So to the extent that it might help anyone who has the job of making a decision on the present petition before the Land Use Commission, to the extent that they might feel that the City has in fact stated what its policy and intention is relat(ve to the eventual use of the land, and I hope this will serve to make their task easier, thats the purpose of the Resolution. Councilman Kirkland stated, we still intend to read the transcripts to remember the portions of the Land Use hearing testimony that some of us viewed personally to try to determine what the pros and cons are in terms of possible detriment to the neighborhood during development as opposed to the long range benefits, if the property is approved with the idea that a park will go through. Councilman Hill stated, this Resolution is not intended to.-represent any additional pressure on the Land Use Commission, its intended to clarify whether or not the City Council has a policy about the long term use of the land. Councilman Hill made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. RESOLUTION OF INTENT AND STATEMENT OF POLICY FOR DEVELOPMENT OF THE ELGIN STATE HOSPITAL SITE WHEREAS, it is necessary and desirable that the City Council of the City of Elgin reaffirm and formalize its policy and intention for the ultimate development and use of the property formerly occupied as part of the premises of the Elgin State Hospital bounded by U.S. Route 20 By -Pass on the north, the balance of the Elgin Mental Health Center property on the east, the Village of South Elgin on the south and McLean Boulevard on the west, consisting of approximately 400 acres; and WHEREAS, in 1977 the City Council of the City of Elgin authorized the acquisition of the subject property from the State of Illinois, for a purchase price of $670,238, payable in five annual installments, for the purpose of acquiring public recreational land for future development and use; and WHEREAS, thereafter Dunn Geoscience Corporation examined the feasibility of the use of the site with a longterm goal of use as a park; and WHEREAS, Dunn Geoscience Corporation reported to the City Council the existence of substantial valuable deposits of gravel and sand; and WHEREAS, Dunn Geoscience Corporation thereafter projected a strong market for the sale of such extractions due to the depletion of existing resources and anticipated future demand; and WHEREAS, the City Council of the City of Elgin received the Master Reclamation Plan prepared by William E. Coates and Associates, Ltd., landscape architects and environmental planners, for the subject property following completion of mining operations, if undertaken; and WHEREAS, the City Council of the City of Elgin, acting as a committee of the whole, has heretofore adopted the conceptual master plan, prepared by W. E. Coates and Associates, Ltd.; and WHEREAS, the City Council of the City of Elgin concurs in the development of the subject property as a community park to serve the future needs of:the City of Elgin and in the use of the opportunity provided by the existence of gravel deposits on the site to prepare the site for park use and accumulate substantial revenue for park development; and WHEREAS, said plan will result in the reclamation of the subject property, to include two lakes, a winter sports hill and appropriate landscaping and geographical features to serve as the foundation for further park development; and WHEREAS, the Park and Recreation Master Plan , Elgin, Illinois, 1977, prepared by McFadzean and Everly, Ltd. identified the subject property as a potential public recreation area and described the inadequacies of the current system of city parks and recommended development of a community park; and WHEREAS, the extraction of gravel and sand deposits from the subject property, if undertaken, is estimated to generate approximately three million dollars in royalties; and 23 VOLUME XLVI WHEREAS, the Parks and Recreation Board of the City of Elgin has recommended development of the subject property as a community park as < ~. recommended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its intention and commitment to develop the former Elgin State Hospital Property as a community park and declares that it is the policy of the City Council of the City of Elgin to undertake said development and in furtherance of said policy declares as follows: 1. That it shall apply public funds for the development and use of the subject property as reclaimed as a community park and shall annually appropriate funds therefor and continue the long established policy of the City of Elgin to provide support for its public park system; 2. That it shall seek available funds from public and private: agencies for the development and use of the subject property as a community park; 3. That it will commit royalties earned from mining opera- tions, if undertaken, to a separate fund for the development and use of the subject property as a- community park; 4. That it will annually monitor and review the phased reclamation of the subject property, if undertaken. BE IT FURTHER RESOLVED that the City Council of the City of Elgin further encourages and recommends that its successors continue and extend the commitment made herein and continue the implementation of necessary steps to provide a community park on the subject property. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: January 14; 1981 Adopted: January 14, 1981 Vote: Yeas 7 Nays 0 Recorded:. Attest: b kCL-11 � s/ Marie YearrRan Marie Yearman, City Clerk VOLUME XLVI 24 AUTHORIZATION FOR 'PURCHASE OF TWO DIFIBRILLATOR UNITS FOR THE FIRE DEPARTMENT Councilman Barnes made a motion, seconded by Councilwoman Nelson to approve the purchase of two defibrillator units for the Fire Department. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for October, 1980 Traffic Committee Minutes for January 8, 1981 Annual Report - Department of Community Development Parking Lot Revenues 12/1/79 through 11/30/80 Councilwoman Nelson made a motion, seconded by Councilman Hill to received and place the above mentioned reports on file. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. RECOGNIZE PERSONS PRESENT Attorney Bruce Minier stated, I am here on behalf of Robert Farwell, who is a citizen of this community and at this time I would like to make the following statement on behalf of Mr. Farwell. "Councilman Robert Gilliam c/o Elgin City Council This is to take exception to your uncalled for remarks addressed to me during the Council of the Whole meeting, Wednesday, December 10, 1980. 1 feel your remarks should have been greeted with an immediate demand for an apology from you, rather than the quiet acceptance given them. As do many other, I own considerable property in Elgin. The taxes pay help sustain the very services that you enjoy in our City. As a taxpayer, helping support Elgin I have every right to ask, during an open meeting, how each Council member voted on a particular issue. Your emotional response calls into question your ability to stand the scrutiny of the voting public regarding your record on issues which concern all Elgin property owners. Non - resident taxpayers do not ask for the franchise to vote in Elgin. We do, however, demand, and have every right to know how our tax dollars are being spent I Actions like yours are unwarranted; give the City a bad name; and may cost Elgin money through the loss of new business and new industry. s/ Robert Farwell" ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. 25 VOLUME XLVI ADJOURNMENT There being no further business to come before the Elgin City Council, Councilman Gilliam made a motion, seconded by Councilman Hill to adjourn the meeting. Yeas: Councilmen Barnes; Gilliam,, Hill, Kirkland, Nelson, Waters and Mayor Verbic. The meeting was adjourned at 8:45 P.M. Marie Yearman, ity Clerk VOLUME XLVI January 27, 1981 26 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT SPECIAL MEETING A special meeting of the Council of the City of Elgin, Illinois, was held on January 27, 1981, at 8:15 P:M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Mayor Verbic and the Pledge of Allegiance was led by Councilman Waters. Roll Call was answered by Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Absent: Councilman Gilliam. Staff members present: Nelson, Yearman, Jentsch, Binninger, Wagner, Baird, Van De Voorde, Miller, Sarro, Deering, Dahl' and Kaiser. MINUTES OF THE JANUARY 14, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Barnes made a motion, seconded by Councilman Waters to approve the January 14, 1981 Council Minutes as published'. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nuys: None. BID AWARDED FOR RIVER INTAKE AND WATER DISTRIBUTION Councilman Barnes made a motion, seconded by Councilwoman Nelson to award the bid for the river intake to the low bidder, William Zeigler & Sons, for $1,600,000, and the water main transmissions to the low bidder, Corrizo Construction, for '$554,220. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR LIQUID CHLORINE AND HFS ACID Councilman Barnes made a motion, seconded by Councilman Hill to award the bid for Liquid Chlorine to the low bidder, Alexander Chemicals for $.174 per pound, and the bid for HFS Acid to the low bidder, Alexander Chemicals for $.085 per pound. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays None. BID AWARDED FOR SODIUM CHLORIDE Councilman Barnes made a motion, seconded by Councilman Kirkland to award the bid for Sodium Chloride to the low bidder, Morton Sala, for $32.50 per ton. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and 'Mayor Verbic. Nays: None. 27 VOLUME XLVI BID AWARDED FOR PEBBLE QUICK LIME Councilman Hill made a motion, seconded by Councilman Barnes to award the bid for pebble quick lime to the low bidder, Marblehead Lime Company, for $61.00 per ton. Yeas: Councilmen Barnes, Hill,.Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING.ON PROPOSED SECOND AMENDMENT TO THE ANNEXATION AGREEMENT WITH THE KENNINGTON SQUARE DEVELOPMENT Jerry Deering of the Community Development Department reviewed with the Council a request by Mr. Kenneth Kresmeryy to amend the annexation agreement for the Kennington Square Rm4, P.U.D. on property located on the north side of Summit.St,reet. On October 22, 1960, the City Council adopted a resolution authorizing the execution of an amendment to the annexation agreement for the Kennington Square project. This amendment provided for access to the .Crimson Glen project to the north of Kennington Square. This second amendment provides for the following: 1. Revisions to the site plan, including the size, type, and location of buildings,. 2. Increase in the number of development phases from three to. five; and- 3. Elimination of the swimming pool. The Community Development Department recommended approval of this amendment subject to the following- 1. Revision- to -the proposed annexation agreement amendment to require a park site cash contribution in the amount of $8,554,00. This amount is to be paid in five equal installments prior to the issuance of a temporary occupancy permit for, - the last building of each of the five develop- ment phases; 2. Conformance with the terms and conditions of the amended annexation agreement; 3. Submission and approval of revised engineering plans and specifications along with an acceptable performance bond, and 4. Conformance with all applicable codes and ordinances. On a motion to approve the amendment the Land Use Committee voted 3 (yes), one (1) no and one (1) present, resulting in a denial. VOLUME XLVI 28 Councilman Hill made a motion, seconded by Councilwoman Nelson to close the public hearing. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING ON PROPOSED AMENDMENT TO THE ANNEXATION AGREEMENT WITH VALLEY CREEK The original annexation agreement with Valley Creek established a December 13, 1980 deadline to acquire title to the land proposed for the Tyler Creek Detention Area. The proposed amendment requests a six month extension for the city to acquire the necessary land. The Community Development Department recommends approval of this amendment. Councilman Hill made a motion, seconded by Councilwoman Nelson to close the public hearing. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays; None. PETITION 47 -80 REQUESTING A R -2 SINGLE FAMILY RESIDENCE DISTRICT SPECIAL USE FOR A LIME RESIDUE STORAGE FACILITY PROPERTY'LOCATED'EAST OF SOUTH CLEAN BOULEVARD - APPROVED The Community Development Department believes the lime residue storage facility is necessary for the public convenience at the proposed location due to its cost effectiveness, its suitable soil conditions, and in order to alleviate the critical residue storage problem being experienced by the Water-Department. The Community Development Department recommends approval of this Petition subject to : Compliance with the terms and conditions of the operation and reclamation plans; and Compliance with all other applicable codes and ordinances. The Land Use Committee voted to approve this Petition by a vote of 4 -1. Councilman Hill made a motion, seconded by Councilman Waters to approve Petition 47 -80. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. KANE-COUNTY PETITION 2530 REQUESTING F- FARMING DISTRICT INTERIM SPECIAL USE FOR A GARDEN CENTER APPROVED The Community Development Department recommended approval of this Petition. While the proposed use of the subject property is inconsistent with the Land Use Plan for the Unincorporated Area, the establishment of an interim garden center use is both consistent and compatible with existing land use which is predominantly agricultural. The interim special use allows the city to re- evaluate the use of the subject property as growth and development occur west of Elgin. This provision of the Kane County Zoning Ordinance eliminates the potential for a future conflict 29 VOLUME XLVI with the land use plan. The Department;s recommendation for approval is subject to the following: 1. A maximum 5 year review, particularly to ensure consistency with the Elgin Land Use Plan for the Unincorporated Area; 2. Existing structures are not to be expanded and additional structures are not to be constructed; and. 3. Existing-gravel parking area to be maintained and defined with railroad ties or landscaping timbers. The Elgin Planning Committee recommended approval of the Petition by a vote of 6 =0, and the Elgin Land Use Committee recommended approval by a vote of 5 -0. Councilwoman Nelson made a motion, seconded by Councilman-Waters to. approve Kane County Petition 2530. Yeas; Councilmen Barnes, Hill Kirkland, Nelson, Waters and Mayor Verbic. Nays. =None. RESOLUTION ADOPTED EXPRESSING APPRECIATION IN OLD 'MAIN Councilman Hill mad`e'a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. yeas: Councilmen` Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic Nays: None. VOLUME XLVI RESOLUTION EXPRESSING APPRECIATION TO VOLUNTEERS PARTICIPATING IN THE INSTALLATION OF A FIRE ALARM AND SECURITY SYSTEM IN OLD MAIN WHEREAS, in August, 1980 the Fire Alarm Company, Inc. donated the design and equipment for installation of a fire alarm and security system for the Old Main building; and WHEREAS, volunteers installed the fire and burglar alarm system throughout Old Main and participated in a clean-up of- the interior of the building; and WHEREAS, it is fitting and appropriate to! express the appreciation of the City of Elgin to said volunteers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation and gratitude to the following named persons for their voluntary activities in the installation of a fire alarm and security system in Old Main and the. clean-up of the interior of the building: Audrey Behrens Mark Herzog Charles Behrens Nancy Herzog John Behrens Norda Landers George Castillo Dana McNeil August Conte Sue Marcum Bruce Dahlquist Morrie Mastrangeli Pat Damler Dan Miller Arnold Gerbrecht s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 27 1981 Adopted: January 2', 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A LEASE FOR OLD MAIN Councilman Hill made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. we 31 VOLUME XLVI RESOLUTION AUTHORIZING,A LEASE FOR OLD MAIN WHEREAS, the City of Elgin acquired certain property in the City of Elgin known as Old Main in 1977 from the Elgin Academy for future use as a historical museum or other governmental and charitable uses; and WHEREAS, Old Main, constructed in 1856, is the oldest non - residential building in the City of Elgin and was the first building in the City of Elgin to be placed on the National Register of Historic Places; and WHEREAS, restoration was commenced as a Bi- Centennial project with funds jointly raised by the City of Elgin and the Bi- Centennial Committee of the Elgin Historical Society; and WHEREAS, the Elgin Historical Society possesses many significant historical documents and artifacts relating to the City of Elgin and has no permanent facility to display these items; and WHEREAS, the Elgin Historical Society has agreed to restore the interior of Old Main and establish, maintain and operate a historical museum and to provide public access to its historic artifacts. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute a lease with the -Elgin -Area Historical Society for the premises commonly known as "Old Main" located at 350 Park Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. Presented: January 27, 1981 Adopted: January 27, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk s/ Richard L. Verbic RicharU L. Yerbic, Mayor ION ADOPTED GE ORDER NO. 1 Councilwoman Nelson made a motion, seconded by Councilman Barnes to adopt the aforementioned resolution. Yeas; Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. i VOLUME XLVI RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 IN A CONTRACT WITH JOHN C. UNRUH, INC. FOR THE CONSTRUCTION OF STORAGE AND MAINTENANCE BUILDINGS AT LORD'S .PARK AND PUBLIC WORKS YARD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Change Order No. 1 to a certain contract by and between the City of Elgin and John C. Unruh, Inc. for the construc- tion of storage and maintenance buildings at Lord's Park and Public Works Yard. BE IT FURTHER RESOLVED that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference, on behalf of the City of Elgin. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 27, 1981 Adopted: January 27, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman rie earman, City Cler 32 RESOLUTION ADOPTED AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT Councilman Waters made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 33 RESOLUTION AUTHORIZING FILING'OF APPLICATION FOR GRANT UNDER THE HOUSING AND COM!v1 JNITY DEVELOPMENT ACT OF 1974 VOLUME XLVI WHEREAS, Title I of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of general purpose local government for the purpose of strengthening the ability of said governments and their elected officials to determine the community's development needs, set priorities, and allocate resources to various activities; and WHEREAS, the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solutions to the problems of housing and neighbor- hood deterioration may be determined. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That an application be made to the Department of Housing and Urban Development for a grant in the amount of Eight Hundred and Ninety -two Thousand ($892,000) Dollars. Section 2. That the City Manager is hereby authorized and directed to execute and file such application with the Department of Housing and Urban Development and to provide additional information and to furnish such documents as may be required by said Department to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 27 1981 Adopted: January 27, 1981 Vote: Yeas 6 Nays O Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH BELING CONSULTANTS Councilman Waters made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI RESOLUTION AUTHORIZING AN AGREEMENT WITH BELING CONSULTANTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Beling Consultants for the performance of energy conservation studies and analyses, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 27, 1981 Adopted: January 27, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH T14F CTATF nF II I INnIC L`nD -Tw1 - mnnCDAl1_ Councilman Hill made a motion, seconded by Councilman Barnes to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 34 35 VOLUME XLVI RESOLUTION AUT]HORIZING AN AGREEMBNr WITH THE STATE OF ILLINOIS FOR THE MODERNIZATION OF TRAFFIC CONTROL SIGNALS AT ROUTE 31 AND DAVIS ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement with the State of Illinois acting through its Department of Transporta- tion, a copy of which is attached hereto and made a part hereof by reference, for the modernization of traffic control signals at Route 31 and Davis Road in the City of Elgin, Illinois. Presented: January 27, 1981 Adopted: January 27, 1981 Vote: Yeas 6 Nays .0 Recorded: Attest: s/ Marie Yearman Marie Yearman, ity C er LUTI s/ Richard L. Verbic Richard L. Verbic, Mayor THORIZING Councilman Kirkland made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI RESOLUTION AUTHORIZING AN AGREEMENT WITH THE BOARD OF REGENTS FOR NORTHERN ILLINOIS UNIVERSITY FOR AN INTERNSHIP PROGRAM BE IT RESOLVED BY THE CI'T'Y COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Donald Wagner, Director of Community Development, be and is hereby authorized and directed to execute an agreement with the Board of Regents for Northern Illinois University for an internship program, a copy of said agreement is attached hereto and made a part hereof by reference. S/ Richard L. Verbic RRF77 L. Verbic,,Mayor Presented: January 27, 1981 Adopted: January 27, 1981 Vote: Yeas 6 Nays O Recorded: Attest: s/ Marie Yearman rie Yearman, City Clerk 36 37 AUTHORIZATION FOR PAYMENT TO VARIOUS INDIVIDUALS UNDER THE RESIDENTIAL REBATE PROGRAM VOLUME XLVI Paul Widhalm 652 Bent Street $ 2,284.27 Stephen Cherperka 592 Kirk Ave. 3,357.21 Joel Shuflin 486 E. Chicago St. 1,500.40 Carter Jones 542 Wellington Ave. 3,500.00 Councilman Hill, made a motion.,..seconded by Councilman Waters to approve the aforementioned payments. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS U.S. Conference of Mayors University of Illinois United Diesel Service General Motors Corp. Illinois Lawn Equipment Dreisilker Motor Soil Testing Services Carswell's Inc. Eugene LaMarie Dunlap Home Improvements Dues for 1981 $ 1,500.00 Tuition for 2 Police Officers 2,050.00 Bus ##8102 2,823.74 Miscellaneous bus parts 2,203..64 Miscellaneous mower parts 4,330.63 Waste pump repairs 1,766.39 Soil testing 4,724.00 Rehabilitation Fox Valley Mental Health Center 1,550.00 Rehabilitation Fox Valley Mental Health Center 520.00 Rehabilitation Fox Valley Mental Health Center 244.53 Councilman Barnes made a motion, seconded by Councilman Waters to approve the aforementioned payments. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. APPROVAL OF 1981 SCAVENGER LICENSES Councilman Hill made a motion, seconded by Councilwoman Nelson to approve the following 1981 scavenger licenses: Elgin Wayne Disposal Monarch Disposal Browning- Ferris Inc. Ray Schrieber Theta Systems, Inc. Richard "Dick" Schrieber DeAnza Willow Lakes Estates Joe Billups Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Cemetery Report for the month of December, 1980 Motor Fuel Tax Audit Report for 1979 Traffic Committee Minutes 1/8/81 Parking Lot Revenues 1/1/80 through 12131/80 I VOLUME XLVI Councilman Hill made a motion, seconded by Councilman Barnes to place the aforementioned reports on file. Yeas: Councilmen Barnes, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come Council, Councilman Hill made a motion, Kirkland to adjourn the meeting. Yeas- Hill, Kirkland, Nelson, Waters and Mayor The meeting was adjourned at 8:40 P.M. I a Marie YearmaN City Clerk before the Elgin City seconded by Councilman Councilmen Barnes, Verbic. Nays: None. ON VOLUME XLVI February 11, 1981 39 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on February 11, 1981, at 8:00 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by The Reverend Harold Humbert, Chaplain, Elgin Mental Health Center, and the Pledge of Allegiance was led by Councilman Barnes. APPOINTMENT OF ACTING CITY CLERK Councilwoman Nelson made a motion, seconded by Councilman Barnes, to appoint Nancy Johnson as Acting City Clerk. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays; None. Roll call was answered by Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Absent: None. Staff members present: Nelson, Johnson, Jentsch, Baird, Bennett, Binninger, Bolerjack, Dahl, Deering, Jepson, Maim, Moller, Sarre, VanDeVoorde. and Wagner. MINUTES OF THE JANUARY 27, 1981 CO L N PRO HID Councilman Hill made a motion, seconded by Councilman Barnes, to approve the January 27, 1981 Council Minutes as published. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic: Nays: None. CO MU[NICATIONS Mayor Verbic presented James Bolerjack and David Jepson with a plaque commend- ing the City of Elgin for its Comprehensive Annual Financial Report for 1979. BID AWARDED FOR LIFE SAFETY CODE WORK GREATER ELGIN SENIOR CENTER Councilman Barnes made a motion, seconded by Councilman Kirkland, to award the bid for life safety code work to the low bidder, W. F. Wetzel for the sum of $187,764.00. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR ANNUAL TIRE REQUIREMENTS Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to award the automobile tire bid to Bunge's Tire Center; the police pursuit radials to Broadway Tire and Supply; and the truck tires to Rohlwing Bros. Yeas: Council- men Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 40 VOLUME XLVI Jerry Deering, Land Use Administrator, stated that this petition contains approximately 400 acres of land commonly known as the State Hospital site. The property is located south of by -pass 20 and east of South McLean Boulevard. The Department of Community Development has recommended the approval of the petition subject to the conditions outlined in the land use review. The Elgin Land Use Committee has recommended the denial of Petition 40 -80 and has submitted its findings of fact. Matthew Fox, President of Burnham Development Company, stated that he didn't envy the position` "the City Council is in at present, as they were having to judge something which is quite difficult. He stated he has every reason to support a park in the area discussed as his residential development next to it would greatly benefit. He emphasized that he is not objecting to the city park, because no city park has been presented. The people who will ultimately make the decision as to whether that is a park or something else are now about 10 years old, because the petition is for a 25 year use for gravel operations. Secondly, he stated the city never developed a cost factor that said what a park would cost the city. He stated that it would cost approximately $115,000 to $150,000 a year in revenue against the costs that would be incurred while getting that revenue, versus the increased cost of the park. The estimates he had were in excess of 20 million dollars of extra cost above the revenue by waiting. He believed taxes would have to go sky -high to pay for it. Things not being considered in his opinion were the traffic on McLean Boulevard with 100,000 trucks a year, not counting other vehicles, will destroy McLean Boulevard. His final concern was that he had been discussing with the city staff for over a year what can be done and what problems he faced. Throughout the period of that year he said there have been no attempts to compromise with the things that troubled him; namely, noise, truck traffic, dust and the visual problem. There has been a very clear attitude presented that he finds disturbing and that is the city doesn't really have to compromise, the city is going to vote it anyway, and as a result things that are deadly to ham have been passed over. Mr. Fox made a final request, not to turn it down even though it is a bad idea, but to refer the petition back to the city staff and direct the city staff to sit_ down with Burnham Development, Knowles Electronics and some of the other people who have serious problems with it, to see if something can't be worked out. He believed if this would be done the city would still end up with the park it wants and possibly some gravel operation and still solve some of the problems that have a tremendous impact on him. William R. Ketcham, Attorney representing Knowles Electronics, stated that he had nothing new to add but he did want to stress that on behalf of Knowles Electronics he has shown there is a detrimental effect to Knowles Electronics of sizable magnitude and their objections were echoed.by the petition signed by 17 other businesses in the industrial park. They object because of the detrimental effect a gravel operation will have on their business, including traffic, pollution, dust and noise and various other things. Mr. Ketcham said he realleges and reaffirms their summation and evidence as stated in the transcript. VOLUME XLVI 41 Kenneth Brown, 558 Miller Drive, stated he owned a home 200 feet from the proposed gravel pit and presented the city with a petition with 200 to 225 signatures of persons who opposed the gravel operation in its present form. Councilman Gilliam asked Matt Fox what he meant when he talked about a compromise, was that in relationship to his alternative? Mr. Fox stated that that was part of it. One of the things he was asking for was to work with the city establishing rules regarding the level of sound that is allowable, control of the time of operation and days of operation, etc. He wanted to compromise to make a good working operation and still have a decent environment in which to live. Part of the problem was visual, how do you block a visually unattractive thing. The city had some ideas, he had other ideas, but nothing was ever definitively said that this is the plan. Part of the problem, he has is that the petition represents a great deal of good intentions, but there is nothing laid out to penalize a mine operator if he doesn't conform to some of the standards the city said it would like to have. He wanted the city to set out some specific controls and prepare a full plan in writing. Councilman Hill stated he would like to see the Council pass the petition now and direct the staff as a policy of the City Council that they enter into these discussions. There has been a lot of work done on this, but to have every iota of detail of the operation worked out in elaborate detail is a little extreme. Councilman Hill said he would be willing to direct the staff that it is the policy of the City Council that they must meet with the objectors and go over these things and then have this brought back to the City Council. He stated that this thing should be worked on between the staff and the people to the point that when a contract is ready to be let the procedures are tightened down to the place where they are a well -oiled piece of machinery, but didn't think this petition should be held hostage to that happening. If it doesn't happen, the City Council can hold the staff respons- ible as to why it isn't happening. Matt Fox stated that he agreed with Councilman Hill's intent, the problem is that once this is passed the Council no longer has any control. Councilman Gilliam asked Jerry Deering if the petition had been presented by anyone else with the uncertainties, would staff recommend its approval? Mr. Deering stated that it is a hypothetical questions, however With the conditions, a similar project would probably be recommended. Councilman Gilliam stated that he was bothered by the fact that one firm did a traffic study for a period of an hour and a half and questioned if the city required more information if the petition was presented by someone from the outside to have a valid traffic study. Assistant Corporation Counsel Binninger stated that additional traffic studies were done after the hearings, but the important thing is the city's traffic consultant agreed with the objector's traffic consultant, the bottom line being there would not be a major impact on McLean Boulevard. Councilman Hill stated that the Council, staff and objectors have to work in good faith as it is impossible to dot every i and cross every t without getting into something even more massive than what is before the Council today. !N VOLUME xLVI Councilman Gilliam asked at what point in time does the city have to commit itself as to where things are going to go? Councilman Kirkland stated that point is when the project is bid and the contract drawn, a lot of things are tied down at that time. Councilman Hill stated that the Council should direct the staff to talk with the objectors as a policy of the Council. Councilman Kirkland stated that he didn't think the Council would have to direct the staff to continue discussion with the objectors, because the staff has been in contact with the objectors all along. Matt Fox said he didn't think Councilman Kirkland wanted to make that statement. Councilman Kirkland reiterated that he did want to make that statement. Leo Nelson stated that he resented Mr. Fox saying the staff has not met with him, the staff has spent hours meeting with him. Fred Ledebuhr stated that he is an owner of one of the businesses in the industrial park and wanted to go on record that he does not oppose the gravel operation. Jeffrey Jahns, Attorney for Burnham Development Company, stated that the most important thing to consider here is that the Council is not yet prepared. The Council's desire; willingness and commitment to be reasonable and attempt to protect everybody's interest is irrelevant to the legal stage that the city is at, for example there is no plan whatsoever yet and the Council should be voting on a plan, not on good intentions. What is relevant is what the plan says now, and the plan does not meet any of the requirements either of the specific special use permit, temporariness, or being in conjunction with a park. If there is no park, there can't be work in conjunction with a park. Mayor Verbic stated that the Council is merely voting for the consideration of a petition, that's all we're doing and between now and the time of the ordinance the staff will have the opportunity to sit down with the participants who are here to discuss some of the factors which are bothering them before it comes up in final ordinance form. Attorney Jahns stated that the 30 acres of open space excludes roadways, stock- piles and parking spaces for trucks, so that's 30 acres plus 40 probably plus another 30 so that you are talking about 100 acres being open all the time. The city would never pin itself down, so the numbers are conjectural, it could be more than that. Councilman Hill pointed out the hyperbole that took place throughout the hear- ing; the years started out from 10 to 15, then as you go through the pages it goes from 15 to 20 and then it starts going to 25, it was like a growing thing all the way through. The things that were favorable such as having 30 acres of open face at any given time were ignored. The fact that it would ` -- come back for review yearly was ignored. The only reason an annual review would not be of value would be because of a fundamental distrust of the City Council, and as a City Council member Mr; Hill stated he would not for one instant back up any more votes, whether it comes from a commission or not, that the City Council of the City of Elgin is fundamentally untrustworthy. VOLUME XLVI 43 Matthew Fox stated that the problems he had with the gravel operation is what is close to his complex. He said he felt that this is something of such magnitude that you really have to understand gravel operations to understand what it is you're getting into and thought it unreasonable for anyone not in that industry to really feel they have a grasp of it. Councilman Kirkland stated that that is why the city hired consultants. Councilman Barnes stated to Mr. Fox that he understands he would like to have certain assurances in the operation of the gravel mine; you're not asking at this point for an opportunity to meet with the staff to go over substantive changes in the plan that has been presented, but you're asking for assurances on the protection of your people with the operation. Matt Fox stated that there was one change that is causing a tremendous amount of problem and that is the truck traffic. He didn't think anyone yet under- stood what 100,000 trucks means and that is a big problem for him. Councilman Hill stated that the city will go through the process of bidding by a contractor in terms of what the city asks the contractor to do and what kind of controls are needed to make it come out like the model at McGraw wild- life. Mr. Fox stated that a gravel operation is a large thing, the city does not at this time have a staff large enough to fully monitor that operation. He would like some guarantee of staff to be hired and an ordinance that when the opera- tion is begun, this is what will happen, but it is nothing but intent now. Councilwoman Nelson stated that the City Council has had confidence in Mr. Fox and still has confidence in him and she has never heard such good things come from staff as when he was working on Burnham Mill and Wing School and she didn't care to hear all over again about the lack of confidence in the Council and staff. Mr. Fox stated that when this project first began he sat down with Leo, Bob Malm and Rob Roll and went over it and some very basic things were not in it. At that point the city had not done a wind rose to find out the direction dust would be moving and until he requested it, it hadn't been donee The city staff hadn't done a drainage plan, taken soil borings to know where water problems were located. He pointed out to Mr. Dunn at the hearing that he had taken twice as many soil borings on the Burnham property, which consists of 44 acres as Dunn had taken of 400 acres and it didn't match Burnham's data, then Dunn went out and took more borings. Because of this Mr. Fox feels that throughout this thing it has been sort of loose, which he blames not on laxness, but on lack of knowledge of what a gravel operation entails. He stated that an expert testified that he took an hour and a half sitting in a car watching cars go by on a holiday and then makes the statement that there isn't much traffic at 8:00 in the morning, I sat there and watched it, on a holiday, and then didn't realize it was a holiday until it was pointed out to him. Mr. Fox said when he does traffic studies he puts people in a car for three weeks, 24 hours a day before coming to the city with a program. He again asked that the Council direct the staff to sit down with him and work out some of the problems. 44 VOLUME XLVI Mr. Nelson stated that he did not want to prolong this thing. He stated that the additional soil borings were taken not to satisfy Dr. Dunn, he was satisfied, it was to satisfy Mr. Fox. Mr. Nelson asked Mr. Fox to bring his whole agenda in writing when he was ready to sit down and discuss the.opera- tion. Councilman Barnes, asked that the operating controls be added as a condition to the ordinance, and suggested that the City Council add the condition that all revenues from the gravel operation be placed in a separate fund for park development Councilman Hill made a motion to approve petition 40 -80 requesting an R -2 single family residence district with the added considerations that the revenue derived from the gravel operation would be placed in a separate fund for park development, the operating controls as stated in Exhibit C would be included and subject to the approval by the State, seconded by Councilman Gilliam. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Jerry Deering, Land Use Administrator, stated that this petition concerns property located at the northeast corner of Villa Street and Liberty Street. the proposed sanitarium is more specifically an alcoholic rehabilitation center. The Department of Community Development has recommended approval of this petition, subject to the eight conditions outlined in the staff memorandum and the Elgin, Land Use Committee has also recommended approval of this petition and has submitted its findings of fact with its recommendations contingent upon those same eight conditions. Councilman Barnes made a motion, seconded by Councilwoman Nelson, to approve petition 46 -80. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Councilman Barnes made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays None. Ordinance No. G8 -81 AN ORDINANCE GRANTING THE SPECIAL USE PERMIT FOR A LIME RESIDUE STORAGE FACILITY EAST OF SOUTH McLEAN BOULEVARD WHEREAS, a written application has been made for a special use permit to permit the establishment, operation and maintenance of a lime residue storage facility on approximately 40 acres located east of South McLean Boulevard in the City of Elgin; and WHEREAS, the Land Use Committee of the City of Elgin conducted a public hearing after due notice as required by law; and WHEREAS, the Land Use Committee made its findings of fact and submitted its written recommendations that the proposed special use be granted subject to certain conditions; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommnendations of the Land Use Commnittee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a special use permit be and is hereby granted for the establishment, operation and maintenance of a lime residue storage facility on the following legally described property: That part of the Southeast quarter of Section 22 and part of the Northeast quarter of Section 27, all in Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at the Northwest corner of the Northeast quarter of the Southeast quarter of said Section 22; thence Southerly along the West line of the Northeast quarter of said,Southeast quarter, a distance of 1038.8 feet; thence Westerly along a line that forms an angle of 88 degrees 11 minutes to the right with the prolongation of the last described line, a distance of 1843.6 feet to the center line of McLean Boulevard (State Aid Route 18); thence Southwesterly along said center line, being a curve to the left, a distance of 574.65 feet; thence Southwesterly along said center line, tangent to the last described curve, a distance of 404.0 feet; thence South westerly, along said center line, a distance of 367.51 feet; thence Easterly, parallel with the South line of said Section 22, a distance of 1038.8 feet to the place of beginning; thence Southerly, along a line perpendicular to the South line of the Southwest quarter of said Section 22, a distance of 1620.0 feet to the South line of the North half of the Northeast quarter of said Section 27 as aforesaid; thence Easterly along said South line 1312 feet; thence Northerly along a line perpendicular to the South line of the Southwest quarter of Sec- tion 22 as aforesaid; a distance of 984 feet; thence Easterly parallel with the South line of the North half of the Northeast quarter of Sec- tion 27 as aforesaid, a distance of 536 feet; thence Northerly along a line perpendicular to the South line of the Southwest quarter of Section 22 as aforesaid, a distance of 660 feet to the South line of the Southwest quarter of Section 22; thence westerly 1848 feet more or less to the place of beginning. Being situated in the City of Elgin, Kane County, Illinois. M VOLUME XLVI located east of South McLean Boulevard in the City of Elgin, subject to: (1) Compliance with the terms and conditions of the Operation Reclamation Plans dated November 20, 1980;.and (2) Compliance with all other applicable codes and ordinances. Section 2. That the City Council of the City of Elgin hereby adopts the written findings of the Land Use Committee of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. Presented: February 11, 1981 Passed: February 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Nancy L. Johnson Nancy L. Johnson, Acting City Cler sl Richard L. Verbic Richard L. Verbic, or HOURLY Councilman Waters made a motion, seconded by Councilman Barnes, to pass the aforementioned ordinance. Yeas: Councilmen Barnes, Gilliam, Hill, 'Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 47 Ordinance No. G9 -81 AN ORDINANCE ESTABLISHING HOURLY RATES OF PAY FOR CERTAIN PART TIME EMPLOYEES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following hourly rate of pay be and is hereby established for the following part time position: Police Reserve (upon completion of the 240 hour Basic Police Course) $ 6.50 /hr.. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.. Section 3. That this ordinance shall be in full force and effect as of December 28, 1980. s/ Richard L. Verbic RiMard L. Verbic, My-or Presented: February 11, 1981 Passed: February 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest s/ Nancy L. Johnson Nancy L. Johnson, Acting City Clerk Councilman Gilliam made a motion, seconded 'by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 48 VOLUME XLVI RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO AN ANNEXATION AGREEMENT (Kennington Square) WHEREAS, on July 27, 1977 the City of Elgin entered into an annexation agreement with the owners of record of certain real estate described in Exhibit A which is attached hereto and made a part hereof by reference; and WHEREAS, the parties find it necessary and desirable to amend said annexation agreement; and WHEREAS, a public hearing has been conducted concerning the proposed amendment to the above described annexation agreement; and WHEREAS,.all hearings required by law have been held concerning the subject matter of the proposed second amendment to the,annexation agreement; and WHEREAS, the City Council of the City of Elgin finds that the proposed second amendment to the annexation agreement described above is in the best interest of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Mayor and City Clerk of the City of Elgin, be and are hereby authorized and directed to execute a second amendment to the annexation agreement heretofore made by and between the City of Elgin and the Bank of Ravenswood, Trustee under Trust Nos. 2177, 2279 and 2280, and Ken Kresmery, sole beneficiary thereunder, and Mae Hacker, individually and as Executor of the Estate of Herman Hacker, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Ri r Lo Ver ic, Mayor Presented: February 11, 1981 Adopted: February 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy L. JOhnSon Nancy o son, Acting City, ler RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AMENDMENT TO AN ANNEXATION (VALLEY CREEK) Councilwoman Nelson made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilman Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AN ANNEXATION AGREEMENT (Valley Creek) WHEREAS, on September 28, 1978 the City of Elgin entered into an annexation agreement with the owners of record of certain real estate described in Exhibit A which is attached hereto and made a part hereof by reference; and WHEREAS, the parties find it necessary and desirable to amend said annexation agreement; and WHEREAS, a public hearing has been conducted concerning the proposed amendment to the above described annexation agreements and WHEREAS, all hearings required by law have been held concerning the subject matter of the proposed amendment to the annexation agreement;° and WHEREAS, the City Council of the amendment to the annexation agreement interest of the City of Elgin. E. City of Elgin finds that the proposed described above is in the best NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute an amendment to the annexation agreement heretofore made by and between the City of Elgin and Valley Creek of Elgin, Inc., a Delaware Corporation, and Clarence D. Burnidge, Luella F. Burnidge, Alice Burnidge and Clarence D. Burnidge, Luella F. Burnidge, Alice Burnidge and The First National Bank of Elgin, as Trustees under the Last Will and Testament of Sidney G. Burnidge, Deceased, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Flayor Presented: February 11, 1981 Adopted: February 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy L. Johnson Nancy L Johnson, Acting City Clerk ADOPTED IN LIEU OF SURETY BOND Councilman Hill made.a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, H,11, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. s0 VOLUME XLVI RESOLUT ON IN LIEU OF SURETY BOND FOR WOR DONE IN STATE OF ILLINOIS' - RIGHTS OF WAY WHEREAS, the City of Elgin, located in the Counties of Kane and Cook, State of Illinois,. desires to undertake, in the year 1981; the location, construction, operation and maintenance of driveways and street returns, watermains, sanitary and storm sewers, street lights, traffic signals, sidewalks, landscaping, etc., on.State highways, within the City of Elgin, which by law and /or agreement come under the jurisdic- tion and control of the Department of Transportation of the 'State of Illinois; and WHEREAS,, an individual working permit must be obtained from the Department of Transportation prior to any of the aforesaid installations being constructed either by the City of Elgin or by a private person or firm under contract and supervision of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby pledges its good faith and guarantees that all work shall be performed in accordance with the conditions of the permit to be granted by the Department of Transporta- tion, and to hold the State of Illinois harmless on account of any damages that may occur to .persons or property during the prosecution of such work, and assume all liability for damages to persons or property due to accidents or otherwise by reason of the work which is to be performed under the provi- sion of said permit. BE IT FURTHER RESOLVED that the Director of Public Works /City Engineer and /or Director of Engineering are hereby instructed and authorized to sign said working permit on behalf of the City of Elgin. s[ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 11, 1981 Adopted: February 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: Nancy L. Johnson. Nancy L, Johnson, Acting City'Cler AUTHORIZING AN 0 Councilman Waters made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 51 RESOLUTION AUTHORIZING AN AMENDMENT TO AN AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY FOR A SERVICE DEVELOPMENT /DEMONSTRATION GRANT WHEREAS, the City of Elgin and the Regional Transportation Authority have heretofore entered into a certain Service Development /Demonstration Grant Agreement; and WHEREAS, the parties desire to amend said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized: and directed to execute, on behalf of the City of Elgin, an amendment agreement with the Regional Transportation Authority, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 11, 1981 Adopted: February 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: jNancy L. Johnson an n . Johnson, Acting Ciierk AUTHORIZING Councilwoman Nelson made a motion, seconded by Councilman Hill, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 52 RESOLUTION AUTFKIRIBING AN AGREEMENT WITH: THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION VOLUME XLVI BE IT RESOLVED BY THE CITY COUNCIL OF TflE CITY OF ELGIN,' ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement with the State of Illinois, Department of Transportation for sharing the costs of certain engineering services for the North End Bridge Project, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, , yor Presented: February 11, 1981 Adopted: February 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy L. Johnson Nancy L. Johnson, Acting City Cler RESOLUTION ADOPTED APPROPRIATING FUNDS PURSUANT TO Councilman Hill made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Fr . VOLUME XLVI 53 RESOLUTION APPROPRIATING FUNDS PURSUANT TO AN AGREEMENT WITH THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Elgin has authorized an agreement with the State of Illinois, Department of Transportation for sharing the cost of certain necessary engineering services for the North End Bridge project, Route FAD 1302.1309; and WHEREAS, it is necessary and appropriate to appropriate the share of the City of Elgin for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,,that there is hereby appropriated the sum of $50,643 for payment of the City of Elgin's share of the cost of certain engineering services for the North End Bridge Project, FAU 1302.1309. Presented: February 11, 1981 Adopted: February 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy L. Johnson Nancy L. o nson, Acting City Clerk RESOLUTION ADOPTED H.W. s/ Richard L. Verbic c ar L. er ic, Mayor Councilwoman Nelson made a motion, seconded by Councilman Barnes, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 54 RESOLUTION AUTHORIZING AN AGREEMENT WITH H.W. LOCHNER, INC. FOR PROFESSIONAL ENGINEERING SERVICES VOIDME XLVI . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute on behalf of the City of Elgin an agreement with H.W. Lochner, Inc. for engineering ser,ces for the North End Bridge Project, a copy of which is attached hereto and made a part hereof by reference.: sl Richard L. Verbic Richard L. er ac, Mayor Presented: February 11, 1981 Adopted: February 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: Na Jo Nan Johnson Nancy L. Johnson, Acting aty Jerk ADOPTED AUTHORIZING AN EXTENTION OF FOR Councilman Waters made a motion, seconded by Councilman Hill, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. i VOLUME XLVI RESOLUTION AUTHORIZING AN EXTENSION OF AN AGREEMENT WITH TRKLA, PETTIGREW, ALLEN AND PAYNE FOR PROFESSIONAL SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized to execute on behalf of the City of Elgin an extension of a certain contract with Trkla, Pettigrew, Allen and Payne for professional services, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 11, 1981 Adopted: Feburary 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy L Johnson Nancy L. Johnson, Acting City Clerk RESOLUTION S5 Councilman Barnes made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 56 VOLUME XLVI RESOLUTION AUTHORIZING AN AGREEMENT WITH BLACK $ VEATCH FOR RESIDENT ENGINEERING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,.. that Leo Nelson, City Manager, is hereby authorized and directed to enter into a contract with Black $ Veatch for resident engineering services in connection with waterwork improvements and water supply and distribution improvements in accordance with the letter of Black &, Veatch dated:. December 5, 1980, a copy of which is attached hereto. s/ Richard L. Verbie Richard er ic, Mayor Presented: February 11, 1981 Adopted February 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nancy L. Johnson ivancy L. Johnson, Acting City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO THE LAND USE C E, Councilman Kirkland made a motion, seconded by Councilman Barnes, to adopt the aforementioned resolution. Fred Ledebuhr, on behalf of the Elgin Property Owners Association, objected to the appointment of these individuals on the grounds that both of these persons currently derive their income from a taxing body and it is the Association's feeling that these positions should be filled by someone from private enterprise. Co:nc'Iman Gilliam asked Mir. Ledebuhr if it should be someone nominated by the Elgin Property Owners Association. Mr. Ledebuhr stated no; the Chamber of Commerce or anyone else could recommend an individual. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters. Mayor Verbic voted present. Nays: None. VOLUME XLVI 57 RESOLUTION APPOINTING MEMBERS TO THE LAND USE COMMITTEE AND PLANNING COMMITTEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Tom Ryan be and is hereby appointed as a member of the Land Use - Committee, to fulfill the unexpired term of Charles A. Treadwell, Jr. BE IT FURTHER RESOLVED that Edward Shock be and is hereby appointed as a member of the Planning Committee, to fulfill the unexpired term of Tom Ryan. s/ Richard L. Verbic RicharJ L. Verbic, Mayor Presented: February 11, 1981 Adopted: February 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Nana L. Johnson Nancy L. o on, Acting City Cler RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH INTERNATIONAL SYST S, INC. Councilman Hill made a motion, seconded by Councilman Barnes, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 58 VOLUME XLVI RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH INTERNATIONAL SYSTEMS,. INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement with Inter- national Systems, Inc., a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic ETia—M L. Verbic, Mayor Presented: February 11, 1981 Adopted.: February 11, 1981 Vote: Yeas 7 Nays p Recorded: Attest: s/ Nancy L. Johnson Nancy L. Johnson, Acting City Cleer cc RESOLUTION ADOPTED AUTHORIZING AN Councilman Gilliam made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution, Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. - VOLUME XLVI RESOLUTION AUTEDRIZING AN AGREEMENT WITH THE CENTRAL ELGIN CORPORATION WHEREAS, the Central Elgin Corporation conducts a civic program with respect to the development and improvement of trade, commerce, industry and residence within the City of Elgin and its adjacent trade area on a not -for- profit basis; and WHEREAS, the furtherance of the stated goals and purposes of the Central Elgin Corporation is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes and directs Leo Nelson, City Manager, to execute on behalf of the City of Elgin a contribution agree- ment with the Central Elgin Corporation, an Illinois not - for- profit corporation, a copy of which is attached hereto and made a part hereof by reference. Presented: February 11, 1981 Adopted: February 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: S/ Nancy L. Johnson Nancy L. Johnson, Acting City Cler RESOLUTION s/ Richard L. Verbic Richard L. Verbic, Mayor ING ACT W Councilwoman Nelson made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. , RESOLUTION EXPRESSING SUPPORT FOR THE ANMND41M OF THE ALCOHOLISM AND INTOXIFICATI.ON TREATMENT ACT VOLUME XLVI WHEREAS, upon the passage of the Alcoholism and Intoxification Treat- ment Act, it declared public drunkenness not to be the basis of criminal activity but established programs for a continuum of treatment, for such persons; and WHEREAS, the City of Elgin has found that due to the current treat- ment programs and lack of treatment facilities, intoxicated persons are not receiving the necessary care to protect their health or safety; and WHEREAS, the City of Elgin has found the state act to be unrealistic in that it also fails to protect those citizens who must come in contact with intoxicated persons; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it expresses its support for the amendment.of the Alcoholism and Intoxification Treatment Act to provide for longer mandatory commitments at detoxification facilities, for greater cooperation of other health facilities to admit intoxicated persons for treatment and to provide in certain instances that public Intoxification be the basis for a criminal offense. s/ Richard L. Verbic Richard 7 WIRE, yor Presented: February 11, 1981 Adopted: February 11, 1981 Voter Yeas 7 Nays 0 Recorded: Attest: s/ Nancy L. Johnson Nancy L. Johnson, Acting City C.er RESOLUTION ADOPTED APPROPRIATING MOTOR FUEL Councilwoman Nelson made a motion, seconded by Councilman Barnes, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI RESOLUTION APPROPRIATING MOTOR FUEL TAX FUNDS FOR TRAFFIC SIGNAL IMPROVEMENPS WHEREAS, the City of Elgin has entered into an Agreement with the State of Illinois for the modernization of traffic control signals and installation of emergency vehicle pre - emption equipment at the inter- section of Illinois Route 31 at Davis Road, known as STATE Section R -TS -80 and as CITY Section 81- 00117- 00 -TL; and WHEREAS, in compliance with the aforementioned Agreement, it is necessary for the CITY to appropriate sufficient Motor Fuel Tax Funds to pay its share of the cost of said traffic signal improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that there is hereby appropriated the sum of Ten Thousand Five Hundred and no /100 dollars ($10,500.00) or so much thereof as may be necessary, from any money now or hereinafter allotted to the City, under provisions of the Motor Fuel Tax Law, to pay for its share of the cost of these improvements as provided in this Agreement; and 61 BE IT FURTHER RESOLVED that upon award of the contract for these improvements, the City shall pay to the Department of Transportation of the State of Illinois, in a lump sum from any funds allotted to the City, under the Motor Fuel Law, an amount equal to 95% of its obligation incurred under this Agreement, and will pay to the said Department the remainder of its obligation (including any non - participating costs for FA projects) in a lump sun, upon completion of the project based upon final costs; and BE IT FURTHER RESOLVED that the City agrees to pass a supplemental resolution to provide necessary funds for its share of the cost of these improvements if the amount appropriated herein proves to be insufficient to cover said cost. s/ Richard L. Verbic RiEEard L. Verbic, Mayor Presented: February 11, 1981 Adopted: February 11, 1981 Voter Yeas 7 Nays 0 Recorded: P,ttest. S/ Nancy L. Johnson Nancy L. Johnson, Acting City ClerT ACCEPTANCE OF PROPOSAL TO PURCHASE GOLF CARS Councilman Hill made a motion, seconded by Councilman Barnes, for the acceptance of the proposal from Nadler Harley- Davidson for the purchase of four golf cars, for a cost of $5,500.00. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 62 Shemshedin Haj ro Rhonda Tepper ., A. J. Westerman Gertrude Leslie FOR PAYMENT TO VARIOUS 68 North Liberty Street 659 Chester Avenue 520 North Spring Street 420 Brook Street (a) partial rebate (b) received a partial rebate on 11/26/80 VOLUME XLVI $5,000,00 $3,500.00 $1,973.00(a) $2,100.00(b) Councilman Hill made a motion, seconded by Councilman Kirkland, to approve the aforementioned payments. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic, Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS National League of Cities Annual Membership.Dues $,1,755.00 Ron Jones Electric American Little League Lighting $10,000.00 General Motors Corp, Stock for Buses $ 1,526.27 Rydin Equip. $ Automotive Bus #8092 $ 3,880.05 United Diesel Service Bus #8081 $ 3,253.68,, Councilman Barnes made a motion, seconded by Councilwoman Nelson, to approve the aforementioned payments. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None, APPROVAL OF 1981 SCAVENGER LICENSE Councilman Kirkland made a motion, seconded by Councilman Waters, to approve the following 1981 scavenger license: Arc Disposal Co., Inc: Yeas: Council- men Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Elgin Public Property and Recreation Board Minutes; January 27 1981 1980 Transit Ridership Report Water Accounts Receivable for the Month of January Budget Summary Councilman Gilliam made a motion, seconded by Councilman Waters, to place the aforementioned reports on file. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None, ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City, Council, Council- man Hill made a motion, seconded by Councilman Waters, to adjourn the meeting. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic, Nays: None. The meeting was adjourned at 9 :43 P.M. Nancy L. J nson, Ac City Clerk r I VOLUME XLVI February 25, 1981 63 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on February 25, 1981, at 8:10 P.M., in the Council Chambers,of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Mayor Verbic, and the Pledge of Allegiance was led by Councilman Gilliam. Roll call was answered by Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Absent: None. Staff members present: Nelson, Yearman, Jentsch, Malm, Sarro', Miller, Dahl. Van De Voorde, Baird and Kaiser. MINUTES OF THE FEBRUARY 11, 1981 COUNCIL MEETING APPROVED AS 'PUBLISHED Councilman Barnes made a motion, seconded by Councilman Hill, to approve the February 11, 1981 Council. Minutes as published. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING CHANGE ORDERS I AND 2 TO CONTRACT FOR LIME RESIDUE DISPOSAL FACILITY Councilman Waters made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 64 RESOLITPION AUTHORIZING CHANGE ORDERS 1 AND 2 TO CONTRACT FOR LIME RESIDUE DISPOSAL FACILITY VOLUME XLVI WHEREAS, the City of Elgin has heretofore entered into a contract with Valley Engineering Company for the construction of lime residue disposal facilities; and WHEREAS, it is necessary and desirable to effect certain changes in the improvement. NOW, THEREFORE, BE I ELGIN, ILLINOIS, that Leo authorized and directed t the City of Elgin, copies hereof by reference, to a and Valley Engineering Coy ' RESOLVED BY THE CITY COUNCIL OF THE CITY OF Nelson, City Manager, be and is hereby execute Change Order 1 and 2 on behalf of of which are attached hereto and made a part certain contract between the City of Elgin ipany for lime residue disposal facilities. s/ Richard L. Verbic Echard L. Verbic, Mayor Presented: February 25, 1981 Adopted: February 25, 1981 Vote: Yeas 7 Nays 0 Recorded: yAttest: s/ Marie Yearkian rie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR AN ALCOHOLIC TREATMENT SANITARIUM AT bOO VILLA STREET Councilman Hill made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Ordinance No. G10 -81 AN ORDINANCE GRANTING A SPECIAL USE FOR AN ALCOHOLIC TREAIM 34T SANITARIUM AT 600 VILLA STREET WHEREAS, written application has been made for a special use permit, to permit the establishment, operation and maintenance of an alcoholic treatment sanitarium at 600 Villa Street, Elgin, Illinois; and WHEREAS, the Land Use Committee of the City of Elgin conducted a public hearing after due notice in the manner provided by law; and WHEREAS, the Land Use Committee has submitted its written findings and recommendation that the requested special use be granted subject to certainlconditions•, and WHEREAS, the City Council of the City of Elgin concurs in the find- ings, and recommendations of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That it hereby adopts the findings of the Land Use Committee, a copy of which are attached hereto and made a part hereof by reference, as Exhibit A. Section 2. That a special use permit be and is hereby granted for the establishment, operation and maintenance of an alcoholic treatment sanitarium at 600 Villa Street located in the City of Elgin, Illinois, legally described as follows: Lots 1, 2, 3, 4, 5, 6 and the Southerly three feet of Lots 7 and 8 and Lots 9 and 10 in Block 1 of Edward C. Lovell Addition to Elgin, in the City of Elgin, Kane County, Illinois. subject to the following conditions: A. Conformance with the Lovellton program outline, a copy of which is attached hereto and made a part hereof by reference as Exhibit B. B. Compliance with applicable Illinois Department of Public Health Licensing Requirements. C. Compliance with the operational conditions of the State Fire Marshal and Elgin Fire Prevention Bureau. D. Restriction of patient visiting to evening hours and weekends in order to insure adequate off-street parking. E. Demolition of the vacant structure located on the subject property and the use of said area for five additional parking spaces. 66 VOLUME XLVI F. Substantial conformance with the site plan prepared by William M. Brown, a copy of which is attached hereto and made a part hereof by reference as Exhibit C. G. Posting of a performance bond in an amount determined by the City Engineer to be equal to 125 percent of the cost of required site improvements prior to the issuance of a temporary occupancy permit to insure installation of said improvements.: H. Compliance with all applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard er ac, Mayor Presented: February 25, 1981 Passed: February 25, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Year an rie Yearman, ity.Cler ORDINANCE PASSED AMENDING THE PROVISIONS OF THE RESIDENTIAL REHABILITATION GRANT'PROGRAM Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Ordinance No. Gll -81 AN ORDINANCE AMENDING THE PROVISIONS OF THE RESIDENTIAL REHABILITATION GRANT PROGRAM WHEREAS, the City of Elgin has heretofore established a residential rehabilitation grant program to encourage the rehabilitation of older housing units which are in disrepair or deterioration; and WHEREAS, the City of Elgin desires to expand the residential rehabili- tation program to increase the grant for those individuals which the Depart- ment of Housing and Urban Development has determined to be within their guidelines as very low income; and WHEREAS, the City of Elgin is a home rule unit within the meaning of the Constitution of the State of Illinois and is authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, it is within the government and affairs of the City of Elgin and in the interest of the public health, safety and welfare to promote the rehabilitation of the deteriorating residential buildings in the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 3 of Ordinance No; G28 -78, as amended by Ordinance No. G28 -79, as amended by G45 -79, as amended by G34 -80, be and is hereby amended to read as follows: "Section 5. Grants. E. Individuals within the corporate limits of the City of Elgin. The amount of any grant for owner - occupied dwelling units that meet the current Housing and Urban Development's Section 8 very low income guidelines shall be one hundred percent of the eligible repairs up to a maximum amount of $1,000.00. For eligible repairs over $1,000.00 the individual shall receive a grant in accordance with the current grant reimbursement chart." 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 after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. er ic, Mayor VOLUME XLVI Presented: February 25, 1981 Passed: February 25, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City ler RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF CONSERVATION FOR THE MAINTENANCE OF "OLD MAIN" Councilman Hill made -a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None, VOLUME XLVI 69 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF CONSERVATION FOR THE MAINTENANCE OF 1101D MAIN, WHEREAS, the Department of Conservation has transferred, awarded and paid to the City of Elgin an historic preservation annual grant in the amount of Seventy Nine Thousand Dollars for preservation of the Elgin Academy, commonly known as Old Main, under the provisions of the National Historic Preservation Act of 1966; and WHEREAS, under the terms of the grant it is the obligation of the City of Elgin to assume certain obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson; City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of.Conservation, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic RIEHard L. er ic, Mayor Presented: February 25, 1981 Adopted: February 25, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: UMarie a rihan Marie earman, City Clerk RESOLUTION ADOPTED PROVIDING FOR THE MEMBERSHIP AND ORGANIZATION OF THE FIRE DEPARTMENT Councilman Hill made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 70 VOLUME XLVI RESOLUTION PROVIDING FOR THE MEMBERSHIP AND ORGANIZATION OF THE FIRE DEPARTMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Fire Department shall consist of seventy -six (76) members, of which one member shall be chief, no more than three (3) members shall hold the rank of deputy chief, no more than eight (8) members shall hold the rank of captain, no more than eighteen (18) members shall hold the rank of lieutenant, and the balance of said members shall be of firefighter rank. 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 from and after March 1, 1981. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 25, 1981 Adopted: February 25, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: A s/ Marc i � e Y a an rie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING DEED OF CONVEYANCE OF LOT IN PARKWOOD EAST UNIT Councilman Hill made a motion, seconded by Councilman Barnes, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor. Verbic. Nays: None. VOLUME XLVI 71 RESOLUTION ACCEPTING DEED OF CONVEYANCE OF LOT 74 IN PARKWOOD EAST UNIT 2. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain deed of conveyance dated October 20, 1980 executed by LaSalle National Bank, as Trustee under Trust Number 54648, a copy of which is attached, conveying the following described property: Lot 74 in Parkwood East Unit 2 -, a subdivision in the Northwest Quarter of Section 17,- Township 41 North, Range 9 East of the Third Principal Meridian, Cook County, Illinois, according to the Plat thereof recorded September 6, 1978 as Document 24614508 and the Certificate of Correction thereof recorded October 20, 1978 as Document 24681307. s/ Richard L. Verbic Richara L. Verbic, Mayor Presented: February 25, 1981 Adopted: February 25, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: sue% Marie Yearm n Marie earman, City Clerk RESOLUTION ADOPTED CONCURRING IN PROPOSED ROADWAY IMPROVEMENTS ON ILLINOIS ROUTE 5 , FROM THE FOX RIVER TO KANE -COOK COUNTY LINE Councilman Waters made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 72 VOLUME XLVI RESOLUTION CONCURRING IN PROPOSED ROADWAY IMPROVEMENTS ON ILLINOIS ROUTE 58, FROM THE FOX RIVER TO KANE -COOK COUNTY LINE WHEREAS, the Illinois Department of Transportation has proposed certain roadway improvements on Illinois. Route 58, from the Fox River to Kane -Cook County Line, a copy of which is attached; and WHEREAS, the corporate authorities of the City of Elgin hereby concur in said improvements and the assumption by the City of Elgin of certain obligations in connection therewith'. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to authorize concurrence by executing the proposal attached hereto. S/ Richard L. Verbic c ar L. 7e-rbic, Mayor Presented: February 25 1981 Adopted: February 15, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A FIRE PROTECTION AGREEMENT WITH BRADY READY MIX CO-P NY Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 73 RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT WITH BRADY READY MIX COMPANY WHEREAS, the Brady Ready Mix Company, a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said company has requested the City of Elgin to furnish fire protection services for said property upon certain terms and condi- tions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin, with the Brady Ready Mix Company, for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard Verbic, Mayor Presented: February 25, 1981 Adopted: February 25, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: S/ s/ Marirman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A FIRE PROTECTION AGREEMENT WITH DESOTO, 1NC. Councilman Barnes made a motion, seconded by Councilman Hill, to adopt the aforementioned resolution -. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 74 RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT WITH DESOTO, INC. VOLUME XLVI WHEREAS, the Desoto, Inc., a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said company has requested the City of Elgin to furnish fire protection services for said property upon certain terms and condi- tions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin, with the Desoto, Inc., for fire protection service, a copy of which is attached hereto and made a part hereof by reference s/ Richard L. Verbic Echard L. Verbic, Mayor Presented: February 25, 1981 Adopted: February 25, 1981 Vote: Yeas 7 Nays 0 Recorded: �FAttest: s/ Mar Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A FIRE PROTECTION AGREEMENT WITH LEEWARDS CREATIVE CRAFTS Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters, and Mayor Verbic. Nays: None. VOLUME XLVI RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT WITH LEEKARDS CREATIVE CRAFTS, INC. 75 WHEREAS, LeeWards Creative Ctafts, Inc., a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said company has requested the City of Elgin to furnish fire protection services for said property upon certain terms and condi- tions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin, with LeeWards Creative Crafts, Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 25, 1981 Adopted: February 25, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A FIRE PROTECTION AGREEMENT WITH SHAKEPROOF DIVISION ILLINOIS TOOL WORKS; INC. Councilman Hill made a motion, seconded by Councilman Barnes, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic, Naysa None. 76 VOLUME XLVI RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT WITH SHAKEPROOF DIVISION, ILLINOIS-TOOL WORKS, INC. WHEREAS, the Shakeproof Division, Illinois Tool Works, Inc., a corpora- tion, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said company has requested the City of Elgin to furnish fire protection services for said property upon certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson; City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin, with the Shakeproof Division, Illinois Tool Works, Inc., for fire protection service, a copy of which is attached hereto and made a part hereof by reference. S/ Richard L. Verbic Richard er ic, Mayor Presented: February 25, 1981 Adopted: February 25, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye man Marie Yearman, City Cler RESOLUTION ADOPTED AUTHORIZING AGREEMENTS FOR COMPUTER EQUBP ENT WITH ME OREX BUSINESS SYSTEMS DIVISION Councilman Hill made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 77 RESOLUTION AUTHORIZING AGREEMENTS FOR CUTER EQUIPMENT WITH MEMOREX BUSINESS SYSTEMS DIVISION WHEREAS, the current computer system used by the City of Elgin is no longer capable of meeting the expanded needs of the City of Elgin for computer services; and WHEREAS, the City of Elgin is now in the process of expanding and improvement the benefits derived from its computer system; and WHEREAS, Memorex Business Systems Division has submitted a proposal to provide the computer equipment and maintenance that would provide for the future computer requirements of the City of Elgin; and WHEREAS, said proposal is in the best interest of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo'Nelson, City Manager, be and is hereby authorized and directed to execute purchase and maintenance agreements with Memorex Business Systems Division for three terminals and a tape drive, a copy of which is attached hereto and made a part hereof by reference. s /Richard L. Verbic Richard L. Verbic, Mayor Presented: February 25, 1981 Adopted: February 25, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an rie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT FOR 'COMPUTER EQUIP - MENT WITH DATA EXCHANGE Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic, Nays: None. 78 VOLUME XLVI RESOLUTION AUTHORIZING AN AGREBiQ+Yf FOR COMPUTER EQUIPMENT WITH DATA EXCHANGE WHEREAS, the current computer system used by the City of Elgin is no longer capable of meeting and expanded needs of the City of Elgin for computer services; and WHEREAS, the City of Elgin is now in the process of expanding and improving the benefits derived from its computer system; and: WHEREAS, Data Exchange has submitted a proposal to provide the computer equipment that would provide for the future computer requirements of the City of Elgin; and WHEREAS, said proposal is in the best interest of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute an agreement for sale of IBM Device Adapter, Display Station and Data Entry Keyboard with Data Exchange, a copy of which is attached hereto and made a. part hereof by reference. s/ Richard L. Verbic ar M Verbic, yor Presented: February 25 1981 Adopted: February 15, 1981 Vote: Yeas 7 Nays 0 Recorded jAttest: s/ Marie Yeaan rae Tearman, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Dunn Geoscience Corp. W.A. Rakow & Assoc General Motors Corp Rydin Equip. & Automotive Additional expense for geological and planning services. Survey for easement in conjunction with Lime Residue Transmission Line. Misc. stock parts for GMC buses. Bus 7#8085 repairs. $ 13,956.55 $ 2,556.00 $ 3,718.87 $ 3,853.30 t VOLUME XLVI 79 Layne - Western Co. Repairs to Well 5A $ 4,715.00 New Products Safety Corp. Purchase of Res -Q -Deck for river rescue attempts. $ 3,950.00 Fire Service Supply Repairs to Fire Engine #1. $ 2,851.24 Kirwan Trane Agency Annual service to Trane Water chillers for City Hall - Hemmens. $ 1,863.00 Chicago Toro Purchase of two used Trailers. $ 1,900.00 Fox Valley Exteriors Rehabilitation of Fox Valley Mental Health Center. $ 2,768.00 Eugene LaMaire Rehabilitation of Fox Valley Mental Health Center. 80.00 Councilman Hill made a motion, seconded by Councilman Barnes to approve the aforementioned payments. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for November, 1980 Cemetery Report for the month of January, 1981 Public Works & Engineering Report for November /December, 1980 Budget Summary Councilman Gilliam made a motion, seconded by Councilwoman Nelson to place the aforementioned reports on file. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come Councilman Hill made a motion, seconded adjourn the meeting. Yeas: Councilmen Nelson, Waters and Mayor Verbic. Nays: adjourned at 8:25 P.M. Marie Yearman,VCity Cler before the Elgin City Council, by Councilwoman Nelson, to Barnes, Gilliam, Hill, Kirkland, None. The meeting was li VOLUME XLVI March 11, 1981 COUNCIL OF THE CITY OF ELGIN,.ILLINOIS COUNCIL - MANAGER 'FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on March 11, 1981, at 8:05 P.M., in the Council Chambers of City Hall. The meeting was. called to order by Mayor Verbic. The Invocation was given by Mayor Verbic and the Pledge of Allegiance was led by Councilwoman Nelson. WE Roll call was answered by Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Absent: None. Staff members present: Nelson, Yearman,.Jentsch, Binninger, Wagner, Deering, Ally, Van De Voorde and Sarro. MINUTES OF THE FEBRUARY 25, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Barnes made a motion, seconded by Councilman Waters, to approve the February 25, 1981 Council Minutes as published. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS TION OF THE RESULTS OF THE PRIMARY N WHEREAS, a primary election for the nomination of candidates for the offices of three councilmen to be elected at large of and for the City of Elgin, Kane and Cook Counties, Illinois, was held on the last Tuesday of February;,i 1981, being February 24, 1981; and Whereas, the election authorities of Kane and Cook Count=ies transmitted a tally sheet or certificate of results for each precinct in the City of Elgin; and Whereas, the Election Code of the State of Illinois provides that a canvassing board composed of the Mayor, City Attorney and City Clerk shall open and canvass the precinct returns, proclaim the results of the primary election and file its proclamation certificate with the appropriate election authorititesg and Whereas, the canvassing board of the City of Elgin has canvassed the precinct returns as required by the Election Code of the State of Illinois. Now, Therefore, it is hereby proclaimed by the canvassing board of the City of Elgin that the following number of votes was cast for each candidate for the office of Councilman for the City of Elgin: 81 VOLUME XLVI Kane Cook County - County Total Herb Hill 1619 194 1813 Tryst Anderson 985 137 1122 Richard G. Hammes 1362 171 1533 Herbert Gross 1114 94 1208 Alan J. Coulson 1934 247 2181 Elmer Hansen 2033 245 2278' Ery Schmidt 2383 296 2679 Larry Michelson 1344 165 1509 Robert Gilliam 2171 288 2459 Thomas ''Pat" Crawford 751 117 868 It Is Hereby Proclaimed that the following persons have been nominated for the office of Councilman, three of whom are to be elected at large at the regular election for Councilman for the City of Elgin to be held on the first Tuesday of April, 1981: Ery Schmidt Robert Gilliam Elmer Hansen Alan J. Coulson Herb H'i l l Richard G. Hammes This is to certify that the foregoing proclamation of results of the primary election for the office of Council for the City of Elgin is true and correct. -Given under Our hands this 4th day of March, 1981 s/ Richard L. Verbic Mayor s/ E. Jentsch City Attorney s/ Marie Yearman City C er BID AWARDED FOR SOFTBALL EQUIPMENT SUPPLIES Councilman Barnes made a motion, seconded by Councilwoman Nelson, to award the bid for softballs, pitching rubbers and throw down home plates to Hayden's for a total amount of $4,032.00, and to award the bid for bases, base straps, softballs, an& base spikes to Ned Singer Sports Supply for a total amount of $1,692.20. -Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. `''' VOLUME XLVI BID AWARDED FOR ELEVATOR SERVICE CONTRACT RN Councilman Waters made a motion, seconded by Councilwoman Nelson, to award the ,1981 elevator service contract to the low bidder, Long Elevator & Machine Company for $390.88 per month. Yea's: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson,: Waters and Mayor Verbic. Nays: None. I The petitioners, Mr. and Mrs. Robert Wauchope and Mr. and Mrs. Edward McArdle, were represented by Attorney Lyle C. Brown. Jerry Deering representing the Community Development Department stated the lots which comprise the subject property meet all the requirements for development as two family residences. The Community Development Department has no objection to the concept of rezoning the south side of Federation Place to R -3 Two Family Residence District. However, the department does object to a piecemeal rezoning which would leave one of the six lots zoned R -1 S -ingle Family Residence District. Furthermore, this remaining lot is already developed with a two family residence. Therefore the depa.r:tment's recommendation for the approval of Petition 1 -81 is subject to the City Council's direction'to rezone the property at 435 -437 Federation Place from R -1 Single Family Residence District to R -3 Two Family Residence District. The Land Use Committee recommended the approval of Petition 1 -81 by a vote of 4 -0. Councilman Kirkland made a motion, seconded by Councilman Hill, to approve Petition 1 -81, subject to the staff's recommendation. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED DESIGNATING THE ELGIN HISTORIC DISTRICT Mayor Verbic congratulated Charles Behrens, President of the Gifford Park Association, and thanked him and all the people who participated in the establishment of this historical district. Mr. Behrens presented the Mayor with a plaque which sets forth all properties currently listed on the National Register of Historic Districts in the City of Elgin. This plaque is to be affixed to the Old Main Building. Councilwoman Nelson made a motion, seconded by Councilman Hill, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. RESOLUTION DESIGNATING THE ELGIN- HISTORIC DISTRICT VOLUME XLVI WHEREAS, the area described in Exhibit A attached hereto has been identified in "Architecture and Historic. Urban Neighborhoods of the Fox River" by Kane County Urban Development Department, inventoried by the Illinois.Department of Conservation and researched by E. C. Alft in "The Elgin Historic District1 (see attached) as a significant historical and architectural area of the City of Elgin; and WHEREAS, the "Elgin Historic District" includes part of the original plat of Elgin as laid out by James T. Gifford, the founder of Elgin; and WHEREAS, all properties, currently listed on the National Register of Historic Places in the City of Elgin are contained within the "Elgin Historic District "; and WHEREAS, seventy -five percent of the structures located within the "Elgin Historic District" date from the 1850's to 1900 and encompass a broad range and diversity of architectural styles; and WHEREAS, it is appropriate to designate areas having special historic, commmity or aesthetic interest or value for the purpose of recognizing Elgin's historic, aesthetic, architectural and cultural heritage; enhanc- ing one of the city's 'oldest residential areas; promoting civic pride through an awareness of Elgin's unique development and history; and en. -- cquraging conservation of an important segment of the man -made environ- ment of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Council of the City of-Elgin hereby designates the territory described in Exhibit A attached hereto and made a part hereof by reference be and is hereby designated as the "Elgin Historic District." s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: March 11, 1981 Adopted: March 11, 1981 Vote Yeas 7 Nays 0 Recorded: Attest: s/ Marie YeArman Marie Yearman, City Cler RESOLUTION ADOPTED AUTHO AN AGREEMENT Councilman Hill made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None; VOLUME XLVI RESOLUTION AUTHORIZING AN AGREEMENT WITH CHICAGO FIREWORKS COMPANY BE IT RESOLVED BY THE CITY COUNCTL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Chicago Fireworks Company, a copy of which is attached hereto and made a part hereof by reference, s/ Richard L. Verbic Richard er ic, Mayor Presented: March 11, 1981 Adopted: March 11, 1981 Vote: Yeas 7 Nays 0 Recorded: ,9 Attest: LQ s/ Marie Ye rman rie Yearman, _717-Clery ORDINANCE PASSED AMENDING THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN Councilman Waters made a motion, seconded by Councilman Hill, to pass the aforementioned ordinance. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. NO VOLUME XLVI Ordinance No. G14 -81 AN ORDINANCE AMENDING THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance.No. G79 -80 providing for position classifi- cation and pay plans is hereby amended as follows: A. That the position titled "Water Operations Engineer" be and is hereby deleted from Range 42B of the Official Salary Plan. B. That the position titled "Water Operations Engineer" be and is hereby added to Range 46B of the Official Salary Plan. Section 2. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. er c, yor Presented: March 11, 1981 Passed: March 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Publish�:ds Attest: te MM Marie y tmn rie earman, ity Clerk—_ ORDINANCE PASSED AMENDING AN'-ORDINANCE PROVLDING FOR EMERGENCY TOWING AND THE TOWING OF ABANDONED VEHICLES Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Ordinance No. G13 -81 AN ORDINANCE AMENDING AN ORDINANCE PROVIDING FOR EMERGENCY TOWING AND THE TOWING OF ABANDONED VEHICLES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.84.040 of Chapter 6.84 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the follow- ing: "L. Between the hours of 8:00 a.m. and 6:00 p.m., applicants shall tow at no cost to the owner or the city all vehicles towed for evidentiary purposes, recovered as stolen vehicles or towed for other legitimate police purposes. Disabled police vehicles shall also be towed at no cost to the city, if the city's towing vehicle is unavailable. M. Between the hours of 6:00 p.m. and 8 :00 a.m.4 applicants shall tow at one half the authorized charges to the owner or city all vehicles towed for evidentiary purposes, vehicles recovered as stolen, police vehicles that are disabled or vehicles towed for other legitimate police purposes. N. Applicants shall provide to the city an inventory of all vehicles that are still stored in its storage facility at the end of each month on or before the tenth day of the next month." Section 2. That Section 6.84.050 of Chapter 6.84 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "6.84.050 Authorized charges. Applicants shall not charge for towing services performed at the request of the city at any rate greater than the following: A. Passenger cars, twenty -five dollars; B. Trucks less than fifteen thousand pounds gross vehicle weight, factory rated capacity, to include VW buses, Econolines, Chevy vans and pickup trucks, thirty dollars; C. Trucks over fifteen thousand pounds gross vehicle weight, but less than forty -five thousand pounds gross vehicle weight, thirty -five dollars and fifty cents; D. Trucks over forty -five thousand pounds gross vehicle weight, forty -four dollars and fifty cents; Additional Charges: shall be based on the time that the applicant receives the call to tow the vehicle; E. Night towing surcharge (six p.m. to eight a.m.), five dollars; 87 VOLUME XLVI F. Dolly, when ail four wheels are locked or missing (night or day)., fifteen dollars', ;._.'. G. Winch (night or day), ten dollars; H. Storage for vehicles kept less than twenty-four-hours, no charge; I. Outside storage rate per vehicle per calendar day, five dollars." Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after April 1; 1981. s/ Richard L. Verbic Richard e lc, Mayor Presented_ March 11, 1981 Passed: March 11, 1981 Vote: Yeas 7 Nays 0 Recorded:. Published: Attest: Marie Yeagman Marie Yearman, C77Y Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. -Z IN THE CONTRACT WI H ILLINOIS HYDRAULIC CONSTRUCTION COMPANY FOR CONSTRUCTION OF A WATER TREATMENT PLANT Councilman Hill made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 88 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH ILLINOIS HYDRAULIC CONSTRUCTION COMPANY FOR CONSTRUCTION OF A WATER TREATMENT- PLANT WHEREAS, the City of Elgin has heretofore entered into a contract with the Illinois Hydraulic Construction Company for construction of a, water treatment plant; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order Number 2, attached hereto. NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order Number 2; a copy of which is attached hereto and made a part hereof by reference., s/ Marie Yearman Richard L. Verbic, Mayor Presented: March 11, 1981 Adopted: March 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attests f` s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER N0. T IN THE CONTRACT WITH CARL WALKER & ASSOCIATES, INC. FOR CONSTRUCTION OF A PARKING FACILITY Councilman Waters made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 89 VOLUME XLVI RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH CARL WALKER $ ASSOCIATES, INC. FOR CONSTRUCTION OF A PARKING FACILITY WHEREAS, the City of Elgin has heretofore entered into a contract with Carl Walker $ Associates, Inc. for construction of a parking facility; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order Number 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order Number 1, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic RUMM E. 7e-rbic, Mayor Presented: March 11, 1981 Adopted: March 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: r I s c�ie earMj' a n rie Yearman, City Clerk RESOLUTION ADOPTED REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE ROUTES 0, 5;, an 5 FOR FOX VALLEY TROT Councilman Kirkland made a motion, seconded by- Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVi .E RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE ROUTES 20,-19, 58, 31 AND 25 FOR FOX VALLEY TROT WHEREAS, the City of Elgin has applied for and received permission from this Council to stage the "Valley Fax Trot ", a ten (10) mile marathan race within the city limits of Elgin, on Monday, May 25, 1981, from 8 :,00 a.m. until 12:00 p.m., conditioned upon securing permission from the Department of Public Works and Buildings, State of Illinois, to close portions of State Route 20, Route 19, Route 58, Route 31 and Route 25 and detour traffic for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission as hereinbefore specified; and BE IT FURTHER RESOLVED that the City assume; full responsibility during the time the detour is in effect, and all liabilities for damage of any kind occasioned by the closing of the state routes. It is further agreed that an efficient and all weather detour will be maintained and conspicuously marked for the benefit of traffic diverted from the state routes, s/ Richard L. Verbic a o Verbic, My—or Presented. March 11, 1981 Adopted. March 11, 1981 Vote. Yeas 7 Nays 0 Recorded: Attest- s/ Marie Year an rae Yearman, City Clerk .RESOLUTION .ADOPTED - 'CONCURRING -- IN PROPOSED STREET IMPROVEMENTS TO IL;LINOIS'ROUTE Councilman Hill made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas.- Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. r 91. RESOLUTION VOLUME XLVI CONCURRING IN PROPOSED STREET IMPROVE4ENTS TO ILLINOIS ROUTE 58 WHEREAS, the Illinois Department of Transportation has proposed certain street improvements to Illinois Route 58 from the.Fox River to the Kane--Cook County Line consisting of resurfacing and traffic signal moderniation; and WHEREAS, the City Council of the City of Elgin has reviewed the program proposal and concurs in the proposal., NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby concurs in the proposal for the improve- ment of Illinois Route 58 from the Fox River to the Kane -- Cook County Line as described the:letter of the Illinois Department of Transportation dated January 27, 1981, a copy of which is attached hereto and made a part hereof by reference, including specifically Exhibit A attached thereto. BE IT FURTHER RESOLVED that the City Clerk of the City of Elgin is hereby authorized and directed to forward a certified copy of this resolu- tion with exhibits attached to the Illinois Department of Transportation. s/ Richard L. Verbic Fachard. L. Verbic, Mayor Presented: March 11, 1981 Adopted: March 11, 1981 Vote: Yeas 7 Nays 0 Recorded Attest: d ; ,.. ..C._.tc_J✓WL�t..t�.1 s/ Marie Year n rie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH THE STATE OF ILLINOIS FOR IMPROVEMENT OF A PORTION OF ILLINOIS ROUTE 5 Councilman Kirkland made a motion, seconded by Councilman Hill to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI RESOLUTION AUTHORIZING AN AGREEMENT WITH THE STATE OF ILLINOIS FOR IMPROVEMENT OF A PORTION OF ILLINOIS ROUTE 25 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY'OF'ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an agreement with the Illinois Department of Transportation for the improvement of Illinois.Route 25 ' a copy of which is attached hereto and made a -part hereof by reference. s1 Richard L. Verbic Richard o VeMic, Mayor Presented March 11, 1981. Adopted: March 11, 1981 Voter Yeas 7 Nays 0 Recorded: gAttest: s/ Marie Year an Marie Yeaimm, City Clerk ORDINANCE PASSED AMENDING THE TRAFFIC CONTROL ORDINANCE OF THE CITY OF ELGIN RELATING TO SPEED RESTRICTIONS Councilwoman Nelson made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Is 92 93 VOLUME XLVI Ordinance No; G15 -81 AN ORDINANCE AMENDING THE TRAFFIC CONTROL ORDINANCE OF THE CITY OF ELGIN RELATING TO SPEED RESTRICTIONS BE IT ORDAINED By THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS': Section 1. That Section 11.16.030(B) of Title 11.16 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from the maximum speed limit of twenty -five miles per hour the following: Lawrence Avenue between N. State Street and Kimball Street. Kimball Street between N. State Street and Dundee Avenue. Section Z. 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 from and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council: s/ Richard La Verbic Richard e ic, yor Presented: March 11, 1981 Passed: March 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest. s/ Marie Yea man Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE ELGIN ZONING ORDINANCE RELATING TO THE OFF - STREET PARKING REQUIREMENTS Councilman Kirkland made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas - Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and .Mayor Verbic, Nays: None. Ordinance No. GI1 -81 AN ORDINANCE AMENDING THE ELGIN ZONING ORDINANCE RELATING TO THE OFF - STREET PARKING REQUIREMENTS WHEREAS, written application has been made to amend the provisions of the Elgin Zoning Ordinance relating to the off- street parking require- ments:; and WHEREAS, after due notice the Planning Committee conducted a public hearing and has recommended that the application for an amendment of the provisions of the Elgin Zoning Ordinance relating to off - street parking requirements be granted; and WHEREAS, the City Council of the City of Elgin concurs in the recommendations of the Planning Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY"OF ELGIN, ILLINOIS': Section 1. That Section 19.44.090B of Chapter 19.44 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: "19.44.090 Purpose- -- Scope of provisions. B. This chapter further provides for review of all proposed parking facilities to determine that the facility is so designed so as to: 1_ Function safely and efficiently; 2. Be constructed according to standards which assure a reasonable life expectancy; 3. Be adequately surfaced so as to prevent the genera- tion of dust; 4. Minimize the area of impervious paving by efficient lot design and prevent damage to surrounding property, private and public, by the unregulated discharge of increased storm - water runoff; S. Be compatible with adjacent properties by the presence of screening where required by this chapter to control the dispersion of vehicle light and noise; 6. Be an attractive asset to the community and protective of property values through the use of minimum landscaping. ". Section 2. That Section 19.44.140 of Chapter 19.44 of the Elgin Municipal Code, 1976, as- amended, be and is hereby amended to read as follows: "19.44.140 Access. Each required off - street parking space shall open directly upon an aisle or a driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off - street parking facilities for five or more cars shall be provided with appropriate means of vehicular access on a concrete or asphalt driveway defined with a barrier curb, as required by this chapter, to an improved street or alley in a manner which will minimize inter - ference with traffic movements. Driveways across public property shall be governed by applicable ordinances of the city. Driveway construction and curb opening permits must be obtained from the depart- ment of public works and engineering prior to any such construction," Section 3. That Section 19.44.150 of Chapter 19.44 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by amending the following: "19.44.150 Applicability. D. All substandard parking areas not in compliance with the applicable standards in effect prior to June 27, 1973, shall comply with all requirements of this chapter; prior to its use, if the property served becomes vacant and remains unoccupied for a period of 180 consecutive days; or there is a change in use. The minimum number of required spaces shall be constructed providing the space is available. E. All substandard parking areas not in compliance with the applicable standards in effect prior to June 27, 1973, which are determined by the Land Use Administrator and the City Engineer to be a public nuisance or when the parking facility is substantially reconstructed or paved shall be brought into full compliance with the requirements- of.this chapter except for landscaping when there is insufficient area and curbing. A public nuisance shall include the generation of dust, storm water runoff onto adjoining property, erosion onto sidewalks, street's or adjoining property, spill -over of light onto adjoining property, vehicular access which is unsafe or constructed with inadequate vehicular circulation, or vehicular encroachment onto adjoining property." Section 4. That Section 19.44.160 of Chapter 19.44 of the Elgin Mimicipai Code, 1976, as amended, be and is hereby amended to read as follows: "19.44.160 Variations. The Land Use Administrator and the City Engineer may consider and approve of the following variations to requirements of this chapter where it can be demonstrated that a parking facility cannot be developed to meet the requirements of this chapter due to unique circumstances such as size, shape, or topography of the site, or when weather condi- tions will not permit construction of required improvements until a later date: A. Size and location of planting areas; B. Size of parking stalls and aisles; C. Location of curbing; D. Location or elimination of curb islands; E. Phasing schedule for improvements." Section S. That Section 19.44.200 of Chapter 19.44 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: "19.44.200 Curbing. A. Required parking facilities containing five or more spaces shall be defined with six -inch by eighteen -inch P.C. Concrete reinforced curb or an equivalent, in design and function approved by the City Engineer, except as provided for in this chapter. The curb shall be placed a minimum of eight feet inside lot lines adjoining any street and a min;mum, of six feet inside all other lot lines so that no part of any vehicle parked within the confines of the parking area will in any manner project over said lot lines into adjoining properties or rights of way. B. Within industrial subdivisions, a parking facility or any por- tion thereof which is located behind the wall of the principle building closest and facing a street right of way need not be defined by a curb. C. As a means of preventing deterioration of the pavement, when- ever a curb is not required the subbase material shall be extended one foot beyond the edge of the pavement." Section 6. That Section 19.44.210 of Chapter 19.44 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by adding the following: "19.44.210 Screening and trees -- Generally. C. For those parking areas containing five or more spaces, screen- ing and trees shall be required. D. Within industrial subdivisions, a parking facility or any por- tion thereof which is located behind the wall of the principle building facing a street right of way need not be provided with screening or trees, except on any side of a parking facility which is adjacent to a street right of way or a residence or business district." Section 7. That Section 19.44.220A of Chapter 19.44 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: 19.44.220 Trees -- Standards. A. Trees of an approved type and measuring not less than two inches in diameter or less than ten feet in height shall be planted V• VOLUME XLVI within the required setback.- The number of trees required shall be calculated by dividing the total lineal footage on all sides of the parking area by fifty feet, but shall be not less than two trees for each side. Required trees may be clustered." Section 8. That Section 19.44.230 of Chapter 19.44 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: °°19.44°230 Screening -- Standards. Where required, parking areas shall be effectively screened on all sides with any combination of plant material, garden wall, earth- mounded berms or fencing. Screening shall be maintained or constructed to be not less than two feet nor more than three feet in height within any required front yard. Planting areas shall be maintained free of litter and weeds, and all dead and unsightly plant material shall be replaced; Required screening along front lot lines will not be required for open sales lots upon approval by the Land Use Administra- tor. Section 9. That Section 19.44.240 of Chapter 19.44 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: "°19.44.240 Curb Islands. A. If any parking facility includes more than two parking rows, the additional rows shall be defined at each end with a curb island. Curb islands shall contain a minimum of one tree, as previously specified, and suitable.groundcover. Required islands shall be defined by a perimeter six -inch by eighteen -inch P.C. Concrete reinforced curb which shall be a minimum of six feet in width. Curb islands shall not be required where a landscaped continuous curb median separates two adja- cent parking rows. B. Within industrial subdivisions, a parking facility or any por- tion thereof which is located behind the wall of a principle building facing a street right of way need not be defined with interior parking rows with a curb island or continuous curb media, although islands marked with striping shall be provided." Section 10, That this ordinance shall be in full force and effect ,ten days after its passage'.and, publication in pamphlet .form by authority ^of the City_ Council. . s/ Richard L. Verbic Richard er ic, Wayor Presented: March 11, 1981 Passed: March 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: AV tst: s/ arie Year Marie Yearman, City Cier VOLUME XLVI 97 RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE Councilman Barnes made a motion, seconded by Councilman Hill to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. ACCEPTANCE OF PROPOSAL FROM LAYNE WESTERN COMPANY Councilman Barnes made a motion, seconded by Councilwoman Nelson to approve a proposal from Layne Western Company to repair deep well #5A at the Airlite Street Water Treatment Plant at a total cost of $47,723.00. Yeas: Councilmen Barnes, Gilliam, Hill,' Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. ACCEPTANCE OF PROPOSAL FROM MOTOROLA Councilman Hill made a motion, seconded by Councilman Barnes to approve a proposal from Motorola, Inc., for 1981 radio equipment at a total negotiated amount of $6126.00. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS AND INDIVIDUALS Ill. Municipal League Annual Dues for 1981 $ 1,905.75 Edw. Schneider Trucking Lime Residue Disposal 25,703-93 Robert J. Leitner & Assoc. Appraisal Fee 3,450.00 Marsha Doeringfeld Residential Rebate Program 6,500.00 James Steele Residential Rebate Program 1,989.14 Councilman Barnes made a motion, seconded by Councilman Hill to approve the aforementioned payments. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED nN F 1 1 F Water Department Accounts Receivable for February, 1981 City Traffic Committee Minutes of February 5, 1981 Councilman Hill made a motion, seconded by Council Kirkland to place the aforementioned reports on file. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. M ADJOURNMENT VOLUME XLV1 There being no further business to come before the Elgin City Council, Councilman Hill made a motion, seconded by Councilman Kirkland to adjourn the meeting. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 8:25 P.M. Marie YearmaN City C er VOLUME XLVI March 25, 1981 99 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MA14AGER`FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on March 25, 1981, at 8:05 P.M., in the Council Chambers of City Hall. The meeting was called to order by Councilman Hill. The Invocation was given by Dr. Carleton C. Rogers of the First United Methodist Church and the Pledge of Allegiance was led by Councilman Waters. Roll call was answered by Councilmen Hill, Kirkland, Nelson and Waters. Absent: Councilmen Barnes, Gilliam and Mayor Verbic. Also present: Malm, Yearman, Binninger and members of staff. APPOINTMENT OF MAYOR PRO TEM Councilman Kirkland made a motion, seconded by 'Councilman Waters to appoint Councilman Hill Mayor Pro Tem. Yeas Councilmen Hill, Kirkland, Nelson and. Waters.' Nays: None. MINUTES OF THE MARCH 11, 1981 COUNCIL MEE -TINE APPROVED AS PUBLISHED Councilman Waters made a motion, seconded ' by - Councilwoman Nelson to approve the March 11, 1981 Council Minutes as published. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. Nays: None. BID AWARDED FOR FERTILIZER AND MAINTENANCE SUPPLIES FOR GOLF COURSES Councilman Kirkland made a motion, seconded by Councilman Waters to award the bid forDancil 2787 Fungicide to Illinois Lawn Equipment for a total amount of $844,56; the bid for DuPont Tersan, Trex San - Bent Herbicide, Amine, and Greens Fertilizer to Lakeshore Equipment & Supply for a total amount of $2372.00; the bid for Servin insecti- cide to George A. Davis, Inc., for a total amount of $88.92; and the bid for Terra -Green Top Dressing Mix to Arthur Clesen, Inc., for a total amount of $288.00. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. Nays: None. BID AWARDED FOR FOUR PICK-UP TRUCKS FOR THE SANITATION AND PARKS MAINTEN- ANCE DIVISION Councilman Waters made a motion, seconded by Councilwoman Nelson to award the bid for four pick -up trucks to Albert Peter Chevrolet for a total amount of $26,220.00. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. Nays: None. 100 VOLUME XLVI BID AWARDED FOR REPAIRS TO DEEP WELLS Councilman Kirkland made a motion, seconded by Councilwoman Nelson to award the bid for repairs to the Airlite Street Well lA and 2A, to Layne Western Company for a total amount of $24,550.00. Yeas; Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. Nays: None. AUTHORIZATION FOR PUBLIC HEARING Councilwoman Nelson made a motion, seconded by Councilman Waters to set April 22, 1981 for a public hearing on an amendment to the Bigger's Chevrolet Annexation Agreement. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. Nays: None. ITION 4 -81 TO REZONE 0 L Jerry. Deering, Planner in the Community Development Department, advised the Council the subject property is located on the south- west corner of North McLean Boulevard and Wing Street. The petitioner proposed to construct an off- street parking lot which would serve the employees and customers of the Elgin State Bank and the employees of Gromer's Super Market. The Community Development Department's recommendation for approval is subject to the following conditions: 1. The parking facility is to be used exclusively by the employees and customers of the Elgin State Bank and the employees of Gromer's Super Market. Appropriate signage is to be provided accordingly; 2. The site plan prepared by Marchris Engineering is to be revised eliminating the access to the alley located west of the parking facility; 3. The parking facility is to be constructed in substantial conformance with the revised site plan; and 4. Compliance with all other applicable codes and ordinances. The Lane Use Committee recommended approval by a vote of 6 -0. Councilman Kirkland made a motion, seconded by Councilman Waters to approve Petition 4 -81, subject to the staff's recommendations. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. TITION 6 -81 TO REZONE FROM M -1 LIMITED NUFACTURING DISTRICT TO R-3 SFRVWF VOLUME XLVI 101 Mr. Deering advised the Council the petition desires to eliminate the lawful nonconforming use status of the existing service station located at the subject property. Additionally, the petitioner desires to establish a convenience food store at the subject property. The Community Development Department's approval is subject to the following conditions: 1. General conformance with the site plan prepared by the Cheker Oil Company, dated January 14, 1981; and 2. Conformance with all other applicable codes and ordinances. The Land Use Committee recommended approval of Petition 6 -81 by a vote of 6 -0. Councilman Waters made a motion, seconded by Councilwoman Nelson to approve Petition 6 -81, subject to the staff's recommendations. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. Nays: None. LUTION ADOPTED AUTHORIZING Councilman Waters made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill, Nays: None. 102 VOLUME XLVI RESOLUTION AUTHORIZING AN AGREEMENT WITH GALLAGHER BASSETT INSURANCE SERVICE, A DIVISION OF ARTHUR J. GALLAGHER & -CO., AN ILLINOIS CORPORATION, FOR PROFESSIONAL SERVICES WHEREAS, the City of Elgin has undertaken a program of self- insurance for claims of liability made against the City of Elgin; and WHEREAS, Gallagher Bassett Insurance Service; a division of Arthur J. Gallagher & Co, has submitted its proposal for professional claims service; and WHEREAS, said proposal is in the best interest of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, is hereby authorized and directed to execute a written agreement, a copy of which is attached., on behalf of the City of Elgin with Gallagher Bassett Insurance Service, a division of Arthur Gallagher $»Co., an Illinois corporation, for professional claims services. s/ Herbert L. Hill .,_er:ert L, ayor Pro Tem Presented: March 25, 1981 Adopted: March 25, 1981 Vote: Yeas 4 Nays 0 Recorded: Attest: s/ Marie Yea man rle Yearman, Clay Cler Councilman Waters made a motion, seconded by Councilman Kirkland to pass the aforementioned ordinance. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. Nays- None. Ordinance No. G17 -81 AN ORDINANCE REGULATING ENCROAaET ON PUBLIC RIGHT OF WAY IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS WHEREAS, the City of Elgin, hereinafter known as the City, and the State of Illinois, acting by and through its Department of Transportation, Division of Highways, have entered into an agreement relative to the improvement of Illinois Route 25 (Dundee Avenue and Liberty Street), Illinois Route 25 (Liberty Street) and Page Avenue, Dundee Avenue and Page Avenue and Slade Avenue and Dundee Avenue complex known as Illinois Route 25, F.A.U. Route 2503, State Section 54Q -(80), City Section 81-00118 - 00-TL; and WHEREAS, in order to facilitate said improvement it is necessary for the City to adopt an ordinance regulating encroachments on the right of way for said improvement in accordance with the following definitions: �Roadway Right of Way is defined as those areas existing or acquired by dedication or yy fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect; Project Right of Way is defined as those areas within the project rl t o way lines established jointly by the City, State, and the Federal Highway Administration which will be free of encroach - ments except as hereinafter defined; Encroachment is defined as any building, fence, sign or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located or maintained in, on, under or over any portion of the project right of way or the roadway right of way where no project right of way line has been established; Permissible Encroachment is defined as any existing awning, marquee, advertising sagn or smular overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on.the highway; the permissive retention of overhanging signs is not to be con- strued as being applicable to those signs supported from poles constructed outside the project right of way lane and not confined by adjacent buildings; Construction Easement Area is defined as that area lying between the project right of way limits and the platted street limits within which the City, by concurrence in the establishment of the project right of way lines, will permit the State to enter to perform all necessary construction operations; and WHEREAS, representatives of the City, the State and the Federal Highway Administration have, by visual inspection, cooperatively established project right of way lines and have mutually determined the disposition of encroach- ments. 104 VOLUME XLVI NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. It shall be unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained, any encroachment (hereinabove defined) within the limits of the improvement described above. ` Section 2. No revocable permits have been issued for the temporary retention of the following permissible encroachments (hereinabove defined). Section 3. This ordinance is intended to and shall be in addition to all other ordinances, rules and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance or part of any ordinance unless in direct conflict therewith. Section 4. Any person, firm or corporation violating this ordinance shall be fined not less than twenty -five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed for each and every day during which a violation continues or exists. Section 5. This ordinance shall be published in pamphlet form by authority of the City Council and shall be in full force and effect after its passage, publication and approval as provided by law. S/ Herbert L. Hill er e.r J , s. ator em Presented: March 25, 1181 Passed: March 25, 1981 Vote: Yeas 4 Nays.,0 Recorded: Published: Attest: cx9 s� s/ Marie Yea #man rie Yearman, City Clerk ORDINANCE PASSED DESIGtyATING YIELD iNTERSECTiONS Councilman Kirkland made a motion, seconded by 'Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill, Nays: None. Ordinance No. G18 -81 AN ORDINANCE DESIGNATING YIELD INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby added to Chapter 11.28 of the Elgin Municipal Code, 1976, as amended, the following: "11.28.045 Yield intersections It shall be unlawful to drive any vehicle into the intersec- tion of the following named streets without first yielding as required in this chapter: Aldine Avenue, southbound,. at South Street. Alfred Avenue, northbound and southbound, at Erie Street. Bellevue Avenue, northbound and southbound, at Lincoln Avenue. Brook Street, northbound and southbound, at Lincoln Avenue; Brook Street, northbound and southbound, at Jefferson Avenue; Center Street, northbound and southbound, at Lincoln Avenue. Center Street, northbound and southbound, at Ann Street. Chapel Street, northbound and southbound, at Prairie Street. Chapel Street, northbound and southbound, at Fulton Street. Clifton Avenue, northbound and southbound, at Erie Street. College Street, southbound, at North Street. Cooper Avenue, eastbound and westbound, at Augusta Avenue. Cooper Avenue, eastbound and westbound, at Logan Avenue. Cooper Avenue, eastbound and westbound, at Cedar Avenue. Cooper Avenue, eastbound and westbound, at Bellevue Avenue. Country Knolls Lane, eastbound, at Thomas More Drive. Dixon Avenue, eastbound and westbound, at Elizabeth.Street. 106 VOLUME XLVI Franklin Street, eastbound and westbound, at Center Street. Grand Boulevard, northbound, at Grand Avenue. Illinois Avenue, northbound and southbound, at Sherman Avenue.. Liberty Street, southbound, at Chicago Street. Lincoln Avenue, eastbound and westbound, at Prospect Boulevard. Linden Avenue, southbound, at Bode Road. Logan Avenue, northbound and southbound, at Lincoln Avenue. Meyer Street, eastbound and westbound, at Kathleen Drive. Michigan Street, northbound, at Lake Street. Moseley Street, northbound and southbound, at Orange Street. Preston Avenue, southbound, at Grand Avenue. Road. Sherwood Avenue, northbound and southbound, at River Bluff St. John Street, northbound and southbound, at Jefferson Avenue. Tefft Avenue, northbound, at Oakwood Boulevard. Trout Avenue, northbound, at Stewart Avenue. Washington Street, eastbound and westbound, at Jackson Street. Weld Road, eastbound, at U.S. 20 By -pass eastbound off ramp at McLean Boulevard. Wilcox Avenue, southbound, at Adams Street." 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 from and after its passage and publication in the manner provided by law. s/ Herbert L. Hill Tile rb ert.: m:_.,. ;,.1 ay0r F r I em Presented: March 25, 1981 Passed: March 25, 1981 Vote: Yeas 4 Nays 0 Recorded: Published: qs est MaMari ar an Marie Yearman, City Clerk VOLUME XLVI AUTHORIZATION OF PA Schneider Excavating Fred & Sons Inc. General Motors Corp. Harry Baglayan, Jr. Phillip Johnson Fox Valley Heating and Armundo Qu'eaada Dredging creeks at Spartan Meadows. Repairs to plumbing and heating to property at 1231 Larkin Misc. Stock parts for buses Residential Rebate Program Residential Rebate Program 107 $ 6,370.00 $ 1,686.35 $ 1,647.09 $ 7,101.10 $ 3,850.00 Residential Rebate Program $ 2,470.00 Councilman Kirkland made a motion, seconded by Councilman Waters to approve the aforementioned payments. Yeas: Councilmen Kirkland, Nelson, Waters and .Mayor Pro Tem Hill. Nays: None. RESOLUTION ADOPTED AUTHORIZING CHANGE ORDER NO. 2 IN A CONTRACT WITH JOHN C. UNRUH, INC. FOR THE CONSTRUCTION OF STORAGE AND MAINTENANCE BUILDINGS AT LORDS PARK AND PUBLIC WORKS YARD Councilman Kirkland made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. Nays: None. W RESOLUI`ION AUTHORIZING CHANGE ORDER NO. 2 IN A CONTRACT WITH JOHN C. UNRUH, INC. FOR THE CONSTRUCTION OF STORAGE AND MAINTENANCE BUILDINGS AT LORD'S PARKAND PUBLIC WORKS YARD VOLUME XLVI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Change Order No. 2 t a certain contract by and between the City of Elgin and John C. Unruh, Inc. for the construc- tion of storage and maintenance buildings at Lord's Park and Public Works Yard. BE IT FURTHER RESOLVED that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference, on behalf of the City of Elgin. Presented March 25, 1981 Adopted: March 25, 1981 Vote: Yeas 4 Nays 0 Recorded: Attest: s/ Marie YeaHnan Marie Yearman, City Clerk RESOLUTIO s/ Herbert L. Hill er ert. ' .. I.Jj , %; ayor Pro Tem BZING EXTENSION Councilwoman Nelson made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. Nays: None. VOLUME XLVI 109 RESOLUTION AUTHORIZING EXTENSION OF THE M040RANDUM OF AGREEMENT WITH BROCK HOTEL CORPORATION, FORMERLY TOPEKA INN MANAGEMENT, INC. FOR THE ISSUANCE OF REVENUE BONDS WHEREAS, on January 9, 1980, the City Council of the City of Elgin authorized the execution on its behalf of a memorandum of agreement with Topeka Inn Management, Inc. concerning the issuance of revenue bonds to finance the acquisition and construction of certain commercial facilities; and WHEREAS, Section 4(a) of said memorandum of agreement provided that the commitments of the City of Elgin were subject to the condition that on or before one year from the date of said agreement each of the acceptable terms and agreements of the transaction shall have been agreed upon; and WHEREAS, the applicant has requested an extension of time; and WHEREAS, it is in the best interest of the City of Elgin to determine the present financial condition.of the applicant prior to extending the commitments of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the commitments of the City of Elgin made and certain memorandum of agreement executed on January 9, 1980 be and are hereby extended for a period of 30 days from the date hereof, for the purpose of receiving the recommendations of Paul D. Speer and Associates, the financial consultants of the City of Elgin. s/ Herbert L. Hill e -T r P:.. -,,117y-or-Pro Presented: March 25, 1981 Adopted: March 25, 1981 Vote: Yeas 4 Nays 0 Recorded: Attest: tl-�� ecyJ� s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED APPROPRIATING MOTOR FUEL TAX FUNDS Councilwoman Nelson made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. Nays: None. IC VOLUME XLVI RESOLUTION APPROPRIATING MOTOR FUEL TAX FUNDS WHEREAS, the City of Elgin has entered into an agreement with the State of Illinois for the improvement of Illinois Route 25 (Dundee Avenue and Liberty Street) and Dundee Avenue, Illinois Route 25 (Liberty Street) and Page Avenue, Dundee Avenue and Page Avenue and Slade Avenue and .Dundee Avenue complex (Illinois. Route 25), known as State Section 54Q(8O), City Section 81- 00118- 00 -TL1 and WHEREAS, in compliance with the aforementioned agreement, it is necessary for the City to appropriate Motor Fuel Tax funds to pay its share of the cost of said improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that there is hereby appropriated the sun of Eight Thousand Seven Hundred and 90/100 Dollars ($8,700.90) or so much thereof as may be necessary, from any money now or hereafter allocated to the City under the provisions of the Motor Fuel. Tax Law, to pay its share of the cost of.this improvement as provided in the agreement. s/ Herbert L. Hill yo m Presented: March 25, 1981 Adopted. March 25, 1981 Vote: Yeas 4 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, ity Clerk RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND CO MUNITY DEVELOPMENT ACT OF 97 Councilman Waters made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. Nays: None. VOLUME XLVI RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 WHEREAS, Title I of the Housing and Community Development Act of 1974 provides for block grant funding assistance to units of general purpose local governments for the purpose of strengthening the ability of said governments and their elected officials to determine the community develop- ment needs, set priorities, and allocate resources to various activities; and WHEREAS, "the City Council of Elgin, Illinois, has determined that additional emphasis is needed in the area of community development in order that beneficial solutions to the problems of slum and blight, and housing and neighborhgpd deterioration may be determined. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That an application, be made to the Department of Housing and Urban Development for a grant in the amount of Eight Hundred and Sixty Thousand ($860,000) Dollars. Section 2. That the City 'Manager is hereby authorized and directed to execute and file such application with the Department of Housing and Urban Development and to provide additional information and to furnish such documents as may be required by said Department "to execute such agreements as are required by said Department, and to act as the authorized correspondent of the City of Elgin. s/ Herbert L. Hill ON e:rt': `7 t ayor ro em Presented: March 25 198181 Adopted: March 20, 199 Vote: Yeas 4 Nays 0 Recorded: ,,®Attest: 19._x, CA— s/ Marie Yearman Marie Yeanftan, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY AT 423,429,441 and 445 FEDERATION PLACE, FROM R-1, SINGLE FAMILY RESIDE -NCE AND B- SERVICE BUSINESS, TO R , TWO FAMILY RESIDENCE DISTRICT Councilman Kirkland made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Kirkland,, Nelson, Waters and Mayor Pro Tem Hill. Nays: None. 112 VOLUME XLVI Ordinance No. G16 -81 AN ORDINANCE RECLASSIFYING PROPERTY AT 423, 429, 441 AND 445 FEDERATION PLACE, FROM R -1, SINGLE FAMILY RESIDENCE, AND B -3- SERVICE BUSINESS', TO R -3, TWO- FAMILY RESIDENCE DISTRICT WHEREAS; written application has been made to reclassify certain property located at 423, 429, ,441 and 445 Federation Place, Elgin, Illinois, from R -1, Single Family Residence, and B -3, Service Business, to R -3, Two Family Residence District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its report and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended,, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from R -1, Single Family Residence District, and B -3, Service Business District, and including in the R -3, Two - Family Residence District, the following described property: Lot 20 in Fox Ridge Unit No. 1, Lot 21, the vacated Elmirah Street lying South of Federation Place and that part of Lot 22 lying East of River Road, in Fox Ridge, Unit No. 1 and also Lots 17:and,18 in Fox Ridge Unit No. 1, all in the City of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Herbert L. Hill e.3�ert LLn °.:Hi'iT,.' °Ma:yor Pro Tem Presented: March 25, 1981 Passed: March 25, 1981 Vote: Yeas 4 Nays 0 Recorded: Published: Attest: s/ Marie Yearmh Marie Yearman, City er VOLUME XLVI 113 AUTHORIZATION FOR PURCHASE OF COMPUTER EQUIPMENT FOR POLICE DEPT. Councilwoman Nelson made a motion, seconded by Councilman Waters to authorize the purchase of computer equipment from Simcon, Inc., for the Police Department. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Report for December, 1980 Parking Lot Revenue 3/1/80 thru 2/28/81 Parking Lot Revenue 2/1/80 thru 1/31/81 Elgin Public Property & Recreation Board Minutes February 24, 1981 Cemetery Report for February, 1981 City Traffic Committee Minutes for March 5, 1981 Elgin Fire Department 1980 Report Councilman Kirkland made a motion, seconded by Councilman Waters to place the aforementioned reports on file. Yeas: Councilmen Kirkland, Nelson, Wagers and Mayor Pro Tem Hill. Nays: None. ANNOUNCEMENTS Mayor Pro Tem Hill made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilwoman Nelson made a motion, seconded by Councilman Waters to adjourn the meeting. Yeas: Councilmen Kirkland, Nelson, Waters and Mayor Pro Tem Hill. Nays: None. The meeting was adjourned at 8:35 P.M. Marie YearmarV, City Clerk VOLUME XLVI April 8, 1981 114 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on April 8, 1981, at 8;08 P.M., in the Council Chambers of City Hall_ The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend LeRoy R. Koepke of Good Shepherd Lutheran Church, and the Pledge of Allegiance was led by Councilman Barnes. Roll call was answered by Councilmen Barnes, Gilliam, Hi -1, Kirkland, Nelson, Waters and Mayor Verbic. Also present: Nelson,.Yearman, Jentsch and members of staff. MINUTES OF THE MARCH 25, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Hill made a motion, seconded by Councilman Kirkland to approve the March 25, 1981 Council Minutes as published. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR VARIOUS LAWN EQUIPMENT Councilman Nelson made a motion, seconded by Councilman Hill to award the bid for two National Triplex riding mowers to George A. Davis, Inc., for $6- ,654.20; the bid for 1 Yazoo riding mower /tractor to Wasco Blacksmith Shop for $4,263.00; the bid for l Ryan Sod Cutter and trailer to Rowland's Equipment, Inc., for $2,136.00, and the bid for 1 Jacobsen riding mower to Illinois Lawn Equipment for '$3,165.75. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR POLICE SAFETY SEDANS Councilman Kirkland made a motion, seconded by Councilman Waters to award the bid for eight 1981 Dodge Diplomat police safety sedans to the low bidder, Shelby Motors for the total amount of $61,716.80. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. BID AWARD FOR LIME RESIDUE REMOVAL Councilman Barnes made a motion, seconded by Councilman Nelson to award the bid for lime residue removal to the low bidder, Edward Schneider Trucking at a net price of $6.25 per cubic yard. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 115 BID AWARDED FOR PLAYGROUND EQUIPMENT AND INSTALLATION VOLUME XLVI Councilman Hill made a motion, seconded by Councilman Waters to award the bid for 1 timber play appratus, 1 tornado slide and 2 tot swings to Paul Buckley & Associates for $9,266.00; to award the bid for l timber stepping column to Jennings Corp. for $1,064.35; to award the bid for d timber play apparatus and 2 spring -type see -saws to Recreation Concepts for $7,902;00; to award the bid for 4 full -szie swing sets to Owen Reese III & Associates for $2,686.00; to award the bid for 2 wave slides to Howard L. White & Assoc. for $1,478.00, and to award the bid for installation of the playground equipment to the low bidder, J.E.M..Morris Construction for a total amount of $13,300.00. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters, and Mayor Verbic. Nays: None. BID AWARDED FOR SALE OF TWO FIRE ENGINES Councilman Barnes made a motion, seconded by Councilman Nelson to award the bids for two obsolete fire trucks to the highest bidders, D. Hill Nursery for $2,600.00 and to Fredrick Summers for $1,629.06. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson,,Waters and .Mayor Verbic. Nays: None. PETITION 2 -81 R 4 Jerry Deering, Associate Planner stated, Petition 2 -81 involves approximately 7 acres of land on the West side of North McLean Blvd., across from the Kimball Jr. High School. The proposed PUD features the existing 72 units in Tyler Towers condominiums and an additional 18 townhomes. The Community Development Department has recommended approval of this Petition, subject to the conditions listed in your material. The Elgin Land Use Committee recommended denial of this Petition, and has submitted its findings of fact to you. Attorney Richard Lange, representing Current Development Corp., stated, l have requested to speak to you because of the unusal history of this particular case. Current Development Corporation purchased the mostly completed, vacant 72 units on the site in 1979, knowing the townhouses were proposed on the original site plan provided to Current Development. Current Development consulted with the Building Department in March, 1979, and it understood that it could build the townhouses without any zoning change by connecting them to the existing 72 unit building, thereby having one principal building on the lot. Current Development then reserved to itself the right to attach the townhouses to the existing 72 unit building. VOLUME XLVI 116 In the summer of 1980 Current Development submitted plans to the Department of Community Development, the Engineering Department and Fire Department. These plans were approved , and we believe we have introduced sound creditable evidence demonstrating that our application meets each standard of your ordinance, and l ask you to approve the application. Councilman Hill stated, is the question of who actually owns this land settled, or is this going to be a question of a court determination. Attorney Lange stated, I believe that is a well settled question, both in my mind and Counsel Jentsch's mind. The ownership of the property rests with the 72 unit owners; each owning his own unit and each owning an undivided percentage in the common elements of the condo building: The balance of the property is owned by Current Development Corporation, subject to the so- called Master Declaration, referred to and introduced into evidence, which creates these various additional right's. I don't think there is any dispute as to the ownership of this land at this time.. Councilman Barnes stated, why was it that we requested the PUD. Why did we think the PUD would be better than leaving it as it is. r' Mr. Deering stated, it was a matter of them trying to •seek relief from a requirement of the ordinance. They wanted to build additional buildings there and our ordinance only allows one principal building per one residential lot. They had to go PUD in order to get around that one principal building per lot requirement. Councilman Kirkland stated, is it correct that they could go ahead without that zoning change and build one principal building. Counsel Jentsch stated, if they could satisfy Community Development that in fact it was simply an addition to an existing building and not a separate building. Councilman Kirkland stated, after Current Development bought the site, they did sell some condos themselves. George Klein, President of Current Development stated, when we took over none of the units were sold. There were two parties living in the building who had signed a lease with the former builder, but who had never closed on the units. All units were sold by Current Development. Counci.l.man Kirkland stated, did Current Development put together this advertising booklet which says that Tyler Towers is a 72 acre.site. 117 VOLUME XLVI Mr. Klein stated., .I will take the responsibility for this. It is a 72 acre site and it does have beautiful amenities, and it Still will be a 72 acre site. Attorney William Ketcham,stated, i am representing Mr. Vance and various other owners of units in Tyler Towers, and anything that 1 would have to say would just reiterate the facts as set forth to you in the transcripts of the Land Use hearing. One thing I would like to comment on, I believe there was more than one person who testified at the Land Use Hearing, that represen- tations were made to them that the area would remain green. The Land Use Committee had the benefit of photographs that Mr. Klein and his people were using which shows a green area, and no proposed buildings on this section. What we are saying is what the large print gaveth, the small print in the declaration taketh away, and that would be the basis for a fraud action. Councilman.Hill made a motion, seconded by Councilman Gilliam to deny Petition 2 -81. Yeas: Councilmen Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays- Councilman Barnes. Councilman Hill made a motion, seconded by Councilman Nelson to table the aforementioned ordinance. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED GRANTING A SPECIAL USE FOR OFF - STREET PARKING AT 5 -9 NORTH McLEAN BLVD. Councilman Waters made a motion, seconded by Councilman Nelson to pass the aforementioned ordinance. -Yeas- Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Ordinance No. G20 -81 AN ORDINANCE GRANTING A SPECIAL USE FOR OFF- STREET PARKING AT 596 -598 NORTH MCLEAN BOULEVARD WHEREAS, a written application has been filed requesting a special use for off- street parking on property located at 596 -598 North McLean Boulevard, which is located in the O- Limited Office District; and WHEREAS, after due notice, as required by law, the Elgin Land Use Committee conducted a public hearing on the proposed special use and has submitted its findings and recommended that the special use requested be granted upon certain conditions; and WHEREAS, the City Council of the City of Elgin has reviewed the findings and recommendations of the Land Use Committee and concurs in them. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That it hereby adopts the findings of fact made by the Land Use Committee in its consideration of an application requesting a special use for off - street parking at 596 -598 North McLean Boulevard, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. Section 2. That a special use be and is hereby granted for the con- struction, operation and maintenance of an off- street parking facility on the property commonly known as 596 -598 North McLean Boulevard, Elgin, Illinois, and legally described as follows: Lots 1, 2, 3 and 4 in Block 1 of Illinois Park Second Addi- tion to Elgin, (except that part of Lot 1 described as follows: Beginning at the Northwest corner of said Lot l; thence South- easterly along the Northerly line of said lot, being also the Southerly line of Wing Street 139.45 feet to the Northeast corner of said lot; thence Southerly along the East line of said lot, 25.0 feet; thence Northwesterly 141.03 feet to a point in the West line of said lot, that is 20 feet South of the point of beginning; thence Northerly along the West line of said lot, 20.0 feet to the point of beginning) in the City of Elgin, Kane County, Illinois. subject to the following conditions: 1. Use of the parking facility herein permitted is to be limited to employees and customers of the Elgin State Bank and employees of Gromers Supermarket and appropriate signs indicating the restricted use of the parking lot shall be erected and maintained; 2. Access shall be limited to the easterly property line; 3. The parking facility shall be constructed and maintained in substantial conformity with the site plan prepared by Marchris Engineering, a copy of which is attached hereto and made a part hereof by reference as Exhibit B, except that access to the alley located west of the parking facility shall be deleted; 119 VOLUME XLVI 4e Compliance With all other applicable codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic r er ic, NEWr Presented: April 8, 1981 Passed: April 8, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Year an rie Yeannan, City Clerk JLley lliL JIHI 9 V1 Councilman Hill made a motion,.seconded by Councilman Barnes to pass the aforementioned ordinance. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Ve'rbic. Nays: None. t Ordinance No. G21 -81 AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED AT 1570 BIG TIMBER ROAD, FRCM M 71, LIMITED MANUFACTURING DISTRICT, TO B -3, SERVICE BUSINESS DISTRICT, AND GRANTING A SPECIAL USE FOR AN AUTOMOBILE SERVICE STATION WHEREAS, written application has been made to reclassify certain property located at 1570 Big Timber Road from the M -1, Limited Manufac- turing District, to the B -3, Service Business District, and for a special use for an automobile service station; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified and a special use for an automobile service station be granted; and WHEREAS, the City Council of the City of Elgin, Illinois has reviewed the findings and recommendations of the Land Use Committee and concurs in its recommendation. 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 made by the Land Use Committee and a copy of which is attached hereto as Exhibit A and incorporated herein by reference. Section 2. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from M -1, Limited Manufacturing District, and including in the B -3, Service Business; District, the follow- ing described property: That part of the Southwest quarter of Section 3 and part of the Northwest quarter of Section 10, all in Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at the intersection of the center line of Crystal Lake Road and the North line of the right -of -way of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence South 89 degrees 19 feet West along said North line 250 feet and thence North parallel to the center line of the Crystal Lake Road, 180 feet, thence North 89 degrees 19 feet East parallel to said North line of the railroad right -of -way to 50 feet to the center line of said Crystal Lake Road, thence South 1 degree 38 feet East along said center line 180 feet to the point of begin- ning, in the City of Elgin, Kane County; Illinois. 121 VOLUME XLVI Section 3. That a special use be and is hereby granted for the Operation and maintenance of an automobile service station on the property described in the preceding section, which shall be substantially in con- formity with the site plan prepared by the Cheker Oil Company,. dated' January 14, 1981 and attached hereto and made a part hereof by reference as Exhibit B. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic ichard L. Verbic, yor Presented April 8, 1981 Passed: April 8, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: ,Attest:' s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED "AUT4ORIZING EXECUTION OF A CONTRACT WITH CLARKS OUTDOOR SPRAYING COMPANY Councilman Waters made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution, Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None; VOLUME XLVi RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH CLARKE OUTDOOR SPRAYING COMPANY, INC. WHEREAS, Clarke Outdoor Spraying Company, Inc, has submitted its proposal for performing mosquito control services during the summers,of 1981 and 1982; and WHEREAS, the City Council has reviewed said proposal and finds that it is in the best interest of the City of Elgin.- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS., that Leo Nelson, City Manager, be and is hereby authorized and directed to enter into 'a written agreement by and in behalf of the City of Elgin with Clarke Outdoor Spraying company, Inc. for mosquito control services for 1981 and 1982 in accordance with the proposal of Clarke Outdoor Spraying Company, -Inc. at the unit prices established and in accordance with the written proposal attached hereto. s/ Richard L. Verbic RichaR L. V�erbic, Mayor Presented: April 8, 1981 Adopted: April 8, 1981 Vote Yeas 7 Nays 0 Recorded: Attest: sl Marie Yea rm n Marie Yearman, City Clerk RESOLUTION ADOPTED REQUESTING PERMIT FROM STTATE'DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE A PORTION OF ROUTES 9 AND 0 FOR ANNUAL LOYALTY DAY PARADE Councilman Nelson made a motion, seconded by Councilman Hil to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 122 123 VOLUME XLVI RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBIIC WORKS AND BUILDINGS TO CLOSE .A PORTION OF ROUTES 19 AND 20 FOR ANNUAL _LOYALTY DAY PARADE WHEREAS, Watch City Post No. 1307, Veterans of Foreign Wars, a Patriotic Organization of this City, has applied for, and received per- mission from this Council to stage its "Annual Loyalty Day Parade" between the hours of 2:00 p.m. and 5:D0 p.m. on Sunday, May 3, 1981, conditioned upon securing permission from the Department of Public Works and Buildings, State of Illinois, to close a portion of Routes 19 and 20 and detour traffic for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that iawdiate application be made to said Department for permission as hereinbefore specified, and be it further resolved by the Council of the City of Elgin that the City assume full responsibility during the time the detour is in effect, and all liabilities for damage of any kind occasioned by the closing of the State Route. It is further agreed that an efficient and all weather detour will be maintained and conspicuously marked for the benefit of traffic diverted from the State Route. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: April 8, 1981 Adopted: A p r i l 8, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearm n Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING LEASE OF A PORTION OF DRAKE FIELD Councilman Hill made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Barnes,. Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 124 RESOLUTION AUTHORIZING LEASE OF A PORTION OF DRAKE FIELD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that in the exercise of its home rule powers it hereby authorizes and directs Leo Nelson, City Manager, and Marie Yearman, City Clerk, respec- tively, to execute a certain lease on behalf of the City of Elgin with the Elgin Pee -Wee Football League, Inc., a not- for - profit corporation of the State of Illinois, for the use of a portion of Drake Field for offices, storage space and locker rooms for the football league and as a concession sales area, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic ,< Mayor Presented: April 8, 1981 Adopted: April 8, 1981 Vote: Yeas 7 Nays:O Recorded: Attest: s/ Marie Year an rie Yearman, City Clerk RESOLUTION ADOPTED AUTHOR @ZING AN AGREEMENT WITH KALTENBACH AND FERENC Councilman Kirkland made a motion, seconded by Counctilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 125 VOLUME XLVI RESOLUTION AUTHORIZING AN AGREH4ENT WITH KALTENBACH AND FERENC f WHEREAS, Kaltenbach and Ferenc architects, have submitted their written proposal for the necessary architectural services for planning and design of a new streetscape for Douglas Avenue between Chicago Street and Highland Avenue; and WHEREAS, it is in the best interests of the City of Elgin to accept said proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes and directs Leo Nelson, City Manager, to execute a. contract for architectural services with Kaltenbach and Ference, on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richa-ra L. Verbic, Mayor Presented April 8, 1981 Adopted: April 8, 1981 Vote: Yeas 7 Nays: 0 Recorded: Attest: s/ Marie Yearman rie Yearman, City Clerk VOLUME XLVI 126 N FOR COLLEGE PARK SUBDIVIS Councilman Barnes made a motion, seconded by Councilman Waters to approve the College Park Subdivision, Unit 5 watermain oversizing reimbursement. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. AUTHORIZATION FOR CENTURY OAKS MANOR WATERMAIN OVERSIZING Councilman Hill made a motion, seconded by Councilman Nelson to approve the Century Oaks Manor watermain oversizing. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. AUTHORIZATION FOR PAYMENT TO VARIOUS VENDORS AND INDIVIDUALS Corporate Policyholders Professional Services Rendered $ 5,240.00 Counsel Hampton, Lenzini & Surveying and drafting Renwick services $ 1,574.46 Thomas.F. McGuire Services re Soulier hearing $ 3,010.00 Attorney at Law Councilman Kirkland made a motion, seconded by Councilman Hill to approve the aforementioned payments. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Budget Summary dated March 9, 1981 Councilman Kirkland made a motion, seconded by Councilman Waters to place the aforementioned report on file. Yeas: Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come Councilman Hill made a motion, seconded adjourn the meeting. Yeas: Councilmen Nelson, Waters and Mayor Verbic. Nays: adjourned at 9:00 P.M. e� Marie Yea rmah� Ci— C er before the Elgin City Council, by Councilman Gilliam to Barnes, Gilliam, Hill, Kirkland, None. The meeting was VOLUME XLVI April 22, 1981 127 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin Illinois, was held on April 22, 1981, at 8:2'0 P.M., in the Council Ch- ambers of City Hall. The meeting was called to order by Mayon Verbic. The Invocation was given by Reverend Charles Vitel of the Elgin Evangelical Free Church, and the Pledge of Allegiance was led by Councilman Hil]. Roll call was answered by Councilmen Barnes, Gilliam, Hill, Kirkland, Nelson, Waters and Mayor Verbic. Absent: None. Also present: Nelson, Yearman, Jentsch! and members of staff. .MINUTES OF THE APR9t 8, .1981 MEETING APPROVED AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilman Hill to approve the April 8; 1981 'Council Minutes as published. Yeas: Councilmen Barnes,: Gilliam, Hill, Kirkland, Nelson; Waters and' Mayor Verbic. Nays: None. COMMUNICATIONS ABSTRACT OF VOTES RECEIVED OF CANDIDATES WHEREAS, an election of candidates for the offices of three councilmen to be elected at large of and for the City of Elgin, Kane and Cook Counties, Illinois, was held on the first Tuesday of April, 1981, being April 7, 1981 "and WHEREAS, the election authorities of Kane and Cook Counties have transmitted a tally sheet or- certificate of results for each precinct in the City of Elgin, and WHEREAS, the Election Cade of the State of I "IIinois provides ' that a canvassing board composed of the Mayor, City Attorney and City Clerk shall open and canvass the precinct returns and prepare an abstract of votes received by candidates for each political subdivision office; and WHEREAS, the canvassing board of the City of Elgin has canvassed the precinct returns as required by the Election Code of the State of Illinois. NOW, THEREFORE, it is hereby proclaimed by the canvassing board of the City of Elgin that the following number of votes was cast for each candidate for the office of Councilman for the City of Elgin: 128 VOLUME XLVI Ery Schmidt Robert Gilliam Elmer Hansen The City Clerk is hereby authorized and directed to transmit a duplicate or signed copy of this abstract of votes to the Clerks of the Counties of Kane and Cook and to the State Board of Elections. This is to certify that the foregoing abstract and proclamation of results of the election for the office of Councilman for the City of Elgin is true and correct. Given under Our hands this 10th day of April, 1981. s/ Richard L. Verbic Mayor s/ Erwin Jentsch City Attorney s/ Marie Yearman City Clerk INDUCTION OF COUNCILMEN Robert Gilliam and Ery Schmidt were administered the Oath of Office by Mayor Verbic. Kane Cook County County Total Ery Schmidt 4439 598 5037 Robert Gilliam 3412 413 3825 Elmer Hansen 3427 476 3903 Alan J. Coulson 3155 445 3600 Herb Hill 2694 316 3010 Richard G. Hammes 2695 268 2963 IT IS HEREBY PROCLAIMED that the following persons have been elected to the office of Councilman for the City of Elgin; Ery Schmidt Robert Gilliam Elmer Hansen The City Clerk is hereby authorized and directed to transmit a duplicate or signed copy of this abstract of votes to the Clerks of the Counties of Kane and Cook and to the State Board of Elections. This is to certify that the foregoing abstract and proclamation of results of the election for the office of Councilman for the City of Elgin is true and correct. Given under Our hands this 10th day of April, 1981. s/ Richard L. Verbic Mayor s/ Erwin Jentsch City Attorney s/ Marie Yearman City Clerk INDUCTION OF COUNCILMEN Robert Gilliam and Ery Schmidt were administered the Oath of Office by Mayor Verbic. VOLUME XLVI PROCLAMATION Gilbert Nore, representing the Elgin read the following Proclamation; 129 Beautification Commission, WHEREAS, the Beautification Commission of the City of Elgin has a continuing campaign to beautify the City of Elgin by` establishing programs throughout the year to improve the appearance of the City and instill civic pride in the residents of the City; and WHEREAS, the Beautification Commission has proposed a week long campaign to clean up neighborhoods, commercial and industrial areas, entranceways to the City and the shoreline of the Fox River; and WHEREAS, local service clubs and community organizations have pledged volunteers to work during this campaign to help clean areas within the City; and WHEREAS, the Beautification Commission of the City of Elgin has requested that the week of May 3 to May 9,be designated as "Clean Up Elgin Week ". Now, Therefore, 1, Richard L. Verbic, Mayor of the City of Elgin, do hereby proclaim that the week of May 3 to May 9, 1981, C be declared as "Clean Up Elgin Wee -k" and with the other members of the City Council of the City of Elgin express our support and encourage all residents to participate in the clean up programs during that week. IN WITNESS WHEREOF, I have hereunto set my hand and have caused the seal of the City of Elgin to be affixed this 22nd day of April, 1981. s/ Richard L. Verbic Mayor BID AWARDED FOR SWIMMING POOL CHEMICALS Councilman Kirkland made a motion, seconded by Councilwoman Nelson to award the bid for Soda Ash to the low bidder, Ashland Chemical for $1,869.00; the bid for Diatomoceous Earth to the low bidder, Hologen Supply for $411.60., and the bid for Granular Chlorine to the low bidder, Alexander Chemicals for $1,210.00. Yeas; Councilmen Gilliam, Kirkland, Nelson Schmidt, Waters and Mayor Verbic. Nays: None. 130 VOLUME XLVI BID AWARDED FOR ONE VAN TRUCK FOR THE WATER DEPARTMENT AND ONE TAN N TRUCK FOR THE POLICE DEPARTMENT Councilman Waters made a motion, seconded by Councilwoman Nelson to award the bid for two van trucks to the low bidder, Biggers Chevrolet, for $12,313.03. Yeas Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None.: BID AWARDED FOR THREE ADMINISTRATIVE POLICE SEDANS Councilman Kirkland made a motion, seconded by Councilman Waters to award the bid for three administrative police sedans to the low bidder, Biggers Chevrolet, for $21,446.94. yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR PAVEMENT MARKING PAINT Councilwoman Nelson made a motion, seconded, by Councilman Schmidt to award the bid for pavement marking paint to the low bidder, Ennis Paint Mfg., Inc., for $1591.50. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR SPRING STREET RESURFACING Councilwoman Nelson made a motion, seconded by Councilman Waters to award the bid for Spring Street Resurfacing to the low bidder, Harry W. Kuhn, Inc., for $71,727.50. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR BITUMINOUS PATCHING MIXTURES Councilman Gilliam made a motion, seconded by Councilman Kirkland to award the bid for Group l (hot mix) to the low bidder, Giertz Melahn Asphalt for $34,675.00, and to award the bid for Group II (bituminous patching mixture) to W. R. Meadows, Inc.,.for $2,016.00. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING OF PROPOSED AMENDMENT TO THE ANNEXATION AGREEMENT WITH BIGGER 'S CHEVROLET - CONTINUED Mayor Verbic opened the Public Hearing and read the following communication: "We would respectfully request at this time that our petition to rezone the property in question be postponed to the next date due to the fact that I am unable to attend the Council meeting. s/ Leo Leichter, President Bigger's Chevorlet" VOLUME XLVI 131, Councilman Gilliam made a motion, seconded by Councilman Kirkland to continue the aforementioned Public Hearing to May 13, 1981. Yeas: Counci.lmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED EXPRESSING APPRECIATION TO HARRY BARNES Councilman Gilliam made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 732,',,: VOLUME XLVI RESOLUTION EXPRESSING APPRECIATION TO HARRY BARNES WHEREAS, Harry Barnes, a resident of the City of Elgin, has given freely of his time and talents on behalf of all residents of Elgin by serving as a councilman from May 1, 1973 to April 22, 1981; and WHEREAS, Harry Barnes served as a member of the Board of Local Improvements; and WHEREAS, Harry Barnes served as a member of the Liquor Control Commission; and WHEREAS, Harry Barnes has contributed many hours to the study of the City's problems and the implementation of programs for their solu- tion and to promote the orderly growth of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation to Harry Barnes for his participation and dedicated service as a member of the City Council of the City of Elgin. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: April 22, 1981 Adopted: Aprii 22, 1981 Vote Yeas 6 Nays 0 Recorded: 1Atttest: s/ Marie Yearm n Marie Yearmian, City Clerk RESOLUTION ADOPTED EXPRESSING APPRECIATION TO HERB HILL Councilman Waters made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME X,LV I RESOLUTION EXPRESSING APPRECIATION TO HERB HILL WHEREAS, Herb Hill, a resident of the City of Elgin, has given freely of his time and talents on behalf of all residents of Elgin by serving as a councilman from May 1, 1977 to April 22, 1981; and WHEREAS, Herb Hill served as a member of the Board of Local Improvements; and WHEREAS; Herb Hill served as a member of the Liquor Control Commission; and WHEREAS, Herb Hill has contributed many hours to the study of the City's problems and the implementation of programs for their solu- tion and to promote the orderly growth of the City. 133: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation to Herb. Hill for his participation and dedicated service as a member of the City Council of the City of Elgin. s1 Richard L. Verbic Richard L. Verbic, Mayor Presented: April 22, 1981 Adopted: April 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: —' s/ arie Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH W. F. WETZEL CONSTRUCTION CORPORATION FOR LIFE SAFETY CODE WORK AT THE GREATER ELGIN SENIOR CENTER Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. T34 VOLUME XLVI.. RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH W. F. WETZEL CONSTRUCTION CORPORATION FOR LIFE SAFETY CODE WORK AT THE GREATER ELGIN. SENIOR: CENTER WHEREAS, the City of Elgin has heretofore entered into a contract with W. F. Wetzel Construction Corporation for life safety code work at the Greater Elgin Senior Center; and - WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order Number 10 attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL; OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order Number 1, a copy of which is attached hereto and made a part hereof by reference. S/ Richard,.L; Verbic Richard e• ac, RWr ' Presented: April 22, 1981 Adopted; April 22, 1981 Vote: Yeas 6 Nays 0 Recorded., Attests U eat s/ Marie Yea an rie Yearman, City C er RESOLUTION ADOPTED AUTHORIZING EXECUTION '()FA FARM LEASE WITH COLLINS BROTHERS Councilwoman Nelson made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 135 RESOLUTION AUTHORIZING EXECUTION OF A FARM LEASE WITH COLLINS BROTHERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectfully authorized and directed to execute a farm lease with Collins Brothers, a partnership, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, yor Presented: April 22, 1981 Adopted: April 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: V� cam) s/ Marie Yea man Marie Yearman, ity Clerk RESOLUTION ADOPTED AUTHORIZING A PERMIT AGREEMENT WITH ILLINOIS BELL TELEPHONE COMPANY Councilman Gilliam made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION AUTHORIZING A PERMIT AGREEMENT WITH ILLINOIS BELL TELEPHONE COMPANY VOLUME XLVI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute a permit agreement with the Illinois Bell Telephone Company, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, yor Presented: April 22, 1981 Adopted: April 22, 1981 Voter Yeas 6 Nays 0 Recorded: Attest: z s/ Marie Yeaan rie Warman, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Northeastern Ill. Planning $ 4,033.00 Annual Membership Dues Commission. Cummings - Allison Corp. $ 1,836.50 Purchase of refurbished check signer. Parr Electric Co. $ 3,105.00 Improvements at Crystal Street garage. Layne- Western Co. $17,199.72 Purchase of deep well motor. Ancel, Glink, Diamond, I Murphy & Cope. $ 2,975°00 Legal services on behalf of Board of Fire & Police Commissioners re Police Officer Soulier Hearing. Councilwoman Nelson made a motion, seconded by Councilman Kirkland to approve the aforementioned payments. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 137 REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for January, 1981 Water Department Report for March, 1981 Cemetery Department Report for March, 1981 Budget Summary dated April 7, 1981 Councilman Kirkland made a motion, seconded by Councilman Gilliam to place the aforementioned reports on file. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City " Council, Councilman Waters made a motion, seconded by Councilman Kirkland to adjourn the meeting. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 8:4.5 P.M. At Marie Yearma , City Clerk VOLUME XLVI May 13, 1981 138 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on May 13, 1981, at 8 :15 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Dr. Charles Austin of St. Paul's United Church of Christ, and the Pledge of Allegiance was led by Councilwoman Nelson. INDUCTION OF COUNCILMAN HANSEN Mayor Verbic administered the Oath of Office to Councilman Hansen. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent: None. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE APRIL 22, 1981 MEETING APPROVED'AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilwoman Nelson to approve the April 22, 1981 Council Minutes as pub- lished. ' Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None, COMMUNICATIONS Mr. John B. Sliney of 24 Rugby Place and Mr. Kent Hildabrand of 414 DuPage appeared before the Council and presented a petition containing 186 signatures. The petition read as follows: "We the undersigned Managers and Players of the Elgin Softball Leagues are concerned about the condition, safety and competitiveness of the fields in the City of Elgin on which we are paying to play. We request the Elgin City Council to take our safety and well -being under consideration and make the needed improvements in both grounds and lighting on the city property on which we are paying fora We ask that this be done now!" Mayor Verbic asked Mr. Sliney if this group of players would be willing to help the city with these improvements if the city would furnish the needed materials. Mr. Sliney stated he felt sure the players would be willing to provide some of the services. The Council asked that Mr. Sliney contact the Parks & Recreation staff in order that an improvement program could be initiated. 1.39 BID AWARDED FOR WATERMAIN PIPE VOLUME XLVI Councilwoman Nelson made a motion, seconded by Councilman Kirkland to award the bid for watermain pipe to the low bidder, Joseph D. Foreman & Company for $10,584.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR FIRE HYDRANTS Councilman Kirkland made a motion, seconded by Councilwoman Nelson to award the •bid for 15 Waterous fire hydrants to the low bidder, Water Products Company for $7,444.37, and the bid for 4 Waterous hydrant conversion kits to the low bidder, Ziebell Water Service for $1,709.40. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR ASPHALT PAVER Councilman Waters made a motion, seconded by Councilman Schmidt to award the bid for a Layton F525 tow -type asphalt paver to the low bidder,, Machinery,:lnc., for $12,500.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR LAWN CARE PRODUCTS i Councilman Gilliam made a motion, seconded by Councilman Kirkland to award the bid for 4 tons of Weed & Feed; 10.gallons of liquid - type fertilizer; and 30 gallons of weed killer to the low bidder, V -G Supply Company for $3,106.00, and to award the bid for 1 ton of Turface to Arthur Clesen, Inc., for $148.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR OTTER CREEK DRAINAGE IMPROVEMENT Councilman Gilliam made a motion, seconded by Councilman Hansen to award the bid for the Otter Creek Drainage Improvement to the lowest responsible bidder, Leininger Mid -State Company for the bid amount of $269,461.40. Award of the contract should be made subject to review and concurrence by the Division of Water Resources. Yeas: Councilmen Gilliam, Hansen, Neilson,: Schmidt, Waters and Mayor Verbic. Nays: None. Abstained: Councilman Kirkland. PUBLIC HEARING ON THE PROPOSED AMENDMENT Jerry Deering, Senior Planner, stated a petition had been filed on behalf of Mr. Leo Leichter, which requests a rezoning from R -4 General, Residence District to B -4 General Service District. The subject property is located at 1325 East Chicago VOLUME XLVI 140 Street, the proposed rezoning requires an amendment to the Bigger's Chevrolet Annexation Agreement, The petitioner proposes to use the subject property for the expansion of the Bigger's Chevrolet dealership. The subject property is,approximately three acres. The Community Development Department recommended approval of this petition subject to the following conditions: Existing storage area located immediately south of the Bigger's Chevrolet building (Parcel 1) to be paved, screened, and landscaped within three years. Subject property (Parcel III /area'to be rezoned from R -4 to B -4) to be improved with curb, pavement, striping, additional screening as necessary, and provisions for the control of stormwater and soil erosion within three years. Submission of a revised site plan that delineates Parcels 1, 11, and Illy and that specifies all required site improvements for Parcels I and 911. Submission of an acceptable performance bond to ensure compliance with the required site improvements. Existing detention area to be drained and the bottom to be reshaped. Discharge structure to be cleaned out and modified as required by the City of Elgin, to ensure proper and efficient operation.. Provisions for the dedication of additional right-of-way for future improvements to Lovell Road and provisions for the property owner's proportionate of the costs of these improvements Access to the subject property (Parcel 111) to be limited to the existing access on East Chicago Streets and Compliance with all other applicable codes and ordinances. Attorney Kenneth Moy, representing Leo Leichter, asked the Council to consider giving Mr. Leichter eight years `.instead of three years to comply with the ordinance, Mr. Moy also objected to the dedication of a 50' right-of-way to the city, and he further stated that his client was not in a position to pay the premiums required for a performance bond, Councilman Schmidt felt that because of the present economic situation and the below average sale of cars that some relief should be given to Mr. Leichter, Councilman Gilliam stated that to change the established procedures would set a new precedence, and that the performance bond is the only legal measure upon which the city could ensure conformance to the existing ordinance. 141 VOLUME XLVI Mr. Leichter stated he would attempt to comply with the parking lot pavement within three years, and he thought he could live with the dedication of the right -of -way, but as far as furnishing the city with a performance bond he did not feel this was possible financially. Mayor Verbic pointed out that his was just a public hearing on the proposal and there would be no decision made tonight. The Mayor suggested to Mr.Leichter and Attorney Moy that they meet with the staff and Attorney Jentsch to work out some of these differences. Councilwoman Nelson made a motion, seconded by Councilman Waters to close the public hearing. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. AUTHORIZATION TO SET JUNE 10, 1981 FOR PUBLIC HEARING ON PROPOSED SECOND AMENDMENT TO THE ANNEXATION AGREEMENT WITH VALLEY CREEK OF ELGIN Councilman Gilliam made a motion, seconded by Councilman Waters to set June 10, 1981, for a public hearing on the proposed second amendment to the annexation agreement with Valley Creek of Elgin. Yeas, Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. ,Nays: None. The Community Development Development Department recommended approval of Petition 7 -81, subject to the following conditions: Conformance with the Graphics Design prepared by Poblocki and Sons, dated December 17, 1980. Conformance with the Graphics Site Plan prepared by Sherman Hospital. Removal of all existing freestanding signs. Conformance with all other applicable codes and ordinances. The Elgin Land Use Committee recommended approval of Petition 7 -81 by a vote of 6 -1. Councilwoman Nelson made a motion, seconded by Councilman Gilliam to approve Petition 7 -81, subject to the staff's conditions. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Waters. Nays: None. Abstained: Mayor Verbic. VOLUME XLVI 142 PETITION 8 -81 REQUESTING A B -2 CENTRAL BUS INESS DISTRICT SPECIAL USE FOR AN AMUSEMENT ESTABLISHMENT,.PROPERTY LOCATED AT 53 DOUGLAS - - -- APPROVED The Community Development Department recommended approval of Petition 8- 81,.having found the petitioners' statement regarding the special use standards to be an accurate representation of this proposal's conformance with the Elgin Zoning Ordinance. Additionally the amusement establishment is so proposed to be operated that the public health, safety, and welfare will be protected, and although amusement establishments have been looked upon unfavorable in the past, the department believes that a properly managed and supervised electronic game center can be an acceptable use. The department's recommendation for approval is subject to the following conditions: Conformance with the Operating Rules and Regulations. Conformance with all other applicable codes and ordinances. The Land Use Committee recommended approval of Petition 8 ®81 by a vote of 6 -1. Councilman Gilliam made a motion, seconded by Councilman Schmidt to approve Petition 8 -81, subject to the staff's conditions. Yeas: Councilmen Gilliam,.Hansen, Kirkland,:Schmidt, Waters and Mayor Verbic. Nays: Councilwoman Nelson. PETITION 10-81 TO REZONE FROM M-1 LIMITED NANIIFAf.T11R 1 Mr M qTR I rT Tn Rm crRv l rF a11c i Kircc Ur11U/AUU 31KtL1 - - ArF'KUVtU The Community Development r' has found the petitioners' statement regarding the special use standards to be an.accurate representation of this proposal's conformance with the zoning ordinance. Additionally, the proposed amusement establishment will be located well within an existing commercial area and will have access to adequate off - street parking facilities. The recommendation for special use approval is subject to the following conditions: Conformance with the Operating Rules and Regulations. Conformance with all other applicable codes and ordinances. The Land Use Committee recommended the approval of Petition 10-81 by a vote of 6 -0. 143 VOLUME XLVI Councilman Gilliam made a motion, seconded by Councilman Kirkland to approve Petition 10 -81, subject to the staff's conditions. Yeas: Councilmen Gilliam,, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED APPOINTING MEMBERS TO T E LIQUOR CONTROL COMMISSION Councilwoman Nelson made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. Pass: Councilman Schmidt. Present: Councilman Waters. VOLUME XLVI 144 RESOLUTION APPOINTING'M311BERS TO THE LIQUOR CONTROL COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following members of the City Council be and are hereby appointed to serve as members of the Liquor Control Commission until November 1, 1981,' or until their successors are appointed: Erwin Schmidt and Donald Waters, s/ Richard L. Verbic Ri ar. L. Ver ic, Mayor Presented: May 13 1981 Adopted: May 13, 1981 Vote: Yeas 5 Nays 0 Abstained 2 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Cler ORDINANCE PASSED GRANTING A SPECIAL, USE FOR THE TEMPORARY MINING OF SAND AND GRAVEL W CONJUNCTION 71TH SITE PREPA RATION FOR THE DEVELOPMENT OF PUBLIC RECREATIONAL OPEN SPACE Attorney Jeffrey Johns, representing Burnham Development Company stated that he had not received a copy of the revised ordinance until this afternoon, and he asked the Council to delay approval until the objecting parties were sure the proposed ordinance met the agreements between the ,city and objecting parties; Assistant Corporation Counsel Jim Binninger stated the ordinance had been mailed to the objectors on Monday, but that a verbal agreement by telephone had been reached with the objectors. Councilman Gilliam felt that the Council had worked with the objectors for a long time and despite the disagreements, the Council should vote on the ordinance as presented tonight. Councilman Gilliam further stated that we should not try to make language changes on the floor, because the Council has discussed, cussed and argued on this long enough. The Council has bent over backwards, and I am ready to make a decision. Councilman Kirkland disagreed and felt the objectors had a right to question the ordinance because they did not receive a copy of it until today. Attorney Johns questioned paragraph C, item 5, which stated that slopes of berms shall not exceed thirty degrees. Mr. Johns suggested 145 VOLUME XLVI this read "shall not exceed thrity per cent" Councilman Waters made a motion, seconded by Councilman Gilliam to amend the ordinance to read "thirty per cent". Yeas - Councilment Gillia, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Attorney Johns further requested that paragraph G be amended to read "excluding underwater extraction, the total of all operating areas shall not exceed 30 acres unless approved by the City Council ". Councilman Waters made a motion, seconded by Councilman Gilliam to amend paragraph G as set forth above. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Herbert Gross of 833 Prospect Street stated that the original idea was for the mining to pay for a community park on the land. However, the revenues generated by the mining operation would not be enough to pay for the park. Paul Redmond of 523 Hendee Street stated the amount of truck traffic which would be generated would cause additional problems to the existing traffic on the bypass, and the placement of the gravel mine would affect the residential areas surrounding the site. Councilman Hansen stated that the royalties expected to come from the operation would never cover the cost of building the park, and once the park was built the cost of maintaining it would increase the parks budget by about $800,000. Councilman Schmidt stated he did not feel a 400 acre park was necessary at this time and the upkeep would be tremendous. Attorney Charles Byrum representing Knowles Electronics stated the mining operation would not only be bad for the city, but would also hurt his client because the additional dust generated by the operation and truck traffic would be damaging to the quality of the products manufactured by Knowles. Mr. Byrum further stated that Knowles had purchased a machine which will measure the amount of dust in the air and this machine was activated last week. This machine will measure dust in the air before and after the operation begins. Attorney Binninger stated the ability to measure dust in the air would be difficult because the monitors would be unable to pinpoint where the dust was coming from. After further lengthly discussion, Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam Kirkland, Nelson, Waters and Mayor Verbic. Nays: Councilmen Hansen and Schmidt. Ordinance No. G19 -81 AN ORDINANCE GRANTING A SPECIAL. USE FOR THE TEMPORARY MINING OF SAND AND GRAVEL IN CONJUNCTION WITH SITE PREPARATION FOR THE DEVELOPMENT OF:PUBLIC RECREATIONAL OPEN SPACE WHEREAS, written application has been made for a special use permit for the temporary mining of sand and gravel in conjunction with site prepara- tion for the development of public recreational open space in an R -2 single family residence district; and WHEREAS, the-.Land Use Committee conducted public hearings concerning said application after due notice in the manner required by law; and WHEREAS, the Land Use Committee has submitted its written findings and recommendations; and WHEREAS, the City Council has considered the findings and recommenda- tions of the Land Use Committee and has reviewed the transcript of testimony presented at the public hearing together with exhibits presented at said hearing; and WHEREAS, after due deliberation and consideration the City Council does not concur in the findings and recommendations of the Land Use Committee. 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 finds and determines the following: 1. That the proposed special use will promote the public "con - venience at the location for the following reasons: a) The existing park system of the City of Elgin is, insufficient to meet the current and future needs of the residents of the City of Elgin and the Park and Recreation Master Plan pre- pared by McFadzean and Everly, Ltd. recommended development of the subject property as a cotmnmity park as had the Parks and Recreation Board of the City of Elgin. b) The subject property contains substantial deposits of gravel and sand which, if extracted, will serve to replenish the depleted existing resources in the surrounding area and meet anticipated future demands. c) A Master Reclamation Plan has been prepared by William E. Coates and Associates, Ltd., Landscape Architects and Environmental Planners, for reclamation of the subject property for park purposes following completion of mining operations, if undertaken. d) That the extraction of gravel deposits will aid an d promote development of the subject property as a site for a co,uu«un ty park and accumulate substantial revenue for. such purposes. e) The reclamation plan will result in the creation of two lakes, a winter sports hill and appropriate landscaping and geographical features to serve as the foundation for further park development. f) The extraction of gravel and sand deposits will yield approximately three million dollars in royalties, will produce increased sales and real estate taxes and provide employment opportunities. g) Existence of a source of sand and gravel at the loca- tion will tend to benefit consumers by reducing the cost of such materials for use and development in construction projects in the surrounding area. 2. That the proposed special use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected because operational controls described below will be imposed regulating extraction and reclamation, hours of operation, control of dust and noise and protection of natural drainage and- under- ground water supply. 3 That the proposed special use will not cause substantial injury to the value of other property in the neighborhood in which it is located because the restrid- dns''and controls imposed, difference in elevation and the phasing of mining and reclamation efforts will minimize and limit the duration of any adverse effect of the proposed special use on neighboring property, minimal traffic volume will be generated by mining activities on the subject property and that upon completion and reclamation the value of surrounding property will be enhanced. Section 2. That a special use be and is hereby granted for the temporary mining of sand and gravel incidental to preparation of the following described property for public recreational open space: That part of Sections 22, 23, 26 and 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of the Northeast quarter of the Southeast quarter of Section 22, thence Southerly along the West line of said Section 22 for a distance of 1038.80 feet to a point; thence Westerly along a line forming an angle of 88 11' to the right of a prolongation of the last described course for a distance of 1843.60`feet to the center line of McLean Boulevard (State Aid Route 18); thence Southwesterly along said center line, being a curve to the left for a distance of 574A5 feet to a point; thence continuing in a Southwesterly direction along said center line, being a straight line and tangent to the last described point, for a distance of 404;0 feet to an angle in said center line; thence Southwesterly along said center line a distance of 367.51 feet; thence Easterly along a line parallel with the South line of Section 22 for a distance of 438.8 feet;,thence Southerly along a line that is perpendicular to the North line of the Northwest quarter of Section 27 and the South line of the Southwest quarter of Section 22 for a distance of 724.93 feet; thence Easterly parallel w; u, uie South line of the Northeast quarter of the Northwest quarter of said Section 27, a distance of 242,87 feet to the East line of the Northwest quarter of said Section 27; thence Easterly parallel with the South line of the Northwest quarter of the Northeast quarter of said Section 27 a distance of 343.2 feet; thence Southerly along a line parallel with the West line of the Northeast quarter of said Section 27 for a distance of 891.0 feet to the South line of the North half of the Northeast quarter of said Section 27; thence Easterly along said South line of the North half of the Northeast quarter of Section 27 for a distance of 2293.9 feet to the East line of said Northeast quarter of Sec- tion 27; thence Northerly along said East line of the Northeast quarter of Section 27 for a distance of 348.2 feet; thence Easterly along a line that forms an angle of 900 121 to the right of a prolongation of the last described course, said line also being the Southerly property line of the Elgin State Hospital, for a distance of 1900 feet more or less; thence Northerly along a lime parallel to and 740 feet West of the East line of the Northwest quarter of Section 26 of the Southwest quarter of Section 23 for a distance of 1800 feet more or less; thence Easterly along a line parallel with the South line of the Southwest quarter of Section 23,. for a distance of 740 feet to the East line of the Southwest quarter of Section 23; thence Northerly along the East line of said Southwest quarter of Section 23 for a distance of 1772 feet more or less to the Southerly right -of -way line of the U.S. Route 20 Bypass (Federal Aid Route 6); thence Northwesterly along the Southerly right -of -way line of the U.S. Route 20 Bypass for a distance of 2643 feet more or less to the West line of Sec- tion 23; thence continuing in a Northwesterly direction along the Southerly right -of -way line of said U.S. Route 20 Bypass for a distance of 1329.34 feet to the West line of the Southeast quarter of the Northeast quarter of Section 22; thence South along said west line for a distance of 113.44 feet to the place of beginning. Being situated in Elgin Township, Kane County, Illinois, and con- taining 417.48 acres more or less. subject to the following conditions: A. The operator shall submit annual operational and reclamation plans for review and approval by the City Council. B. That extraction, operating sequences, plant sites and vehicle access shall be in substantial conformance with the plan prepared by Dunn Geoscience Corporation and identified as 79 -2 -10, attached hereto and made a part hereof, except that all extraction. and removal in Area 1C and the north half of Area 2 shall be com- pleted within twelve months after commencement of operations here - under. C. That screening berms shall be constructed along the west and south boundary lines of the adjacent Burnham Mill development in accordance with the standards shown on the Dunn Geoscience Cor- poration plan, 79 -2 -10, except that: No berm shall exceed 11 feet in height; 2. Vegetation shall consist primarily of evergreen plants; 3. Existing trees shall be conserved as far as practicable;r-- 4. Configuration of berms shall be undulating; 5. Slopes of berms shall not exceed thirty per cent. D. That soil handling sequences and extraction shall be in substantial conformance with the Dunn Geoscience Corporation plan 79 -2 -11, attached hereto and made :a part hereof by reference. E. That McLean Boulevard at the haulroad intersection shall be widened so as to provide a right turn deceleration lane for northbound traffic, a right turn acceleration lane for northbound traffic and a by -pass through lane for southbound traffic with a left turn bay, unless an alternate means of ingress and egress is established. F. That no structures shall be located within 300 feet of McLean Boulevard and without approval of the City Council. G. Excluding underwater extraction, the:-total of all operating areas shall by. the City Council. H. 1: That hours of mining operation shall be between the hours of seven a.m. and seven p.m., from Monday through Saturday, except that mining within 1000 feet of any dwelling unit shall be permitted only between the hours of eight a.m. and five- thirty p.m. from Monday through Friday. H. 2. That hours of loading and hauling shall be between the hours of six a.m. and seven p.m. from Monday through Friday and between the hours of seven a.m. and three p.m. on Saturday. H. 3. No operations shall be conducted on Sunday or on national-holidays. 1. That the haulroad from McLean Boulevard east for a distance of 1100 feet, if established, shall be paved with an asphaltic con- crete surface and all temporary roads and hardstand areas shall be treated with water or suitable chemicals to control dust. J. That discharge points shall be enclosed and conveyors used wherever practical.. K. That spray bars and wet screens shall be used where nec- essary and overburden stockpiles shall be treated to minimize the effects of erosion by wind or water. L. That noise suppression equipment, including standard mufflers on trucks and on -site equipment, rubber lined shoots, hoppers and screenbodies shall be employed to suppress excessive noise and applicable noise standards promulgated by the Illinois Pollution Control Board shall not be exceeded. - M. That no water other than natural drainage shall be per- mitted to be discharged on surrounding property. N. That the water barrier for the western water table located near McLean Boulevard shall not be breached, Q. That the water table at any extraction site shall not be mechanically lowered. P. Compliance with the Illinois Surface - -Mine Land Conserva- tion Act. Q. That prior to the commencement of activities under the special use permit granted the proposed use shall be approved by the Department of Mental Health as required by the deed conveying the subject property to the City of Elgin. R. That all revenues derived by the City of Elgin from the operation of the special use herein granted shall be deposited in a separate fund for use for future park development. S. Substantial compliance with the following exhibits prepared by W. E. Coates and described in his report entitled "A Proposal for the Temporary Mining and Reclamation of Land by the City of Elgin" dated September 3, 1980, copies of which are attached hereto and made a part hereof by reference; a) Project Phasing; b) Screening and Setbacks; c) Progressive Extraction -- Reclamation; d) Site Management Sequence. T. No blasting shall be permitted. U. A herbaceous ground cover shall be planted within one year from the completion of the grading operations and shall be in con- formance with the reclamation requirements of the Illinois Surface - Mine Land Conservation Act. V. Compliance with all other applicable statutes, codes and ordinances. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard e-r :Lc, Mayor 151 VOLUME XLVI Presented; May 13, 1981 Passed; May 13, 1981 Vote. Yeas 5 Nays 2 Recorded: Published: Attest: s/ arie e man Marie 7earman, City Clerk RESOLUTION ADOPTED AUTHORIZING A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES WITH J.C. UECKER & ASSOCIATES INC. Councilman Waters made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 152 RESOLUTION AUTHORIZING A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES WITH J.C. UECKER $ ASSOCIATES, INC. WHEREAS, the City of Elgin desires to improve McLean Boulevard between Eagle Drive and Oakley Avenue in the City of Elgin, Illinois; and WHEREAS, it is necessary and desirable to employ a qualified profes- sional engineer to perform necessary engineering services; and WHEREAS, J.C. Uecker $Associates, Inc. has submitted its written proposal for professional engineering services; and WHEREAS, it is in the best interest of the City of Elgin to accept the proposal of J.C. Uecker $ Associates, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE 'CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute a contract with J.C. Uecker & Associates, Inc, for professional engineering services, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 13, 1981 Adopted; May 13, 1981 Vote- Yeas 7 Nays 0 Recorded: Attest: L�tt� s/ Marie Ye man Marie Yearman, City Clem _ RESOLUTION EXPRESSING OPPOSITION TO THE Councilman.Gilliam made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 153 VOLUME XLVI RESOLUTION EXPRESSING OPPOSITION TO THE CONVERSION OF A PORTION OF THE ELGIN MENTAL HEALTH CENTER TO A CORRECTION FACILITY WHEREAS, the City Council of the City of Elgin, Illinois, is informed and believes that the State of Illinois is contemplating a conversion of a portion of the Elgin Mental Health Center to a state prison; and WHEREAS, it is the judgment of the City Council of the City of Elgin, Illinois, that such a use is inappropriate at said location; and WHEREAS, it is the further judgment of the City Council of the City of Elgin, Illinois, that the contemplated use will adversely affect the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its opposition to the conversion of the Elgin Mental Health Center or a portion thereof to a correction facility, BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to forward a certified copy of this resolution to-the Director of the Illinois Department of Corrections, members of the General Assembly whose districts include the City of Elgin and the Governor of the State of Illinois. Presented: May 13 1981 Adopted: May I', 1981 Vote: Yeas T Nays 0 Recorded: Attest: s/ Marie Yea man Marie earman, City Clem s/ Richard L. Verbic Richard L. Verbic, Mayor ADOPTED AUTHORIZING AN AGREEMENT Councilman Waters made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 154 RESOLUTION AUTHORIZING AN AGREEMENT FOR THE MAINTENANCE OF STREETS WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement with the Illinois Department of Transportation for the maintenance of streets for the period commencing July 1, 1981 through June 30, 1982, a copy of which is attached hereto and made a part hereof by reference. sL Richard L. Verbic Richard L. Verbic, Mayor Presented: May 13, 1981 Adopted: May 13, 1981 Voter Yeas 7 Nays 0 Recorded: Attest: Marie deman Marie Yearman, City Clerk ORDINANCE PASSED PROHIBITING-''PARK'ING AT 28 FRANKLIN.BOULEVARD Councilman Schmidt made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 155 VOLUME XLVI Ordinance No. G22 -81 AN ORDINANCE�..,� PROHIBITING PARKING AT 280 FRANKLIN BOULEVARD BE 'IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the designated places where parking is prohibited under Section 11.- 36.050M the following: Franklin Boulevard, north side, for 22 feet in front of the Second Baptist Church at 280 Franklin Boulevard. 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 from and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council. Presented: May 13, 1981 Passed: May 13, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: Marie Yeman rie . earman, City Clerk s/ Richard L.,Verbi:c Richard L. Ver ic, Mayor CHANGE ORDER Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 156 RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH CARL WALKER $ ASSOCIATES,. INC. FOR CONSTRUCTION OF A PARKING FACILITY WHEREAS,. the City of Elgin has heretofore entered into a contract' with Carl Walker & Associates, Inc; for construction of a parking facility; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order Number 2, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order Number 2, a copy of which is attached hereto and made a part hereof by reference. s/ Richard.L. Verbic Echard L. Verbic, Mayor Presented:_ May 13,,19:81 Adopted: May 13 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea nan Marie Yearman, ity er RESOLUTION ADOPTED AUTHORIZING CHANGE ORDER N0. TO THE CONTRACT FOR THE CLIFFORD- OWASCO PARK Councilwoman Nelson made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 157 VOLUME XLVI RESOLUTION AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT FOR THE CLIFFORD- OWASCO PARK WHEREAS,- on November 3, 1980, the City of Elgin contracted with Nagel Excavating, Inc. for certain improvements known as the Clifford - Owasco Park; and WHEREAS, Ralph H. Burke Associates, project architect, has recom- mended a change order; and WHEREAS, said change order is in the best interest of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Change Order No. 1 to the contract with Nagel Excavating, Inc. for an improvement known as the Clifford- Owasco Park be and is hereby authorized and approved and the City Manager is directed to execute said change order, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 13, 1981 Adopted: May 13, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yet= Marie Yearman, City Clerk OLUTION ADOPTED AUTHORIZING THE A Councilman Gilliam made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: Councilman Hansen. VOLUME XLV9 RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL WITH NORTHWESTERN UNIVERSITY WHEREAS, Northwestern University, Evanston, Illinois, has submitted a research proposal concerning sulfur chemistry and its removal from the City of Elgin's groundwater supplies and related matters; and WHEREAS, said research will tend to improve the understanding of sulfur oxidation and precipitation in the treatment process; and WHEREAS, it is in the best interest of the City of Elgin to examine various methods for the treatment of groundwater supplies which contain amounts of sulfur prior to the commencement of water treatment operations at the water treatment plant under construction NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a Research Fellowship be and is hereby created at Northwestern University in the amount of $11,800 payable in quarterly installments commencing June 1, 1981 for the purpose of 'implementing the research proposal attached hereto and made - a.part "hereof. BE IT FURTHER RESOLVED that a faculty adviser fund be and is hereby created at Northwestern University in the amount of $3,600 payable in quarterly installments commencing June 1, 1981 for the purpose of imple- menting the research proposal attached hereto and made a part hereof. s/ Richard L. Verbic Richard L. VerSic, Mayor Presented: May 13, 1981 Adopted: May 13, 1981 Vote: Yeas 6 Nays 1 Recorded: Attest: s/ Marie Year an Marie Tearman, City Clerk 158 159 VOLUME XLVI AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Board of Education School District U -46 $10,430.83 Rental of various school facilities in conjunction with recreational programs. Peerless Fence $ 1,789.00 Installation of fence along Public Works Yard. Councilwoman Nelson made a motion, seconded by Councilman Waters to approve the aforementioned payments. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Abstained: Councilman Gilliam. - RESOLUTION ADOPTED AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES WITH WISS JANNEY, ELSTNER AND ASSOCIATES, INC. Mayor Verbic asked the Council to secure a second bid for this project because he believed the price was excessive for the total amount of work outlined in the engi- neer's proposal. Councilman Hansen felt the city could successfully sue the original construction firm for the parking deck and the money used for this new contract could be used to hire another firefighter for a whole year. Councilman Gilliam pointed out that the city would need the expertise of this engineering firm in order to win said lawsuit. Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen, Gilliam, Kirkland, Nelson, and Waters. Nays: Councilmen Hansen, Schmidt and Mayor Verbic. VOLUME XLVI RESOLUTION AUTHORIZING A CONTRACT FOR ENGINEERING SERVICES WITH WISS, JANNEY, ELSTNER AND ASSOCIATES, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute a contract on behalf of the City of Elgin, with Wiss, Janney, Elstner and Associates, Inc,, for professional engineering services in connection with the repair of the Spiess parking deck, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard er ic, Mayor Presented: May 13, 1981 Adopted: May 13, 1981 Vote: Yeas 4 Nays 3 Recorded: Attest: s/ Marie Yea man Marie Yeannan, City Clerk REPORTS RECEIVED AND ORDERED PLACED ON FILE Fire Department 1980/1981 Quarterly Comparisons for January, February and-March. Water Department Accounts Receivable for April, 1981. Parking Lot Revenues 4/1/80 through 3/31/81. 16o Councilman Gilliam made a motion, seconded by Councilman Kirkland to place the aforementioned reports on file. Yeas: Councilmen Gilliam; Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilman Gilliam made a motion, seconded by Councilman Kirkland to adjourn the meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt ,,Waters and Mayor Verbic. Nays: None. The meeting a adjourned at 11:45 P.M. Marie Yearma City Clerk k 1 i VOLUME XLVI May 27, 1981 161 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on May 27, 1981, at 8:09 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Mayor Verbic, and the Pledge of Allegiance was led by Councilman Schmidt. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent: None. MINUTES OF THE MAY 13, 1981 MEETING APPROVED AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilman Waters to approve the May 13; 1981 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR STREET NAME SIGN FACES Councilman Gilliam made a motion, seconded by Councilwoman Nelson to award the bid for 494 various street name sign faces to the low bidder, Fosco Fabricators, Inc., for $2341.56. Yeas: Council - men Gilliam,Hansen, Kirkland, "Nelson, Schmidt, Waters and Mayor Verbic. Nays; None. BID AWARDED FOR COMMERCIAL LAWN MOWERS Councilman Gilliam made a motion, seconded by Councilwoman Nelson to award the bid for 5 commercial lawn mowers to the low bidder, Illinois Lawn Equipment, for $1662.08,. BID AWARDED FOR HEMMENS LIQUOR CONCESSION Councilman Schmidt made a motion, seconded by Councilman Gilliam to award the Hemmens Liquor Concession to the sole bidder, Donald Koepke of Liquorland Enterprises, Inc. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 162 VOLUME XLVI AUTHORIZATION TO SET PUBLIC HEARING ON AMENDMENT-TO THE BIG TIMBER INDUSTRIAL PARK ANNEXATION AGREEMENT Councilman Gilliam made a motion, seconded by Councilman Kirkland to set a public hearing on an amendment to the Big Timber Industrial Park Annexation Agreement for June 24, 1981; Yeas; Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays. None. M -4 GENERAL Jerry Deering, representing the Elgin Community Development Department, stated, Petition 13-81 was filed by the Community Concern for Alcoholism and Drug Abuse. The proposed community service facility is more specifically a transitional living facility for alcoholic rehabilitation. The Elgin Land Use Committee held a public hearing on the proposed special use on May 4; 1981. Both the Community Development Department and the Land Use Committee have recommended the approval of this petition, subject to the conditions outlined in your material. Councilman Gilliam stated, are these people strictly Elginites or people from all over the State. James Renz, Executive Director of CCADA stated, the answer to that is the vast majority of them are from the Elgin area. We service and area which includes the Northern half of Kane County, plus Hanover Township in Cook County, and receive funding from the Department of Mental Health for that service area. Therefore, some of the men will come from outside the immediate Elgin environs. Mayor Verbic stated, with the curtailment of funding for the Elgin State Hospital Detoxification Program, I am a little confused as to where your transitional people will be coming from. Mr. Renz stated, the latest information we have on the Detox program, which is called Share at Elgin Mental Health Center is that it will continue. The alcoholism treatment program, which is a separate program, and which will close as of October lst, those individuals will be referred to other agencies in the community, such as the Abbey in Winfield, Lovellton in Elgin, Parkside in Mundelin, or to other hospitals. We have a working relationship with all those programs and will receive people after they have been through a rehabilitation program. Councilman Gilliam stated, I make a motion that we approve Petition 13 -81. VOLUME XLVI 163 Mayor Verbic stated, is there a second to Councilman Gilliam's motion for approval. Councilman Schmidt stated, the motion died for lack of a second. Mayor Verbic stated, Councilman Gilliam's motion has died for lack of a second. Councilman Gilliam stated, I might say for someone who did not second it that all its going to do, you have to put it on the floor to vote it down or pass it anyway. To second it doe's not mean you are for it, its just to get it on the floor to vote on it. Councilwoman Nelson stated, I will second the motion. Johnny Rufus of 1136 Ash Drive stated, I have been a part of that community since 1976. The community I think would be better with that program in there no only because of the up- rise in crime: but there is a great need for this type of program in —say -a getto situation or getto area like this. There are a lot of people that are in need to be dried out. Jim Sachen of 1008 Bruce; Drive stated, I want you to know that we do have a, lot of objectors to this facility, they are not here tonight primarily because when we attended the Land Use hearing, they promised us that this would come up for vote at the City Council on June 10th. They also promised us that we would get a letter. We do object to this in this area because we have a Jot of crime there now and we just can't see people who are on drugs, or off drugs, or looking for drugs, busting into our houses out there. Councilman Gilliam stated., l had a chance .today to go out there and look at the facility and the neighborhood, and l keep hearing from different individuals that when you bring twelve people out its going to destroy the neighborhood. I think you are talking about twelve people who are making an effort to improve them - selves, they realize that they have had a problem, if I am correct, most of the people who are involved have to have a job and in looking out there today, I saw quite a few people who looked like they did'nt have a job. By having these twelve people out there, there is less density, less kids and I think the program is going to be of benefit, and will cut down the density of the neighborhood. I really believe it will improve the neighborhood and thats why I am going to vote in support of that. Councilwoman Nelson stated, I felt better about this after I had talked to some of these people. 164 id;- °._.'1 VOLUME XLVI Tony Ceresa stated, I am the developer of Kings Lane Subdivision f_.. out there; As we started developing then came Poplar Creek, Huntington Park, we objected to this at that time and it was shoved down our throats. There were supposed to be certain covenants that the city required and that was not fullfilled, namely the playground area, just another thing that was left to go by the wayside. I feel we have a high concentration of this element in this location. To bring people from all over, not just Elgin, but all over. They say surrounding areas what are we talking about, are we talking about Streamwood, are we talking about Hanover Park, Schaumburg, Bartlett, what are we talking about. I would say this, lets clean up what we have, clean up the area that we have now. The whole eastside of Elgin is going bad, we can see it, the people who have lived here for any length of time. Mel Schrock of Investor's Realty stated, we try to manage 58 apartments across the street -and it seems as though most of the people who call us in regard to renting apartments, and we rent probably a.few hundred of them, eighty per cent of them want:to be on west side, and for some reason or other it seems like the east side does'nt have the reputation that the west side has. We need all the help that we can get out there to build it up and I am not quite sure whether it is going to be good or if its going to be bad, but if it is going to be one little bit bad its going to worse than what we have it now which would be very unfortunate. I think I would prefer to see this on the west side some place. Every body says it does not run down a neighborhood but yet no body wants it. Councilman Schmidt stated, I personally have reservations about this special use. Number one, I cannot seem special use going into a parcel of land that has an upper and lower with six units on both stories. Also we are talking about. six apartments with two people and supposing this works out, before you know it they will say well this is special zoning lets use the upstairs and you would have twenty-four. In reading over the transcript I find that we cover the northern half of Kane County, we go out to Hanover Township, I personally feel that Elgin has done more than its share in having these rehabilitation places and I am wondering why, after two years of looking, they still come to Elgin. Why don't they look to the north, west or east in some of those towns. Councilman Waters stated, I am on the Board of Directors of CCADA and as such will abstain from voting this evening:. 1 have worked very closely and very hard with the Committee that has looked for available properties. l have talked with a number of individuals in the community, we have met with representatives from all of the organized neighborhoods in the community, we have met with a number of civic leaders, we have met with the city staff-, and I believe we have done everything that has been asked in order to find a suitable property in the community that can serve the needs of this program. VOLUME XLV I '165- One of the resons the property has been sought in Elgin, as opposed to the neighboring communities, is the fact that the treatment program, the continuing support treatment, is located here in Elgin. The treatment does not take place in this facility, this is a residential facility, but the support treatment that does continue is located here in Elgin. think this agency has in good faith sought to follow the guidance of the city, of the Council, of the neighborhoods who are organized in the community, and I think that if this is voted down this evening the Council has an obligation to give guidance to this organization as to where it is to go because at the end of this month you have eight gentlemen who are being evicted from Lovellton and they have no place to go. Mayor Verbic called for the question. Yeas: Councilmen Gilliam, Kirkland and Nelson. Nays: Councilmen Hansen, Schmidt and Mayor Verbic. Present: Councilman Waters. PETITION 12 ®81 REQUESTING AN AMENDMENT TO AN EXISTING R® GENE AL RESIDENCE DISTRICT SPECIAL USE FOR A DAY CARE CENTER, PROPERTY LOCATED AT NORTH A.LDINE °® APPROVED Councilman Gilliam made a motion, seconded by Councilman Kirkland to approve Petition 12 ®81. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: Councilwoman Nelson. KANE COUNTY SUBDIVISION PETITION REOUEST Councilman Gilliam made a motion, seconded by Councilwoman Nelson to approve the aforementioned petition. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. PASSED GRANTING A VAR Councilwoman Nelson made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Ordinance No. G23 -81 AN ORDINANCE GRANTING A VARIATION FOR A SPECIAL SIGN DISTRICT WHEREAS, Sherman Hospital has applied for a variation from the zoning ordinance to permit the establishment of a special sign district on certain property located at 934 Center Street in the City of Elgin; and WHEREAS, the Land Use Committee conducted a public hearing after due notice by publication and has recommended approval and submitted its written findings of fact; and WHEREAS, the City Council of the City of Elgin concurs in the findings and recommendations of the Elgin Land Use Committee. 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,, Illinois, hereby adopts the findings of the Land Use Committee that a special sign district be and is hereby created, the boundaries of which are legally described as follows: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16 in Block I and Lots 1, 2, 3, 4, 5, 6, 7 and 8 in Block II and that part of vacated North Center Street lying Westerly of and adjoining said Lots 1 through 8 in Block II, all in Slade °s Addition to Elgin, in the City of Elgin, Kane County, Illinois; AND ALSO Lots 1, 2, 3, 4, 5, 6, 7 and 8 in Block IV of Congdon °s. Second Addition to Elgin, in the City of Elgin, Kane County, Illinois; AND ALSO Lots 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 in Block I of Grote and Waldron °s Second Addition to Elgin, in the City of Elgin, Kane County, Illinois. subject to the following conditions: 1. That all signs erected in the special sign district by Sherman Hospital shall be in accordance with the Graphics Design prepared by Poblocki and Sons, dated December 17, 1980, and the Graphics Site Plan prepared by Sherman Hospital, copies of which are attached hereto and made a part hereof by reference. 2. That all existing free - standing signs be removed. 3. Compliance with all other applicable codes and ordinances. Section 2. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic TacRa-rd L. Verbic, Mayor 167 Presented: May 27, 1981 Passed: May 27, 1981 Vote: Yeas 7 Nays Recorded: Published: Attest: ss/ Marie Yearhan Marie Yearman, City Clerk ea VOLUME XLVI SSiFYING PROPER Darlene Erboe stated, I don't think this should be there with all those homes around it. Its in a residential section and all the school kids will be going there. It will be a hangout and there will be drug problems. Bruce Minis stated, I think what I should do is dispel] some of the lady's fears about what is going to take place. I am involved in the industry of video games. There is nothing involved with gambling „_.the average age is around 24 years old, and in some places averages above 30 years old. There is no smoking on the premises, no food, no drink, and no loitering. All of the adjacent businesses that we have been to we have showed our petition, we have showed our rules and they have expressed and have given us 100% support. Councilman Gilliam made a motion, seconded by Counci to pass the aforementioned ordinance. Yeas: Counci Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor None. ]man Schmidt ]men Gilliam, Verbic. Nays: Ordinance No. G25 -81 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 722 -750 WEST CHICAGO STREET, FROM M -1, LIMITED MANUFACTURING DISTRICT, TO THE B -3, SERVICE BUSINESS DISTRICT, AND GRANTING A SPECIAL USE FOR AN AMUSEMENT ESTABLISHMENT WHEREAS, a written application has been made to reclassify certain property located at 722 -7 50 West Chicago Street, Elgin, Illinois, from the M -1, Limited Manufacturing District, to the B -3, Service Business District, and for a special use for the establishment, maintenance and operation of an amusement establishment; and WHEREAS, the Land Use Committee has ing notice by publication as required by findings and recommended approval; and conducted a public hearing follow - law, and has submitted its written WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the Elgin Land Use Committee. 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 made by the Elgin Land Use Committee, a copy of which- are attached hereto and made a part hereof by reference. - Section 2. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from M -1, Limited Manufacturing District, and including in the B -3, Service Business District, the follow- ing described property: That part of the Southwest quarter of Section 14, Town- ship 41 North, Range 8 East of the Third Principal Meridian and part of Block l of S. Wilcox's Addition to Elgin described as follows: Beginning at the intersection of the East line of North Union Street with the Northerly line of West Chicago Street; thence North along the East line of North Union Street 82.0 feet; thence Northeasterly, along a line that form an angle of 84 degrees 47 minutes 30 seconds to the right with the prolongation of the last described course, a distance of 148.67 feet; thence Northerly, along a line that forms a clock- wise angle of 95 degrees 37 minutes 21 seconds with the last described course, a distance of 79.88 feet; thence East along a line perpendicular to the last described course 12.05 feet; thence Northerly, along a line perpendicular to the last described course, a distance of 55.07 feet; thence Easterly along a line perpendicular to the last described course 143.22 feet to the West line of Block 2 of Bosworth's Addition to Elgin; thence Southerly along said West line 70.89 feet to the Northwest corner 169 VOLUME XLVI of Lot 11 in said Block 2 thence Easterly along the North line of said Lot 11, a distance of 50.0 feet; thence South - erly parallel with the West line of said Lot 11, a distance of 132 feet to the Northerly line of West Chicaga Street; thence Southwesterly along said Northerly line 3S3,SS feet to the place of beginning being situated in the City of Elgin, Kane County, Illinois. Section 3. That a special use for an amusement establishment be and is hereby granted subject to the following conditions: 1. That the special use herein granted shall be conducted . and operated in accordance with the rules and the operating regulations submitted by the petitioners, a copy of which are attached hereto and made a part hereof by reference,. as Exhibit B. 2. Compliance with applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Echar-d L. 7erbic, Mayor Presented: May 27, 1981 Passed: May 27, 1981 Vote: Yeas 7 Nays 0 Recorded: Published :. Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED OF APPRECIATION TO THE INTERFAITH TASK FORCE Councilman Waters made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays. None. VOLUME XLV1 170 RESOLUTION OF APPRECIATION TO THE INTERFAITH: TASK FORCE' WHEREAS, the Interfaith Task Force of Elgin is deeply concerned with world and local hunger; and WHEREAS, on April 11, 1981 the Interfaith Task Force organized a CROP workday to raise funds to help alleviate hunger; and WHEREAS, seventy young people and adults worked diligently and with dedication on CROP day to clean and improve several areas of our community, including Old Main, Wing and Trout Parks, the Fen and certain public right - of- ways; • and WHEREAS, because of these efforts our City's beauty was enhanced and nearly $1,400 was raised to help support the activities of CROP and the Phetgoncy F6961:Pantry of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS', that it hereby expresses its deep gratitude and apprecia- tion to the Interfaith Task Force for the CROP workday project. s/ Richard L. Verbic RicMTU L. Verbic, ayor Presented: May 27, 1981 Adopted: May 27, 1981 Vote: Yeas 7 Nays 0 Recorded:- Attest: Marie e8 Y aY man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING GRANTS OF EASEMENTS Councilman Kirkland made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic, Nays: None. 171 RESOLUTION ACCEPTING GRANTS OF EASEMENTS VOLUME XLVI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a grant of permanent easement from Ch -tcago Rawhide Manufacturing Company, Inc., for the operation and maintenance of a lime residue transmission main, a copy of which is attached.hereto as Exhibit A. BE IT FURTHER RESOLVED that it hereby accepts a temporary construction easement from Chicago Rawhide Manufacturing Company,. Inc,, for the construc- tion of a lime residue transmission main, ,a copy of which is attached hereto as Exhibit B. BE IT FURTHER RESOLVED that the City Council is hereby authorized and directed to cause the grants of easements hereby accepted to be recorded in the - office of the Recorder of Deeds of Kane County, Illinois. s/ Richard L. Verbic Rich-a—M E. Verbic, - yor Presented: May 27, 1981 Adopted: May 27, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: J c.sv 2 _7 P9�° s/ Marie yea an rie Yearman, City er TlON ADOPTED ACCEPTBNG L OF Councilman Gilliam made a motion,.seconded by Councilman Kirkland to adopt the aforementioned resolution. Yease Councilmen Gilliam, Kirkland, Nelson, Schmidt and Waters. Nays: Councilman Hansen and Mayor Verbic, VOLUME XLVI 172 RESOLUTION ACCEPTING PROPOSAL OF A $ H ENGINEERING CORPORATION BE IT RESOLVED BY THE CITY COUNCIL: OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed . to accept the proposal of A $ H Engineering Corporation for quality control testing for Special Assessment District Western Area I, a copy of which is attached hereto and made ,a part hereof by, reference. s/ Richard L. Verbic Echard L. Verbic, Mayor Presented: May 22, 1981 Adopted: May 22, 1981 Vote: Yeas 5 Nays 2 Recorded: Attest: s/ Magi ievYeaan rie Yearman, City Cler RESOLUTION ADOPTED APPROVING CHANGE ORDER N0. 2 IN THE CONTRACT WITH LAMP, 1NC. FOR CONSTRUCTION OF A PARKING FACILITY Councilman Waters made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Naysa None; 173 VOLUME -XLVI RESOLUTION APPROVING CHANGE ORDER NO. 2 I THE CONTRACT WITH LAMP,- INC. FOR CONSTRUCTION OF A PARKING FACILITY WHEREAS, the City of Elgin has heretofore entered into a contract with Lamp, Inc. for construction of a parking facility; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order Number 2, attached hereto. NOW,, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order Number 2, a copy of which is attached hereto and made a part hereof by reference. s/ Richard Le Verbic Richard a ic, Mayor Presented: May 27, 1981 , Adopted:- May 27, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yeaan rie earman, ity Clerk RESOLUTION-WDOTTED`ACCEPTING- MAINTENANCE RESPONSIBILITY OF HIGHLAND AVENUE BY THE CITY OF ELGIN Councilman Gilliam made .a motion, seconded by Councilman Waters to adopt the aforementioned resolution, Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verb ic. Nays. None. VOLUME XLVI RESOLUTION ACCEPTING MAINTENANCE RESPONSIBILITY OF HIGHLAND AVENUE BY THE CITY-OF ELGIN WHEREAS, the County of Kane has heretofore improved Highland Avenue, County Highway No. 47, from Randall Road easterly to McLean Boulevard with Motor Fuel Tax Funds.; and 174 WHEREAS, the control of-permits for driveways, utility installations, . subdivision streets connecting onto this portion of Highland Avenue should more properly be the function of the City of Elgin; and WHEREAS, the County of Kane desires to transfer maintenance responsi- bility to the City of Elgin and the City of Elgin is willing to accept said responsibility. NOW,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS AND THE COUNTY OF KANE, that the maintenance responsibility of the aforesaid road within the stated limits shall be assumed by the City of Elgin and that should future construction, reconstruction or widen- ing of the road become necessary, the County of Kane shall assume 50% of the cost thereof as a joint project with the City. s/ Richard L. Ver°bic Richa—r-7 L. VeiSic, Wor Presented: May 27, 1981 Adopted: May 27, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest Marie Yuman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE LIST OF ONE- WAY STREETS IN THE CI•TY:OF.E:LGIN Councilwoman Nelson made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None, 175 VOLUME XLVI Ordinance No. G26 -81 AN ORDINANCE AMENDING THE LIST OF ONE -WAY STREETS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.28 of the Elgin Municipal Coder, 1976, as amended, be and is hereby further amended by deleting from the:" list of one -way streets in the City of Elgin under Section 11.28.050(C) the following: Spring Street from East Highland Avenue to Kimball Street. Section 2. That Title 11, Chapter 11.28 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of one -way streets in the.'City of:Elgin under Section 11.28.050(G) the followings Spring Street from Division Street to Kimball Street. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form in the manner provided by law. s/ Richard L. Verbic Richard . Verbic, Mayor Presented:. May 27, 1981 Passed: May 27, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest 1 C s/ Marie Yea man Marie earman, City Clerk ORDINANCE PASSED VACATING A PORTION OF LARKIN AND EDISON AVENUES Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinances Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None, c VOLUME XW Ordinance No. S1 -81 AN ORDINANCE VACATING A PORTION OF LARKIN AND EDISON:AVENUES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That it is in the public interest that a portion of Larkin Avenue and Edison Avenue in the City of Elgin, described as follows: That part of the East Half of the Northeast Quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of Lot 13 in Block l of Theo. F. Swan's` Sub- division, of part of the East Half of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian; thence South 76 degrees 22 minutes West along the Southeasterly line of said Lot 13, 146.1 feet to the most Southerly Southwest corner of said Lot 13 for the point of beginning; thence continuing South 76 degrees 22 minutes West along the prolonga- tion of the last described line 25 feet to the West line of said Lot 13 extended Southerly; thence Northerly along said extended line 25 feet to the most Northerly Southwest corner of said Lot 13; thence Southeasterly along a Southwesterly line of said Lot 13, 30.3 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. be vacated and the same is hereby vacated for street purposes. Section 2. That the City of Elgin does hereby reserve for itself and for any and all public utility companies owning any public service facilities in any part of said streets vacated by this ordinance full right of ingress and egress through said street for the purpose of con- tinuing or extending public service facilities and for the further purpose of maintenance, renewal, extension or construction or reconstruc- tion of any such public service facilities, Section 3. That a certified copy of this ordinance together with a plat of the public street vacated be filed with the Recorder of Deeds, Kane County, Illinois. Section 4. That this ordinance shall be effective from and after its passage in the manner provided by law. s/ Richard L. Verbic Riard L. Verbic, yor- Presented: May 27, 1981 Passed: May 27, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ iiarle Yea an Marie Yearman, City Clerk 176 177 RESOLUTION ADOPTED FOR IMPROVEMENT BY MUNICIPALITY UNDER "THE "ILLINOIS HIGHWAY CODE VOLUME XLVI Councilman Kirkland made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson; Schmidt, Waters and Mayor Verbic. Nays: None." AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Rydin Equipment $4,349.48 Engine overhaul of Bus '7#8079 United Diesel $3,512.10 Rebuilding transmission Bus 8079 Fischbach Bros. $2,891.17 Overhaul of Cemetery Backhoe Duff & Phelps,Speer $2,500.00 Bond issue for Topeka inn State of Illinois $7,430.61 Temporary signals at Route 31 and Tollgate Road. Councilman Gilliam made a motion, seconded by Councilwoman Nelson to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED SUPPORTING A REOUEST FOR Councilwoman Nelson made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: Councilmen Gilliam and Waters. RESOLUTION SUPPORTING A REQUEST FOR AUTHORIZATION OF A TOLLWAY FEASIBILITY STUDY BY THE STATE OF ILLINOIS LEGISLATURE FOR THE ELGIN- O'HARE CORRIDOR WHEREAS, the City of Elgin has planned for, and developed consistent with, the planned interchanges and right -of -way necessary for the construc- tion of the Elgin- O'Hare Expressway; and WHEREAS, the Elgin- O'Hare Expressway is compatible with current and future land developments in Elgin; and WHEREAS, other municipalities within Elgin- O'Hare Expressway routing have similarly planned for this important transportation facility; and WHEREAS, the Elgin- O'Hare Expressway will accomplish efficient and safe movement of traffic, separation of through traffic and local traffic, and provide the western access necessary for O'Hare International Airport; and WHEREAS, funding to complete acquisition and initiate construction of a transportation system in the Elgin- O'Hare Corridor has been delayed for many years; and WHEREAS, the City of Elgin in cooperation with other municipalities and DuPage County wishes to review all funding alternatives to secure an implementation plan for the Elgin- O'Hare corridor; and WHEREAS, the Illinois Transportation Study Commission reviews and recommends to the Illinois legislature all development plans for extension of the highway transportation network within the State of Illinois. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, COUNTIES OF COOK AND KANE, STATE OF ILLINOIS: Section 1. ,That the City of Elgin supports a recommendation for a Tollway Feasibility Study to the Illinois Legislature as part of the Illinois Transportation Study Commission's annual report. Section 2. That the City of Elgin supports the construction of the Elgin-O'Hare Expressway according to a schedule which will result in its completion by a date which is as early as possible. Section 3. That this resolution shall be in full force and effect from and after its passage and approval according to law. BE IT FURTHER RESOLVED that the City Clerk of the City of Elgin transmit copies of this resolution to: The Honorable James R. Thompson, Governor, State of Illinois; Sigmund Ziejewski, District Engineer, Illinois Department of Transportation; Gilbert Stiles, Chairman, Chicago Area Transportation Study; State of Illinois Senator John E. Friedland; State of Illinois Repre- sentatives Doris C. Karpiel, Roger C. Stanley and John Carey; Fred Schoenfeld, Executive Director, Illinois Transportation Study Commission; Representative Benedict Garmisa, District 19, Chairman, Illinois Transportation Study Commis- sion; Senator Charles Chew, Vice - Chairman, Illinois Transportation Study Commis- sion; John Conolly, Vice - Chairman, Illinois Transportation Study Commission; 179 VOLUME XLVI and Commission members: Senator Max B. Coffey,- Charleston, Illinois; Senator John L. Knuppel, Virginia, Illinois; Senator James H. Rupp, Decatur, Illinois; Representative Michael McClain, Quincy, Illinois; Representative Clarence Neff, Stronghurst, Illinois; Representative Celeste Stiehl, Belleville, Illinois; Joseph Azzarelli,- Kankakee, Illinois; Jerome R. Butler, Chicago, Illinois; Harry Herring, Springfield, Illinois; Walter Shipp, Centralia, Illinois; Gerald W. Shea, Berwyn, Illinois; E. Stanley Klyber, President, Greater O'Hare Association of Industry and Commerce; William G. Grams, Executive Director, Northwest Municipal Conference; Steve Aavang, Executive Director, DuPage Mayors and Managers Conference; Jack T. Knuepfer, Chairman, DuPage County Board of Supervisors; George Dunne, Cook County Chairman; Ruth Kretschmer, Vice- President for Planning and Policy Development, NIPC and DuPage County Board Member; Chester J. Rybicki, Commissioner, NIPC. s/ Richard L. Verbic Echard E. Verbic, Mayor Presented: May 27, 1981 Adopted: May 27, 1981 Vote : - Yeas 5 Nays 2 Recorded: uLAttest: s/ Marie Year an Marie earman, City,-Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR AN AMUSEMENT ESTABLISHMENT AT DO GLAS AVENUE Councilman Gilliam, made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic, Nays: Councilwoman Nelson. VOLUME YLVI Ordinance No. G24 -81 AN ORDINANCE GRANTING A SPECIAL USE FOR AN AMUSEMENT ESTABLISfMNT AT 53 DOUGLAS AVENUE WHEREAS, written application has been made: for a special use for the establishment, maintenance and operation of an amusement establishment at 53 Douglas Avenue; and M WHEREAS, the Land Use Committee 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 Land Use Committee. 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 made by the Elgin Land Use Committee, a copy of which are attached hereto and made apart hereof by reference as Exhibit A. Section 2. That a special use for an amusement establishment at 53 Douglas Avenue, Elgin, Illinois, legally described as follows: That part of the north 110 feet of Lot 5 in Block 17 of the County Clerk's Subdivision of the James T. Gifford Plat of the City of Elgin, Kane County, Illinois. be and is hereby granted subject to the following conditions: to That the special use herein granted shall be conducted and operated in accordance with the rules and the operating regulations submitted by the applicants, a copy of which are attached hereto and made a part hereof by reference as Exhibit B. 2. That the special use herein granted shall be established, maintained and operated in accordance with applicable ordinances and regulations. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic TUchard L. e-r 1c, Mayor Presented: May 27, 1981 Passed: May 27, 1981 Vote: Yeas 6 Nays 1 Recorded: Published:- Atttest: A� z �) P s/ Marie Year an rie Yearman, City Clerk 181 VOLUME XLVI REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue report for February, 1981 Traffic Committee Minutes - 5/4/81 Cemetery Report for April, 1981 Public Property and Recreation Board Minutes - 4/28/81 Budget Summary Councilman Gilliam made a motion, seconded by Councilman Waters to place the aforementioned reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic, Nays: None, ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilwoman Nelson made a motion, seconded by Councilman Hansen to adjourn the meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:00 P.M. arse Yearman City Clerk I VOLUME XLVI June 10, 1981 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on June 10, 1981, at 8;.15 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Mayor Verbic, and the Pledge of Allegiance was led by Councilman Gilliam. ROLL CALL Roll call was'answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent: None. Also present: Nelson, Yearman, Jentsch, and members of staff.. MINUTES OF THE MAY 27, 1981 FETING APPROVED AS PUBLIS ED Councilman Gilliam made a motion, seconded by Councilwoman Nelson to approve the May 27, 1981 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR 1981 CITY RESURFACING 182 Councilman Kirkland made a motion, seconded by Councilman..Schmidt to award the bid for the 1981 City resurfacing project to the low bidder, Giertz - Melahn Asphalt Company of South Elgin for $478,382.81. Yeas: Councilmen Gilliam,_ Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None, BID AWARDED FOR WINDOW CLEANING Councilman Waters made a motion, seconded by Councilwoman Nelson to award the window cleaning contract to the low bidder, Aurora Window Cleaning for two year period; the cost for 1981 is $1800.00 and $1890 for 1982. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING ON PROPOSED SECOND AMENDMENT TO THE VALLEY CREEK ANNEXATION AGREEMENT Jerry Deering representing the City Community Development Department stated, the second amendment to the Valley Creek Annexation Agreement provides for three revisions. These revisions were summarized to you in an additional memorandum that was passed out to you this evening at the Committee of the Whole Meeting. VOLUME XLVI Briefly, the first revision concerns the resubdivis:ion and rezoning of approximately six acres of Unit I of Valley Creek, from R -2 Single Family Residence District to R -3 Two Family Residence District. The second revision corrects and error in the original agreement concerning calculations for school and park site contributions. The third and final revision concerns the provision of off -site storm water contra] for the Valley Creek project by means of the Tyler Creek Detention Basin to be constructed by the city west of Randall Road. This proposed revision extends the city's acquisition deadline approximately two and one -half years, and extends Valley Creek of Elgin's balance payment deadline for their share of the cost of the basin approximately two and one -half years. The Elgin Land Use Committee conducted a Public Hearing on the proposed resubdivision and rezoning and have recommended the approval of both to you. The Community Development Department recommends approval of all three revisions to the annexation agreement. Mr. Charles Burnidge stated, I do have a concern with the wording in the revised paragraph 8, and 1 feel we are going to have to look at this further with the city. Its no ones fault really, our attorney prepared this, and the City of Elgin reviewed it, but upon further study, it is not clear for either Valley Creek nor for the City, so I think it needs to have further wording. The first part of the paragraph says that the detention basin is going to be built and then it says that if it is not, the city is going to give Valley Creek back the money we paid. Then it says thereafter the retention will be done in accordance with Exhibit H. Where the difficulty comes in is that already we are building detention different than Exhibit H. At the current time we are taking our waters directly to Tyler Creek as if the basin were built. If the basin does not get built and we revert back to Exhibit H, which has internal detention basins, it is no longer an equal situation. When you build''detention internally your whole system is different than if you were to run the water right to the stream. So we need to deal with this problem and resolve it as far as this annexation agreement is concerned. We don't have any problems with the extensions of the dates and so forth, but this is not a clear statement after Item C, neither for the City or for Valley Creek. Bob Mason of West Highland Avenue stated, how big an area is involved in this rezoning. Mayor Verbic stated, 29 existing lot are going to be rezoned from R -2 to R -3, and the proposal provides for an additional 23'- two-family lots, and thats all within Unit I. VOLUME XLVI 184 Mr. Paul Hoyer of West Highland Avenue stated, I came down because I was concerned. I am the second house from Airlite and my concern was that this particular rezoning would be on the backside of my property and therefore I would be bounded on two sides by multiple family units and l was sort of concerned about that. I would much prefer that it stay as it was originally, I was down earlier when they started Valley Creek, and I objected to the multiple family units being on my eastern boundary. When I purchased my home there was no idea of Valley Creek in mind and l am concerned about the value of my property being bordered or surrounded by multiple family units. Virginia Ottinger of West Highland Avenue stated, at the time we purchased our house, a little over two years ago, I came down and looked at the plan for Valley Creek because I was concerned whether or not I wanted to buy that property because its an irregular lot, but it is not a very deep lot, so I was concerned how close to the other dwellings.it would be in the future. I felt assured that there would not be other than single family homes and therefore went ahead with the purchase. I am very unhappy-.to think' -that they would be putting in multiple family dwellings as close to us as it is now indicated. Councilwoman Nelson made a motion to close the Public Hearing, and Councilman Kirkland seconded said motion. Yeas; Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING AN ORDINANCE RELATING TO ALCOHOLIC LIQUOR DEALERS Leo Nelson stated, we received just before five o'clock a communication from Marianne Nelson of the Chamber of Commerce, representing the Visitor Convention Bureau, supporting the proposed amendment as you are considering it. Councilman Gilliam made a motion, seconded by Councilwoman Nel =son to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: Councilman Waters. UWE VOLUME XLVI Ordinance No. G28 -81 AN ORDINANCE AMENDING AN ORDINANCE RELATING TO ALCOHOLIC LIQUOR DEALERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:" Section 1. That Section 2 of Ordinance No. G81 -4, entitled "An Ordinance Amending the Provisions of Chapter 6.06 of the Elgin Municipal, Code Relating to Alcoholic Liquor Dealers" be and is hereby amended to read as follows: "Section 2. Class I, for the retail sale of alcoholic liquor in the Hemmens Memorial Building by a concessionaire authorized to make such sales and delivery pursuant to a "con- cession agreement with the City of Elgin for consumption on the premises-only, $100.0©." Section 2. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard er xc, Mayor Presented: June 10, 1981 -. Passed June 10, 1981 Vote: Yeas 6 Nays I Recorded: Published: Attest: � k s/ Marie Ye man Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 11.44 ENTITLED, PARKING METERS AND ADOPTING LIMITED .ARKING AREAS Councilman Kirkland made a motion, seconded by Councilman Waters to pass the aforementioned ordinance, Yeas: Councilmen Gilliam,, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbico Nays: None. Ordinance No. G27 -81 AN ORDINANCE AMENDING CHAPTER 11.44 ENTITLED, PARKING METERS, AND ADOPTING LIMITED PARKING AREAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1, That Title 11, Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, is hereby amended be deleting from the thirty - minute parking zones under Section 11.44.100, the following: Douglas Avenue, east side thereof, from Dexter Avenue to Division Street; Douglas Avenue, east side thereof, from Division Street to East Highland Avenue, the northerly one space and the southerly one space; Douglas Avenue, east side thereof, from East Highland Avenue to East Chicago Street, the northerly one space and the southerly one space; Douglas Avenue, west side thereof, from East Highland Avenue to East Chicago Street; South Spring Street, west side thereof, from East Chicago Street to DuPage Street; North Grove Avenue, west side thereof, from East Highland Avenue northerly for one block; Division Street, north side thereof, from Douglas Avenue to North Spring Street; East Highland Avenue, north side thereof, from Douglas Avenue to North Spring Street, the westerly one space; East Highland Avenue, south side thereof, from Douglas Avenue to North Spring Street, the westerly one space east of the railroad right -of -way and westerly one space east of Douglas Avenue; East Highland Avenue, south side thereof, from North Grove Avenue to Douglas Avenue; East Highland Avenue, south side thereof, from Riverside Drive to North Grove Avenue, the westerly one space; East Highland Avenue, north side thereof, from Riverside Drive to North Grove Avenue; East Chicago Street, south side thereof, from Douglas Avenue to Spring Street; East Chicago Street, south side thereof, from South Spring Street to Center Street, the westerly three spaces and easterly one space; Prairie Street, north side thereof, from South Grove Avenue to Wellington Avenue, the westerly one space; Prairie Street, south side thereof, from South Grove Avenue to Wellington Avenue, the westerly four spaces. Section 2. That Title 11, Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, is hereby amended by deleting from the one -hour parking zones under Section 11.44.110, the following: Douglas Avenue, east side thereof, from Division Street to East Highland Avenue, except the northerly one space and the southerly one space; Douglas Avenue, east side thereof, from East Highland Avenue to East Chicago Street, except the northerly one space and the southerly one space; South Spring Street, east side thereof, from DuPage Street to Fulton Street. Section 3. That Title 11, Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, is hereby amended by deleting from the two -hour parking zones under Section 11.44.120, the following: North Spring Street, west side thereof, from Dexter Avenue to Division Street; North Spring Street, east side thereof, from Dexter Avenue to Division Street, southerly from the alley; North Spring Street, west side thereof, from Division Street to East Highland Avenue; Division Street, south side thereof, from Douglas Avenue to North Spring Street, except the westerly one space east of the railroad right -of -way and westerly one space east of Douglas Avenue; Division Street, north side thereof, from North Spring Street to Center Street; East Highland Avenue, north side thereof, from Douglas Avenue to North Spring Street, except the westerly one space; East Highland Avenue, south side thereof, from Douglas Avenue to North Spring Street, east of the railroad right -of -way; East Highland Avenue, south and north side thereof, from North Spring Street to Center Street; East Highland Avenue, south side thereof, from Riverside Drive to North Grove Avenue, the easterly two spaces; East Chicago Street, south side thereof, from South Spring Street to Center Street, except the westerly three spaces and the easterly one space; DuPage Street, north and south side thereof, from South Spring Street to Villa Street; Fulton Street, north and south side thereof, from South Spring Street to Villa Street; Prairie Street, north side thereof, from South Grove Avenue to Wellington Avenue, except the westerly four spaces; Prairie Street, south side thereof, from South Grove Avenue to Wellington Avenue, except the westerly one space; East Highland Avenue, north side thereof, from Riverside Drive to North Grove Avenue, except the easterly two spaces; East Highland Avenue, south side thereof, from Riverside, Drive to North Grove Avenue, except the westerly one space; North State Street, east side thereof, from West Chicago Street to West Highland Avenue; Municipal parking lot on Riverside Deck on Riverside Drive. Section 4. That Title 11, Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, is hereby amended by deleting from the five -hour parking zones under Section 11.44.130, the following; Division Street, south side thereof, from North Spring Street to Center Street. Section 5. That Section 11.36.081 of Chapter 11.36 is hereby added to the Elgin Municipal Code, 1976, to read as follows: 11.36..081.Fifteen- Minute Parking Zones It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked for longer than fifteen minutes upon the following designated streets and areas: North Grove Avenue, west side thereof, from East Highland Avenue northerly for one block. Section 6. That Section 11.36.082 of Chapter 11.36 is hereby added to the Elgin Municipal Code, 1976, to read as follows: 11.36.082 Thirty - Minute Parking Zones It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked for longer than thirty minutes upon the following designated streets and areas: Douglas Avenue, west side thereof, from Dexter Avenue to East Chicago Street; Douglas Avenue, east side thereof, southerly from the alley to East Chicago Street; South Spring Street, east side thereof, from DuPage Street to Fulton Street; i South Spring Street, west side thereof, from DuPage Street to East Chicago Street; Division Street, south side thereof, from Douglas Avenue to North Spring Street; Division Street, north side thereof, from Douglas Avenue to North Spring Street; East Highland Avenue, both sides thereof, from Riverside Drive to North Spring Street; East Chicago Street, south side thereof, from Douglas Avenue to Center Street. Section 7 That Section 11.36.083 of Chapter 11.36 is hereby added to the Elgin Municipal Code, 1976, to read as follows: 11.36.083 One -Hour Parking Zones It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked for longer than one hour upon the following designated streets and areas: East Highland Avenue, both sides thereof, from North Spring Street to Center Street; Center Street, west side thereof, from East Chicago Street to DuPage Street; DuPage Street, both sides thereof, from South Spring Street to Center/Villa Street; Fulton Street, both sides thereof, from South Spring Street to Villa Street; Prairie Street, both sides thereof, from South Grove Avenue to Wellington Avenue; Municipal parking lot on Riverside Deck on Riverside Drive. Section 8. That Section 11.36.084 of Chapter 11.36 is hereby added to the Elgin Municipal Code, 1976, to read as follows: 11.36.084 Two -Hour Parking Zones It is unlawful for any person to park or the owner of any vehicle to permit a vehicle owned by him to be parked for longer than two hours upon the following designated streets and areas: Division Street, both sides thereof, from North Spring Street to Center Street; North Spring Street, both sides thereof, from Division Street to Dexter Avenue. Section 9. That Section 11.36.050 of Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the follow- ing: North Spring Street, west side, between Division Street and East Highland Avenue. Section 10. That Section 11.44.100 of Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the follow- ing: North State Street, east side thereof, from West Chicago Street to West Highland Avenue, the southerly four spaces. Section 11. That Section 11.44.120 of Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the follow- ing: North State Street, east side thereof, from West Chicago Street to West Highland Avenue, except the southerly four spaces. Section 12. That Section 11.72.040A of Chapter 11.72 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by amending the follow - ing: A. Any person accused of a violation of Chapters 11.32, 11.36, 11.40 and 11.44, except Sections 11.360081, 11.36.082, 11.36.083, 11.36.084, 11.44.050 and 11.44.070, may settle and compromise the claim for such illegal parking by paying to the city the sum of ten dollars within ten days from the time such alleged offense was committed. Any person accused of violating Section 11.36.081, 11.36.082, 11.36.083, 11.36.084, and 11.44.050A may settle and compromise the claim for such illegal parking by paying to the city the sum of two dollars within forty -eight hours of the time such offense was committed, or by paying to the city the sum of three dollars subsequent to said forty -eight hour period and prior to such person being charged by written complaint or notice to appear for such violation. Any person accused of violating Section 11.44.050E may settle and compromise the claim for such illegal parking by paying to the city the sum of five dollars within forty -eight hours of the time such offense was committed, or by paying to the city the sum of ten dollars subsequent to said forty -eight hour period and prior to such person being charged by written complaint or notice to appear for such violation. Section 13. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor 190 VOLUME XLVI Presented: June 10, 1981 Passed: June 10, 1981 ` Vote: Yeas 7 Nays .0 Recorded: Published: Attest: c Y s/ Marie Yeal'man rie Yearman, City Clerk ORDINANCE PASSED GRANTING AN AMENDMENT TO A SPECIAL USE FOR A DAY CARE CENTER AT 69 NORTH ALDI E AVENUE, ELGIN Councilman Kirkland made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. -Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Ordinance No. G29 -81 AN ORDINANCE GRANTING AN AMEDU ENT TO A SPECIAL USE FOR A DAY CARE CENTER AT 69 NORTH ALDINE AVENUE WHEREAS, written application has been made to amend the terms and conditions of a special use heretofore granted for the establishment and operation of a day care center at 69 North Aldine Avenue, Elgin, Illinois; and WHEREAS, the Land Use Committee conducted a public hearing after due notice in the manner provided by law; and WHEREAS, the Land Use Committee has submitted its written findings of fact and recommended that the application be granted subject to certain conditions; and WHEREAS, the City Council of the City of Elgin concurs in the recom- mendations and findings of fact of the Land Use Committee. . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That it adopts and ratifies the findings of fact of the Land Use Committee made. on May 18, 1981, a copy of which is attached hereto and made a part hereof by reference. Section 2. That the special use permit' heretofore granted by Ordinance No. G27 -78, passed on April 12, 1978, for the establishment and operation of a day care center on the premises commonly known as 69 North Aldine Avenue, Elgin, Illinois, and legally described as follows: The Westerly 165 feet of Lots 8 and 9, Block 1, Pleasant Home Addition in the City of Elgin, Kane County, Illinois. be and is hereby amended to permit an addition to the existing' facility not to exceed 816 square feet in area as shown on Exhibit A attached hereto and made a part hereof by reference, subject to the following conditions: 1. That two additional parking spaces shall be constructed in accordance with all applicable ordinances of the City of Elgin. 2. That the addition authorized herein and the additional parking spaces required shall be constructed substantially as shown on Exhibit A attached hereto and made a part hereof by reference. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor- 192 Presented: Passed: Vote: Yeas Recorded: Published: VOLUME XLVI June 10, 1981 June 10, 1981 7 Nays 0 Attest: Q� Maw r e Y aYman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING MEMORANDUM OF AGREEMENT FOR MODERN TRACK MACHINERY, 9NC. Jim Lawson, Executive Vice President of Modern Track Machinery stated, we are a wholly owned subsidiary of a company out of Paris France called Geismar. We have been in the Elgin area for approximately five years leasing a facility over in Davis Park. Our primary business is .building and marketing machinery that repairs railroad tracks and as you all know this is a very , important part of our economy, particulary as the price of fuel goes up the trains become more and more important. We have found this location to be good for our business, we found the climate for employment, the people,the town and everything is a good place to do business. We had looked at facilities in the south, we looked at facilities in Crystal Lake and different areas and this area kept coming up as number one where we wanted to be at and we hope that we can be good neighbors with you all. Leo Nelson stated, what is your present employment and do you have any projection. Mr. Lawson stated, we are presenting at 10 people and when we get into manufacturing I can see possibly 20 people. The facility also has walls for expansion so we will not be running down south, we hope to stay right here in Elgin. Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays None. VOLUME XLVI 193 RESOLUTION AUTHORIZING MEMORANDUM OF AGREEMENT FOR MODERN TRACK MACHINERY, INC. WHEREAS, Modern Track Machinery, Inc., a corporation duly organized and validly existing under the laws of the State of Delaware (the "Company "), wishes to finance the acquisition of certain real property located within the City of Elgin, Kane and Cook Counties, Illinois, and the construction and equipping of an office and warehouse facility to be located on said real property,'which facility will be operated by the Company, and wishes to have the City of Elgin, Kane and Cook Counties, Illinois (the "Issuer ") issue its revenue bonds to provide for the acquisition of such real property and the construction and equipping of such facility; and WHEREAS, a Memorandum of Agreement has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such agreement, to issue its revenue bonds to pay the costs of such real property and such facility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: le That the Mayor of the Issuer is hereby authorized to execute and the City Clerk is authorized to attest and to affix the seal of the Issuer to a Memorandum of Agreement with the Company in substantially the form of such agreement as was presented to this meeting or with such changes therein as shall be approved by the officers executing the same. 2e That the officers and employees of the Issuer are hereby authorized to take such further action as is necessary to carry out the intent and purpose of the Memorandum of Agreement as executed and to cause not to exceed $900,000 of its revenue bonds to be issued upon the terms and condi- tions stated in such Memorandum of Agreement with respect to the real property and facilities described in the Memorandum of Agreement, which Memorandum of Agreement is hereby made a part of this Resolution. 3. That this resolution constitutes "official action" by the City under the Internal Revenue Code of 1954, as amended, and any applicable regulations promulgated thereunder. 4; That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. s/ Richard L. Verbic TZIEEFU L. er zc, yor Presented: June 10, 1981 Adopted: June 10, 1981 Vote: Yeas 7 Nays 0 Recorded:_ Attest: s/ Marie Yea an Marie Yearman, City er 194 RESOLUTIO APPROVI VOLUME XLVI Councilman Gilliam made a motion, seconded by Councilwoman Nelson to approve the payment of $72,153.00 to Gluth Bros., for the installation of a lime residue transmission main along Weston Avenue in Area 1. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Illinois Hydraulic $4,goo.00 Wall repairs to the lime storage room at the Slade Ave. Water Plant. Morton Suggestion Co. $3,615.18 Purchase of 1260 T- shirts for Fox Trot. Councilman Gilliam made a motion, seconded by Councilwoman Nelson to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Councilman Gilliam made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 195 RESOLUTION AUTHORIZING A MWRANDUM OF UNDERSTANDING WITH THE ELGIN HOUSING AUTHORITY FOR THE REHABILITATION OF PUBLIC HOUSING WHEREAS, the Elgin Housing Authority, a municipal corporation, and the City of Elgin, a municipal corporation, have heretofore agreed to enter into a certain cooperation agreement providing for the rehabilitation of existing public housing by the Elgin Housing Authority, a municipal corpora- tion, and located within the City of Elgin; and WHEREAS, it is necessary and desirable to express said agreement in writing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute and affix the seal of the City of Elgin to.a memorandum of understanding with the Elgin Housing Authority, a municipal corporation, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 10, 1981 Adopted: ,tune 10, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. I:IN THE CONTRACT WITH LAMP, INC. FOR CONSTRUCTION OF A PARKING FACILITY Councilman Kirkland made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 196 VOLUME XLVI RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH LAMP, INC. FOR CONSTRUCTION OF A PARKING FACILITY' WHEREAS, the City of Elgin has heretofore entered into a contract with Lamp, Inc. for construction of a parking facility; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order Number 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order Number 1, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 10, 1981 Adopted: June 10, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an rie Yearman, City CIerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A FARM LEASE WITH HAGEMANN FARMS 2 INC. Councilman Gilliam made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 197 RESOLUTION AUTHORIZING EXECUTION OF A FARM LEASE WITH HAGEIVM FARMS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute a farm lease with Hagemann Farms, Inc., a corporation, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard er ic, Mayor Presented: June 10, 1981 Adopted: June 10, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman ne Yearman, City Clerk REPORTS RECEIVED AND ORDERED PLACED ON FILE Parking Lot Revenues 5/1/80 through 4 /30/81 Water Department Report for May, 1981 Public Works & Engineering Bi- Monthly report for March /April, 1981 Councilman Gilliam made a motion, seconded by Councilwoman Nelson to place the aforementioned reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS VOLUME XLVI Mayor Verbic announced a Committee of the Whole Meeting on June 17, 1981; and stated that someone had mentioned having a regular Council meeting as well. Councilman Hansen asked if a decision could be made on the 17th relative to the RTA situation without a regular Council meeting. Counsel Jentsch stated an ordinance or resolution could not be passed without a special meeting. Mr. Nelson stated he did not know what might be proposed to pass because in the Committee of the Whole Meeting, the Council directed staff to send in our letter to the communities receiving bus service, an indication that if they don't pay for the service we are going to terminate the services on June 30th. Counsel Jentsch stated the ordinance establishing the . routes would have to be amended as well as any change in fares. Mr. Nelson suggested that instead of adjourning this meeting it could be recessed. Mayor Verbic made further announcement of the Committee of the Whole meeting and the next regular Council meeting on June 24th. ADJOURNMENT' Councilman Gilliam made a motion, seconded by Councilman Hansen to recess the Council Meeting to June 17, 1981, at 7:00 P.M. Yeas: Councilmen Gilliam, Hansen,`Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays : None. The meeting was recessed at 8:55 P.M. Marie Yearma , City Clerk VOLUME XLVI June 17, 1981 199 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT RECONVENED MEETING A reconvened meeting of the Council of the City of Elgin, Illinois, was held on June 17, 1981, at 7:20 P.M., in. the Council Conference Room of City Hall. The meeting was called to order by Councilman Waters. ROLL CALL Roll call was answered by Councilmen Hansen, Kirkland, Nelson, Schmidt and Waters. Absent: Councilman Gilliam and Mayor Verbic. Also present: Nelson, Yearman, Jentsch, and members of staff. APPOINTMENT OF MAYOR PRO TEM Councilwoman Nelson made a motion, seconded by Councilman Kirkland to appoint Councilman Waters Mayor Pro Tem. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt and Waters. Nays: None. AUTHORIZATION FOR TIDY CARPET TENT SALE Councilman Schmidt made a motion, seconded by Councilwoman Nelson to approve the request of Tidy Carpet for a tent sale on June 18th through June 22nd. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilman Kirkland made a motion, seconded by Councilman Schmidt to adjourn the meeting. Yeas:,Councilmen Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. The meeting was adjourned at 7:22 P.M. Marie Yearman, City Clerk VOLUME XLVI June 24, 1981 200 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois; was held on June 24, 1981, at 8:10 P.M., in the Council Chambers of City Hall, The meeting was called to order by Mayor Verbic. The Invocation was given by Father Robert F. Cell of St. Mary's Catholic Church, and the Pledge of Allegiance was led by Councilman Hansen. APPOINTMENT OF ACTING CITY CLERK Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to appoint Nancy Roll as Acting City Clerk. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Roll call was answered by Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent: Councilman Gilliam. Staff members present: Aydt, Roll, Jentsch, Danielson, Deering, Heine, Kaiser, Miller, Moller, Sarro and VanDeVoorde. MINUTES OF THE JUNE 10, 1981 COUNCIL MEETING APPROVE_D_A�_PUBLISHED Councilman Waters made a motion, seconded by Councilman Kirkland, to approve the June 10, 1981 Council Minutes as published. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR VEHICLE EMITTERS Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to award the bid for vehicle emitters to the sole bidder, Bell $ Gustus, Inc,, for $5,821.20. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING FOR PROPOSED ANNEXATION AGREEMENT WITH BURNIDGE BIG TIMBER 7URK Jerry Deering, Land Use Administrator, stated that the subject property is located near the southeast corner of Big Timber and Randall Roads. The proposed industrial park is approximately 40 acres and features 15 industrial lots, ranging in size from one to 12 acres, Since the proposal was originally reviewed by the Land Use Committee, there have been three minor changes to the subdivision. First, the number of lots has been decreased from 21 to 15; second, the length of the Jansen Farm Drive cul -de -sac has been decreased by approximately 400 feet; and third, certain utility connections have been simplified due to recent extensions of sewer and water service along Big Timber Road. The Elgin Land Use Committee has recommended approval of Petition 31 -79. The Community Development Department also recommends the approval of the annexa- tion, the M -1 Limited Manufacturing District zoning, the preliminary plan and the final plat of Big Timber Industrial Park, subject to the following condi- tions: First, compliance with the editorial changes to the annexation agreement 201 VOLUME XLVI as requested by the Legal Department and the Engineering Division. These 12 revisions are principally minor language refinements, size and location of utility easements, size and location of water mains, etc. Secondly, sub- mission and approval of final engineering plans and sepcifications with an acceptable performance bond; and third, compliance with all other applicable codes and ordinances. Mr. Deering stated that Burnidge Brothers has agreed to all of the requested revisions to the annexation agreement. Councilman Schmidt asked Charles Cassell, representing Burnidge Brothers, why the lot sizes were decreased. Charles Cassell stated that since the petition was before the Land Use Committee and now, Burnidge Brothers has a purchaser for a large 12 -acre parcel, which was formerly shown in smaller acreages. Several smaller parcels were con- solidated into one large parcel to accommodate the purchaser. Councilman Waters questioned a reference in the annexation agreement to curb and gutters. He asked if curb and gutter would be required on the entrance to Big Timber Road. Charles Cassell stated that all interior roads would have curb and gutter. Gary Miller, Engineering Supervisor, stated that Big Timber is not a city owned /maintained street so the City cannot require curb and gutter. He stated that he talked with Bill Carter of the Kane County Highway Department who stated that if and when curb and gutter ever goes on Big Timber Road, it will be done as a complete project, probably from Route 31 to North McLean Boulevard, or from Route 31 to Big Timber Road. Councilman Hansen asked if the proposed industrial park was within U -46 School `District. Charles Cassell stated it was. Councilman Waters made a motion, seconded by Councilwoman Nelson, to close the public hearing. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: ,_None. Councilman Schmidt made a motion, seconded by Councilman Waters, directing the Corporation Counsel to prepare a resolution authorizing execution of an annexa- tion agreement with Burnidge Brothers Industrial Park, Inc. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters ang Mayor Verbic, Nays: None. OF A SECOND Councilman Waters made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas; Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 202 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO AN ANNEXATION AGREEMENT (Valley Creek) WHEREAS, on September 28, 1978 the City of Elgin entered into an annexation agreement with the owners of record of certain real estate described in Exhibit A which is attached hereto and made a part hereof by reference; and WHEREAS, the parties find it necessary and desirable to amend said annexation agreement; and WHEREAS, a public hearing has been conducted concerning the proposed amendment to the above described annexation agreement; and WHEREAS, all hearings required by law have been held concerning the subject matter of the proposed amendment . to the annexation agreement; and WHEREAS, the City Council of the City of Elgin finds that the proposed amendment to the annexation agreement described above is in the best interest of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,:.ILLINOIS, that the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute a second amendment to an annexation agreement heretofore made by and between the City of Elgin and Valley Creek of Elgin, Inc., a Delaware Corporation, and Clarence D. Burnidge, Luella F. Burnidge, Alice Burnidge and Clarence D. Burnidge, Luella F. Burnidge, Alice Burnidge and The First National Bank of Elgin, as Trustees under the Last Will and Testament of Sidney G. Burnidge, Deceased, a copy of which is attached hereto and made a part hereof by reference. Presented: June 24, 1981 Adopted: June 24, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk s/ Richard L. Verbic Richard L. Verbic METERED II ®Ifftfi/.�-Irmi 0 Councilwoman Nelson made a motion,:seconded by Councilman Hansen, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 203 Ordinance No. VOLUME XLVI G31 -81 AN ORDINANCE REMOVING METERED PARKING ON DOUGLAS AVENUE, BOTH SIDES, FROM KIMBALL STREET TO NORTH STREET, AND ESTABLISHING THIRTY- MINUTE PARKING ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1,. That Title 11, Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, is hereby amended by deleting from the two -hour parking zone under Section 11.44..120, the following: Douglas Avenue, east and west side thereof, from Kimball Street to North Street. Section Z. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the list of thirty- minute parking zones under Section 11.36,082 the following: Douglas Avenue, both sides thereof, from Kimball Street to North Street. Section 3. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. sl Richard L. Verbic Richard L. Ver,ac, yor Presented: Passed: Vote: Yeas Recorded: Published: Attest: June 24, 1981 June 24,-1981 6 Nays 0 sl Nancy Roll ` Nancy Roll, Acting City Clerk "RESOLUTION ADOPTED CHANGING AND MODIFYING THE ROUTES m Jim Aydt, Acting City Manager, stated that this resolution would affect night service in Elgin by reducing the last run, which presently leaves downtown Elgin shortly after 9 :00 p.m., to the last run leaving shortly after 6:00 p.m. The staff recommended that the Council defer action on the changing of night service until'there is some clear indication of a shutdown of funding of transportation services by the RTA. x VoLLV% E XLVl 204 Councilwoman Nelson made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Councilman Kirklandstated that he intended to vote 'no' on the resolution and favored the staff's recommendation as to night service. He asked that the City staff put together some harder figures on the use of the night service. He also asked that the staff make some recommendations as to reductions. Mayor Verbic asked when the last train comes into Elgin. Ray Moller, Transportation Director, stated that the last train arrives just after 6:00 p.m. He stated that many times that train is late and in the past when the City did not operate after 6 :15 p.m. departure from downtown, the City would hold the buses over, which disrupted the transportation of other people who were not arriving on the trains. With the service structure the way it is, the published timetable is maintained and if the train is late, those individuals can catch the next bus. He stated that the heavy commuter peak arrival times is around 6:15 or 6:30 p.m. Ray Moller stated that 45 percent of the evening ridership occurred within the first hour. Jim Aydt stated that if the City were in a position of being fully responsible for the transportation service and fully funding the service, there are other areas besides night service that would be looked into as far as cost- effectiveness and most efficient type of service. If full funding is available from the RTA, and the Council wanted to continue all services that are contracted with the RTA, night service is one such service and rather than having ;a disruption effecting directly and only Elgin citizens for a very short period of time, the staff is recommending continuing that service. Mr. Aydt also stated that it takes about a year and a half for a route to mature, and as far as night service is concerned, we're still within that time period. Councilman Waters stated that he concurred with Councilman Kirkland as far as looking at the ridership and trying to give the most cost - effective service available, He felt that in this day and age when public transportation is critical to conservation that the City should be looking at ways of supporting this service rather than disrupting service. Councilman Waters suggested that the City go to the opposite extreme and promote the transportation service. Councilman Hansen stated that he was going to vote 'yes' on the resolution mainly because less than five percent of the riders are contributing 11 percent of the losses. He stated the City is getting less for its money in nighttime service than in prime time service. He felt that as long as the citizens of Elgin are now paying for this, he had an obligation to make City support dollars stretch as far as they can go. Mayor Verbic concurred with Councilman Hansen that the City Council should think in terms of the overall net result as far as a savings is concerned to the citizens of Elgin as long as the City is footing the bill at this point. Mayor Verbic stated that he has not seen that much use of the night service after the last train from Chicago. He thought the rest of the evening service could probably be provided through a dial -a -ride program. 205 VOLUME XLVI Councilman Kirkland stated that it wasn't cut- and -dry that the City will not be paid back from the RTA and presently the City is merely advancing the money to maintain the service. Ray Moller stated that the RTA has authority to levy a sales tax and currently that levy is still in existence, so money is coming into the system every day. His understanding is that if the RTA were to cease to exist, there are adequate funds to pay all the debts of the carriers and the agency. He also stated that his understanding is that whatever bail -out is initiated, they all include consideration for funding debts incurred while the RTA is in financial difficulty. Councilman Waters stated that he would favor a dial -a -ride program or a taxi, if that is more cost effective, but at this point that is not an option to be considered. He felt the system should have an opportunity to mature and the staff will be taking a look at that, and the Mayor's suggestions should be looked into as alternatives or options that might be more cost effective than what is being provided. Yeas: Councilmen Hansen, Nelson, Schmidt and Mayor Verbic. Nays: Councilmen Kirkland and Waters. Mayor Verbic stated that the City has received a letter from the Village of Carpentersville indicating financial support of $3,426 and Spring Hill Mall would pay the East and West Dundee portion of the Carpentersville commuter service and will be forward a check in the amount of $1,000. This would cover the operation of such service for a period of 30 days. Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance; Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. i F" RESOLUTION CHANGING AND MODIFYING THE ROUTES AND SCHEDULES FOR THE TRANSPORTATION OF PERSONS BY MOTOR VEHICLES BY EQUIPMENT AND FACILITIES OPERATED BY THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF ELGIN WHEREAS, the City of Elgin through its Department of Public Trans- portation, has heretofore by resolution established routes and schedules for the transportation of persons within and without the City of Elgin by motor vehicles operated by the said Department of Public Transporta- tion; and WHEREAS, Section 2.64.050 of Chapter 2.64 of the Elgin Municipal Code provides that the Department of Public Transportation shall operate local transportation systems for the transportation of persons within and without the corporate limits of the City of Elgin, upon routes and schedules as may from time to time be determined by resolution adopted by the City Council; and WHEREAS, the City of Elgin desires to change and modify the routes and schedules heretofore established by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That commencing July 4, 1981 regular motor bus trans- portation service shall be maintained and operated over, upon and along the following streets: DOUGLAS AVENUE ROUTE- (1) Douglas Avenue Route originates on west side of Grove Avenue facing south between Chicago Street and Highland Avenue, left on Chicago Street to Spring Street, left on Spring Street to Kimball Street, left on Kimball Street to Douglas Avenue, right on Douglas Avenue to Lovell Street (see 2 and 3), left on Lovell Street to Grove Avenue, right on Grove Avenue to Slade Avenue, right on Slade Avenue to Prospect Boulevard, left on Prospect Blvd. to Congdon Avenue, right on Congdon Avenue to Dundee Avenue, right on Dundee Avenue to Slade Avenue, right on Slade Avenue to Prospect Blvd., left on Prospect Blvd. to Summit Street, right on Summit Street to Grove Avenue (4), left on Grove Avenue to North Street, left on North Street to Douglas Avenue, right on Douglas Avenue to Highland Avenue, right on Highland Avenue to Grove Avenue, left on Grove Avenue to terminal. (2) From 9:15 A.M. thru 5 :45 P.M. bus operates right on Douglas Avenue to Slade Avenue, right on Slade Avenue to Prospect Boulevard, heft on Prospect Boulevard to Congdon Avenue, right on Congdon Avenue to Dundee Avenue, left on Dundee Avenue to entrance to K -Mart, right in K -Mart Parking Lot following parking lot around to left exiting via DOUGLAS AVENUE ROUTE (continued) Brandt Road, left on Brandt Road to Dundee Avenue, left on Dundee Avenue to Slade Avenue, right on Slade Avenue, resume regular route. (3) On 3:45 p.m. departure, right on Douglas Avenue to Slade Avenue, right on Slade Avenue to Prospect Boulevard, left on Prospect Boulevard to Congdon Avenue, right on Congdon Avenue to Dundee Avenue, left on Dundee to K- Mart, left on Brandt to Dundee Avenue, left on Dundee Avenue to Slade Avenue, right on Slade Avenue to Grove Avenue, left on Grove Avenue to D.C. Cook Publishing - wait until 4:05 p.m., left on Lovell Street to Douglas Avenue, right on Douglas Avenue to Highland Avenue, right on High- land Avenue to Grove Avenue, left on Grove Avenue to terminal. (Monday through Friday only). (4) On 3:15 p.m. and 4:15 p.m. departures - wait on Dundee and Slade until 3:33 p.m. and 4:33 p.m. right on Summit Street to Douglas Avenue, left on Douglas Avenue to Highland Avenue, right on Highland Avenue to Grove Avenue, left on Grove Avenue to terminal. DUNDEE AVENUE ROUTE (1) Dundee Avenue Route originates on west side of Grove Avenue facing south between Chicago Street and Highland Avenue, left on Chicago Street to Center Street, left on Center Street to Dundee Avenue to Slade Avenue, right on Slade Avenue to Liberty Street, left on Liberty Street to Dundee Avenue to Parkway Avenue, right on Parkway Avenue to Dakota Drive, right on Dakota Drive to Elma Avenue, left on Elma Avenue to Blackhawk Drive, right on Blackhawk Drive to Congdon, right on Congdon to Chippewa, left on Chippewa to Patricia, right on Patricia to Iroquois, right on Iroquois to Congdon, left on Congdon to Dundee, left on Dundee to Center to Highland, right on Highland Avenue to Grove, left on Grove Avenue to terminal. CHICAGO STREET ROUTE The Chicago Street Route originates on west side of Grove Avenue facing south between Chicago Street and Highland Avenue, left on Chicago Street to Bode Road, left on Bode Road to Highbury, left on Highbury to Waverly, left on Waverly to Borden, right on Borden to Stonehurst, right on Stonehurst to Bode, left on Bode to Poplar Creek, right on Poplar Creek to Chicago Street (Rt. 19), right on Chicago Street to Liberty, left on Liberty to Laurel, right on Laurel to Chapning, right on Channing to Chicago Street, left on Chicago Street to Center Street, right on Center Street to Highland, left on Highland to Grove, left on Grove Avenue to terminal. GROVE AVENUE ROUTE (1) Grove Avenue Route originates on west side of Grove Avenue facing south between Chicago Street and Highland Avenue, left on Ch icago Street to Spring Street, right on Spring Street to South Grove Avenue, left on South Grove Avenue to National Street, right on National Street to Tower Court (see 2), left on Tower Court through Watch Tower Apartments, to Bent Street to Grace Street, right on Grace Street to Dwight Street, left on Dwight Street to St. Charles Street, right on St. Charles Street to Elgin Avenue (see 3), left on Elgin Avenue to Illinois Avenue, left on Illinois Avenue to Bluff City Boulevard, left on Bluff City Boulevard to Liberty Street, right on Liberty Street to Jay Street, right on Jay Street to Lavoie Avenue, left GROVE AVENUE ROUTE - (continued) on Lavoie Avenue to Bent Street, right on Bent Street to Villa Street, right on Villa Street to Varsity Drive (see 4), left on Varsity Drive to Maroon Drive, right on Maroon Drive into Elgin High School lot and back out to Maroon Drive, right on Maroon Drive to Varsity Drive, left on Varsity to Villa Street, right on Villa Street to Sherman Avenue, left on Sherman Avenue to St. Charles Street, right on St. Charles Street to Villa Street, left on Villa Street to Center Street to Highland Avenue, left on Highland Avenue to Grove Avenue, left on Grove Avenue to terminal (see 5, 6 and 7). (2') Left on National Street to Raymond Street„ right on Raymond Street to Bent Street, left on Bent Street. to Grace Street, resume normal route. (3) The 6:10 A.M., 6:40 A.M. and 7:10 A.M. schedules operate St. Charles Street to Lee Wards Factory turning in factory parking lot to service factory employees entrance gate: and office employees entrance gate, exit parking lot and left on St. Charles Street to Elgin Avenue, right on Elgin Avenue, resume normal route. (4) The 6:10 A.M., 6:40 A.M. and 7:10 A.M. schedules operate left on Villa Street to Sherman Avenue, resume normal route. (5) Beginning with the 12:15 P.M. schedule and for the remainder of the day, the entire route is run in reverse. (6) The 2:45 P.M. schedule turns right on Willard Avenue and right on Bent Street, then continues to Elgin Avenue and St. Charles Street, left on St. Charles Street to Illinois Tool Works, leaving Illinois Tool Works at 3:03 P.M. to return to terminal via regular route. The 3 :45 p.m. schedule - same as 2:45 schedule except, goes to Lee Wards then returns to Raymond: Street and National Street - across National Street to Villa Street, left on Villa Street to Center Street to Highland Avenue, resume normal route. (7) No factory service on Saturday. PARK /SUMMIT ROUTE Park Summit Route originates on west side of Grove Avenue facing south between Chicago Street and Highland Avenue, left on Chicago Street to Center, left on Center Street to Park, right on Park to Hill, left on Hill to Summit, right on Summit to Hunter, right on Hunter to Waverly, right on Waverly to Summit, left on Summit to Hiawatha, right on Hiawatha to Martin, right on Martin to Chippewa, right on Chippewa to Jefferson, right on Jefferson to Preston, left on Preston to Summit, right on Summit to Liberty, left on Liberty to Park, right on Park to Center, left on Center to Highland, right on Highland to Grove, left on Grove to terminal. SOUTH STREET ROUTE (1) South Street Route originates on east side of Grove Avenue facing north between Chicago Street and Highland Avenue, left on Highland Avenue to State Street, left on State Street to Orange Street, right on Orange Street to Commonwealth, right on Commonwealth to South to Lillian, Lillian to McLean, SOUTH STREET ROUTE - (continued) left on McLean to Weld, right on Weld to Lyle, left on Lyle to South Street, right on South to Second, left on Second to Fleetwood, left on Fleetwood to McLean, left on McLean to Lillian,right on Lillian to South, South to Vine, right on Vine to Locust, left on Locust to State, left on State to Chicago Street, right on Chicago Street to Grove, left on Grove to terminal. WALNUT AVENUE ROUTE (1) Walnut Avenue Route originates on east side of Grove Avenue facing north between Chicago Street and Highland Avenue, left on Highland Avenue to Woodland, left on Woodland to West Chicago, right on W. Chicago to DuBois, left on DuBois to Van Street, right on Van to McLean, right on McLean to Larkin, left on Larkin to Jane Drive, left on Jane Drive to Pamela, right on Pamela to Kathleen, left on Kathleen to Main, left on Main to Town and Country Shopping Center, left on McLean to Carr, right on Carr to Wilcox, right on Wilcox to Walnut, left on Walnut to State Street, left on State to Chicago, right on Chicago to N. Grove, left on N. Grove to terminal. HIGHLAND AVENUE ROUTE (1) Highland Avenue Route originates on east side of Grove Avenue facing north between Chicago Street and Highland Avenue, left on Highland Avenue to Larkin Avenue, left on Larkin Avenue to McLean Boulevard, right on McLean Boulevard to Maple Lane, left on Maple Lane to Lyle Street, left on Lyle Street to Larkin Avenue, right on Larkin Avenue to Airlite Street, right on Airlite Street to entrance of St. Joseph Hospital, right, into and around circle drive, right on Airlite Street to Country Knoll Lane, right on Country Knoll Lane to Thomas More Drive, left on Thomas More Drive to Highland Avenue, right on Highland Avenue to McLean Boulevard, left on McLean Boulevard to Lawrence Avenue, right on Lawrence Avenue to State Street, right on State Street to West Chicago Street, left on West Chicago Street to ,North Grove Avenue, left on North Grove Avenue to terminal. WING PARK ROUTE (1) The Wing Park Route originates on the east side of North Grove Avenue facing north between Chicago Street and Highland Avenue, left on Highland Avenue to State Street, right on State Street to Ball Street, left on Ball Street to Crystal Avenue, right on Crystal Avenue to Wing Street, left on Wing Street to Garden Crescent Drive, right on Garden Crescent Drive to Royal Boulevard, right on Royal Boulevard to Abbott Drive, left on Abbott Drive to McLean Boulevard, left on McLean Boulevard to Mildred Avenue, right on Mildred Avenue to Mark Drive, right on Mark Drive to Ruth Drive, left on Ruth Drive to Royal Boulevard, left on Royal Boulevard to McLean Boulevard, right on McLean Boulevard to Wing Street, left on Wing Street to McClure Avenue, right on McClure Avenue to Highland Avenue, left on Highland Avenue to State Street, right on State Street to Chicago Street, left on Chicago Street to Grove Avenue, left on Grove Avenue to terminal. NORTH MC LEAN ROUTE North McLean route originates on North Lyle at Big Timber Road facing north, north on Lyle to Sheffield, right on Sheffield to Forest, Forest to Parkview, right on Parkview to Big Timber, right on Big Timber to Todd Farm Drive, right on Todd Farm Drive to McLean, left on McLean to Larkin, right on Larkin to Lyle, right on Lyle to Country Knoll, right on Country Knoll to Thomas More Drive, left on Thomas More to Highland, right on Highland to McLean, left on McLean to Big Timber, left on Big Timber to North Lyle, right on N. Lyle. SOUTH MC LEAN ROUTE South McLean route originates at Hawthorne and South (south), south on Hawthorne to Harvard, left on Harvard to Princeton, right on Princeton to Belmont Ct., left on Belmont Ct. to Belmont, left on Belmont to South, right on South to Renner, right on Renner to Berkley, left on Berkley to Second, right on Second'to Spartan, left on Spartan to McLean, left on McLean to Fleetwood, right on Fleetwood through Burnham Mill, (return to McLean,), right on McLean to Wing Street, right on Wing Street to Wing Park Blvd., right on Wing Park Blvd. to Highland, right on Highland to McLean, left on McLean to Weld, right on Weld to Lyle, left on Lyle to South, right on South to Hawthorne, left on Hawthorne. NORTH STATE STREET ROUTE (1) The North State Street Route originates on the east side of North Grove Avenue facing north between Chicago Street and Highland Avenue, left on Highland Avenue to North State Street, right on North State Street to West River Road, right on West River Road in Willow Lake Estates entrance, right into Willow Lake Estates to Parkwood Road, right on Parkwood Road to Lake Terrace Road, left on Lake Terrace Road to Bay View Road, left on Bay View Road to Candida Road, left on Candida Road to Tollview Road, left on Tollview Road to Willow Lake Estates exit, left from exit onto West River Road to North State Street, left on North State Street to West Chicago Street, left on West Chicago Street to Grove Avenue, left on Grove Avenue to bus terminal. (Service also to be extended to Elgin Oaks and Miller /Davis Industrial Parks). Section 2. A. Buses on the Chicago- Douglas- Dundee- Grove- Highland- Park /Summit- South - Walnut -Wing Park -North and South McLean Boulevard routes shall operate on a one -half hour schedule. The Wing Park- Highland- Walnut- South - Grove - Douglas- Dundee - Park /Summit- and Chicago route buses shall originate from the central terminal area at 6:00 A.M., 6:30 A.M., 7:00 A.M. 7:35 A.M. on weekdays only. The Wing Park- Highland- South - Walnut- Douglas- Grove - Chicago- Park /Summit and Dundee route buses shall originate from the central terminal area at fifteen (15') and forty -five (45) minutes after each hour from 8:15 A.M. to 6:15 P.M. on weekdays. The North Mc Lean Blvd. route bus shall originate from the Wing Park Plaza traveling north at 5:52 A.M., 6:22 A.M., 6:52 A.M., 7:22 A.M. and 8:01 A.M. and at 37 and 7 minutes after each hour from 8:37 A.M. to 6:37 P.M. on weekdays only. Section 2 (continued) The South McLean route originates at Hawthorne and South traveling south at 6:00 A.M., 6:25 A.M., 6:55 A.M., 7:25 A.M., 8:05 A.M. and at 40 minutes and 10 minutes after each hour from 8:40 A.M. to 6:40 P.M. on weekdays._,_ B. Saturday service on the Wing Park-Highland-Walnut-South-Chicago- Dundee-Grove-Park/Summit and Douglas bus routes shall operate between the hours of 7:15 a.m. through 5:45 p.m. with departures at fifteen (15) and forty -five (45) minutes after each hour. Saturday service on the North and South Mc Lean Blvd. bus route shall operate between the hours of 7:20 a.m. through 6:30 p.m. on a 30 minute schedule. C. The North State Street route buses will operate from the Grove Avenue bus terminal on Monday through Friday at 6:40 a.m. and 3:15 p.m. D. Buses which leave the terminal area for the last trip of the day shall operate their normal route until all passengers have been discharged. The bus will then be returned to the garage. Section 3. That extended service and tripper service shall be provided within the City as needed. Section 4. That inter -urban service shall be provided as contracted between the City of Elgin and various transportation agencies or municipal corporations. Section 5. That charter services shall be provided as contracted except that such service may not conflict with the above specified transit and inter -urban services. Section 6. That all routes and regular schedules heretofore establish- ed and in conflict with the above be, and in the same hereby are, repealed and in no further force and effect. Section 7. That the routes and regular resolution shall be in full force and effect modified or terminated by action of the City route and schedule changes necessary to prow conditions may be made by the Transportation of the City Manager. schedules set forth in this until such time as changed, Council, except that minor ide for changing street Department with the concurrence Section 8. That this resolution shall be in full force and effect from and after its passage as provided by law. s/ Richard L. Verbic Presented: June 24, 1981 Richard L. Verbic, Mayor Adopted: June 24, 1981 Vote: Yeas 4 Nays 2 Recorded: Attest: s / Nancy Roll Nancy Roll, Acting City Clerk Ordinance No. G30 -81 AN ORDINANCE ESTABLISHING FARES AND CHARGES FOR THE TRANSPORTATION OF PERSONS BY MOTOR VEHICLES BY EQUIPMENT AND FACILITIES OPERATED BY THE DEPARTMENT OF PUBLIC TRANSPORTATION OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the following schedule of fares for municipal bus service provided by the Department of Trans- portation of the City of Elgin: RTA Universal Transfer 35t (Students, Senior Citizens & Handicapped 15¢) Adults 45¢ Senior Citizens and Handicapped (with proper I.D.) 20¢ Students /Children 7 -11 20¢ Children age 6 and under (with fare paying passenger) Free RTA Transfer 35¢ Reduced Fare RTA Transfer 15¢ Fare Routes Within the City of Elgin Adult 45¢ Senior Citizens and Handicapped (with proper I.D.) 20¢ Students: 1. With Transportation Department Passes §t_uden& of high school age and below traveling to and from school between the hours of 6:15 a.m. and 6:00 p.m. 20¢ 2. With School District U -46 Passes Students of high school age and below traveling to and from school between' the hours of 6:15 a.m. and 6:00 p.m. Free Children from age 7 through age 11 20¢ Children age 6 years and younger (when accompanied by a fare paying passenger) Free Elgin Transfers Free RTA Universal Transfer 35t (Students, Senior Citizens & Handicapped 15¢) Adults 45¢ Senior Citizens and Handicapped (with proper I.D.) 20¢ Students /Children 7 -11 20¢ Children age 6 and under (with fare paying passenger) Free RTA Transfer 35¢ Reduced Fare RTA Transfer 15¢ 213 VOLUME XLVI Section 2. That only exact fares shall be accepted on all routes. Section 3. That Ordinances 644 -80 and f81 -6 be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after July 4, 1981, s/ Richard L. Verbic Richard T. Verbic, Mayor Presented: June 24, 1981 Passed: June 24, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: S/ Nancy Roll Nancy Roll, Acting City Clerk ON Councilman Kirkland made a motion, seconded by Councilman Waters,, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic;: Nays: None. t F P VOLUME XLVI 214 RESOLUTION ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS WHEREAS, Illinois Revised Statutes, 1979, Chapter 48, §39s -1, et seq. entitled, "AN ACT regulating the wages of laborers, mechanics, and other workmen employed in any public works by the State, county, city or any public body or any political subdivision or by any one under contract for public works." requires that any public body awarding any contract for public work, or otherwise undertaking any public works as defined herein shall ascertain the general prevailing hourly rate of wages for employees engaged in such work; and WHEREAS, said act further provides that if the public body desires that the Department of Labor ascertain the prevailing rate of wages, it shall notify the Department of Labor to ascertain the general prevailing wage rate; and WHEREAS, at the request of the City of Elgin the Department of Labor has determined the prevailing rate of wages for construction work in Cook and Kane Counties in the State of Illinois. NOW, THEREFORE,, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the determination of the prevailing wages as made by the Department of Labor, copies of which are attached hereto and made a part hereof by ,reference, are adopted by the City of Elgin. BE IT FURTHER RESOLVED that all contracts for public work of the City of Elgin shall include a stipulation to the effect that not less than the prevailing rate of wages as found by the Department of Labor shall be paid to all laborers, workmen and mechanics performing work under the contract. BE IT FURTHER RESOLVED that all contract bonds for public works shall include a provision to guarantee the faithful performance of the prevailing wage clause as provided by contract. BE IT FURTHER RESOLVED that a copy of the prevailing wage rate as esta- blished by the Department of Labor shall be publicly posted and kept:auail- able for inspection by any interested party. BE IT FURTHER RESOLVED that nothing herein contained shall be construed to apply to the prevailing hourly ,rate of wages in the locality for employ- ment other than public works construction as defined in the Act, and that the City Clerk be and she is hereby authorized to file a certified copy of this resolution with the Secretary of State. sl Richard L. Verbic yqr Presented: June 24, 1981 Adopted: June 24, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: S/ Nancy Roll Nancy Roll-, Acting:, City_C1erk 215 ORDINANCE PASSED AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR OPEN SP E VOLUME XLVI Councilman Waters made a motion, seconded by Councilwoman Nelson, to pass the aforementioned ordinance. Councilman Hansen stated that he had a problem with this type of acquisition, which is.a condemnation proceeding, because the City is acquiring this property for a use a long time in the future. He questioned if the Parks Department had a plan in the foreseeable future for the property, or funds set aside for;the property. Mayor Verbic stated that he thought it would not be possible to plan anything for the future without first acquiring the property. He said the City has for the last five or six years tried to acquire as much riverfront property as possible for future development. He said this acquisition will be made with the help of the county. Councilman Hansen stated that he did not favor denying the owners of the land use of their property for the next 20- 40 years with no apparent short -range or possibly even long -range benefit to the community. He stated he felt the City may be buying this property merely because the funds are available. Councilman Schmidt asked if the county will help maintain the property once it is acquired. Mayor Verbic stated that it would be the City's responsibility. Councilwoman Nelson stated she favored the City acquiring the property because she favored cleaning up the river and the river banks. Mr. Aydt stated that there are ten parcels of land involved in the riverfront acquisition, and only three are covered by the ordinance,. He stated that in order to proceed with the grant and receive the funds, the City must purchase all ten parcels. Councilman Schmidt stated he did not favor condemnation, but also expressed concern for the overall beautification of the City. Mr. Aydt stated that Federal Revenue Sharings Funds would be used to purchase the property. Councilman Hansen stated that if federal funds were not available, this ac- quisition would not even be considered because there would be other more important uses for the monies. He didn't feel condemnation is a vehicle that should be used lightly. He questioned where the fiords to maintain the property would come from. He didn't feel maintaining parks was a high - priority item among taxpayers. Councilman Kirkland stated that he felt this riverfront acquisition was visionary and shouldn't be looked at from a short -range point of view or from a bad economy point of view. Mayo :TerbiC stated wiat iie ivOked at u11S aCC{iiTS1t1On as a positive move. He asked that Phil Bennett bring a map to the next meeting showing all the acquisitions that the City has made on the riverfront to help visualize what is being accomplished. Yeas: Councilmen Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: Ordinance Noe G32 -81 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR OPEN SPACE WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to secure Fox River frontage for public open space use; and WHEREAS, in order to secure such Fox River frontage it is necessary to acquire certain property hereinafter legally described for municipal purposes•, and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, the acquisition of certain property for open space is within the government and affairs of the City of Elgin; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That it is hereby determined that certain riverfront property in the City of Elgin, Kane County, Illinois, hereinafter described, be acquired for such public open space purposes. Section 2, That it is hereby determined that it is necessary and desirable that the City of Elgin shall acquire title to and possession of the following described real property, which property is necessary, required and needed for the purpose of public open space use, lying wholly within the limits of the City of Elgin, to -wit: PARCEL 1 The Southerly 127.5 feet of Lot 14 of Carpenter's Fox River Addition in the City of Elgin, Kane County, Illinois. PARCEL 2 That part of Lot "C" of North Park Addition to Elgin lying Northerly of the Northerly line of the right of way of the Chicago and North Western Railway Company and West of a line drawn 198 feet East of and parallel with the West line of said Lot "C" in the City of Elgin, Kane County, Illinois, PARCEL 3 That part of Lot "B" of North Park Addition to Elgin, described as follows: Beginning at the intersection of a line that is 396 feet East of and parallel with the East line of Lot "D" in North Park Addition to Elgin, with the Northerly right of way lane of the Chicago and Northwestern Railway Company; thence Northeasterly along said Northerly right of way line, 121.58 feet; thence Northeasterly along said Northerly right of way 1 , .+..ne, being ailing a curve to the left having a radius of 3,377 feet and being tangent to the last described course, 250,63 feet to a point on a line 200.0 feet South- westerly of and parallel with the Northeasterly line of Lot 1 of 217 VOLUME XLVI Carpenter's Fox River Addition; thence Northwesterly along said parallel line, 101;05 feet to the Southeasterly shore line of the Fox River; thence Southwesterly along said Southeasterly shore line to a point on a line that is 396 feet East of and parallel with the East line of Lot "D" in North Park Addition to Elgin as aforesaiid; thence Southerly along said parallel line 40.84 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. Section 3. That Leo Nelson, City Manager of the City of Elgin, be and is hereby authorized, empowered and directed to negotiate for and on behalf of the City of Elgin with the owners of the above described real properties for the purchase thereof by the City of Elgin. Section 4. That the .City Manager be and is hereby authorized to offer the sum of $4,900 as and for compensation to the owner or owners of Parcel 1 of the above - described property; said offer shall beiin writing. Section 5. That the City Manager be and is hereby authorized to offer the sum of $3,500 as and for compensation to the owner or owners of Parcel 2 of the above - described property; said offer shall be in writing. Section 6. That the City Manager be and is hereby authorized to offer the sum of $20,000 as and for compensation to the owner or owners of Parcel 3 of the above- described property; said offer shall be in writing. Section 7. That in the event the City Manager is unable to agree with the owner or owners of said property as to compensation to be paid therefor, in accordance with the provisions of this ordinance, then title to and possession of said,property shall be acquired by the City of Elgin in accordance with the laws of eminent domain of the State of Illinois, and the Corporation Counsel is hereby authorized, empowered and directed to institute appropriate proceedings in any court of competent jurisdiction to acquire title to and possession of said property for the City of Elgin in accordance with the eminent domain laws of the State of Illinois. sZ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1981 Passed: June 24, 1981 Vote: Yeas 5 Nays 1 Recorded: Published: Attest -.. s/ Nancy Roll Nancy Roll, Actmg City Clerk Councilman Kirkland made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, VOLUME XLVI RESOLUTION 218 AUTHORIZING LICENSE AND PERMIT AGREEMENTS WITH THE CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY FOR THE CONSTRUCTION, MAINTENANCE AND USE OF A LIME SLUDGE PIPE WHEREAS, the City of Elgin desires to construct, maintain and use a lime sludge pipe to be located in part upon property owned by the Chicago and North Western Transportation Company; and WHEREAS, the Chicago and North Western Transportation Company is willing to grant to the City of Elgin a license and permit for such purposes upon certain conditions; and WHEREAS, it is in the best interest of the City of Elgin to enter into the proposed agreement for a license and permit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute a license agreement with the Chicago and North Western Transportation Company, a copy of which is attached hereto and made a part hereof by reference as Exhibit A, and a right of entry permit with the Chicago and North Western Transportation Company, a copy of which is attached hereto and made a part hereof by reference as Exhibit B, all for the purposes therein stated. Presented: June 24, 1981 Adopted: June 24, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk hyu®]� s/ Richard L. Verbic RICER L. Verb:Lc, Mayor ORDER NO. 3 IN Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 219 VOLUME XLVI RESOLUTION APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH W. F. WETZEL CONST. CORP. FOR LIFE SAFETY CODE WORK AT THE GREATER ELGIN SENIOR CENTER WHEREAS, the City of Elgin has heretofore entered into a contract with W, F, Wetzel Const. Corp.for life safety code work at the Greater Elgin Senior Center; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order .Number 3, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order Number 3, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic' Richard L. Verbic, Mayor Presented: June 24, 1981 Adopted; June 24, 1981 Vote: Yeas 6 Nays p Recorded: Attest: S/ Nancy Roll Nancy Roll, Acting City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OP KTL T OF DED M=N BL TREET Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned r solution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and tor Verbic. Nays: None. VOLUME XLVI 220 RESOLUTION AUTHORIZING EXECUTION OF A PLAT OF DEDICATION FOR A PUBLIC STREET WHEREAS, the City of Elgin, a municipal corporation, is the owner of the following legally described premises: That part of the Northwest quarter of the Southeast quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the intersection of East line of North Weston Avenue with the Southeasterly line of Larkin Avenue (U.S. Route 20); thence Southerly, along the East line of North Weston Avenue, a distance of 9.28 feet to a point onca line that is 9.0 feet Southeasterly of (measured at right angles thereto) and parallel with the South- easterly lane of Larkin Avenue (U.S. Route 20); thence North- easterly, along said parallel line, a distance of 240.0 feet; thence Southeasterly, a distance of 40.84 feet to a point on the West line of North Clifton Avenue thatl:s 27.0 feet Southeasterly of (measured at right angles thereto) the Southeasterly line of Larkin Avenue (U.S. Route 20); thence Northerly, along the West line of North Clifton Avenue a distance of 27.84 feet to the South- easterly line of Larkin Avenue (U.S. Route 20); thence South -- westerly, along said Southeasterly line, a distance 281.17 feet to the place of beginning. Being situated in the City of Elgin, Elgin Township, Kane County, Illinois. M1 WHEREAS, it is in the best interest of the City of Elgin to dedicate portion of said property for public street purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, are respectively authorized and directed to execute a plat of dedication for a public street dated June 10, 1981 by Alan M. Eck, a registered land surveyor, and bearing identification number D- 28189; a copy of which is attached and made a part hereof by reference. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said plat of dedication when executed by the appropriate officers to be recorded with the Recorder of Deeds of Kane County, Illinois. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 24, 1981 Adopted: June 24, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Nancy Roll Nancy Roll, Acting City Clerk 221 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Chamber of Commerce Duff $ Phelps, Speer Company University of Illinois William Sutt Estella Tatum Terrence Meyers VOLUME XLVI Cosponsorship of "Invest in America's Cities" Industrial Revenue Bonds for Modern Track Machinery, Inc. Officers Training Residential Rehabilitation Residential Rehabilitation Residential Rehabilitation $2,500.00 $2,500.00 $2,050.00 $2,714.27 $2,800.00 $3,214.36 Councilman Waters made a motion, seconded by Councilman Hansen, to approve the aforementioned payments. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. OF JULY 22, 1981 AS PUBLIC Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to set July 22, 1981 as the public hearing for the rescission of an annexation agree- ment. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenues Elgin Public Property and Recreation Board Minutes Cemetery Report for month of May Councilwoman Nelson made a motion, seconded by Councilman Hansen, to place the aforementioned reports on file. Councilman Schmidt questioned the cemetery report as to why regular man hours was down for 1981 year to date from 1980 and overtime hours was up from 1980. Mr. Aydt stated that during the past three weeks the management analyst has been at the cemetery to evaluate time for mowing and trimming. The City Manager will review the findings of the management analyst in the near future and make some recommendations. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. There being no further business to come before the Elgin City Council, Council- man Hansen made a motion, seconded by Councilwoman Nelson, to adjourn the meeting. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:15 p.m. Nancy Ro , Acting City C1erTc VOLUME XLVI July 8, 1981 222 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the held on July 8, 1981, at Hall. The meeting was c The Invocation was given Lutheran Church, and the man Kirkland. Council of the City of Elgin, Illinois, was 8:05 P.M., in the Council Chambers of City ailed to order by<Mayor Verbic. by Reverend Harold Ross of the Calvary Pledge of Allegiance was led by Council- ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent. None. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE JUNE 17, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to approve the June 17, 1981 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. MINUTES OF THE JUNE 24,_ 1981 COUNCIL MEETING APPROVED AS PUBLISHED , Councilman Waters made a motion, seconded by Councilman Schmidt, to approve the June 24, 1981 Council Minutes as published. Yew?.:-' Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waiters -antler Mayor Verbic. -Nays: -None. BID AWARDED FOR CUSTOM STOCK PAPER Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to award the' bid for custom stock paper to the low bidder, Elgin Paper Company, for $3695.10. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays:. None. RESOLUTION ADOPTED AUTHORIZING CHANGE ORDER 3 TO CONTRACT FOR LIME RESIDUE DISPOSAL FACILITY Councilman Schmidt made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 223 RESOLUTION - AUTHIRIZING CHANGE ORDER 3 TO CONTRACT FOR LIME RESIDUE DISPOSAL FACILITY VOLUME XLVI WHEREAS, the City of Elgin has heretofore entered into a contract with Valley Engineering Company for the construction of lime residue disposal facilities; and WHEREAS, it is necessary and desirable to effect certain changes in the improvement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order 3 on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference, to a certain contract between the City of Elgin and Valley Engineering Company for lime residue disposal facilities. Presented: July 8, 1981 Adopted: July 8, 1981 Vote: Yeas 7 Nays O Recorded: Attest: s/ Marie Yearmciii re: earman, City Clerk ORDINANCE s/ Richard Le Verbic Richard e ac. yor INIZING THE POLICE Attorney Van Richards stated, I represent the Elgin policemen- Benevolent Association as a group. There will be other speakers from the ranks of police, who will address you in opposition to the ordinance that you have before you tonight, but I will be speaking to you on behalf of the Benevolent Association. Prior to your considering my remarks, I.would hand out something that has not yet been furnished to you, which is a memorandum from the Public Services Employee Group; which was delivered to me today. I would initially like to read that into the record here; This is to the Elgin City Council from the Elgin Public Services Employees Group, concerning the proposed staff changes in the Elgin Police Department. VOLUME XLVI 224 _"At this time we would like to 'bring to your attention our support of the stand being taken by the Police Benevolent Association in opposition to the Proposal for Reorganization that was submitted to Leo Nelson in Chief Robert Baird's memo of February 10„ 1981. We,, as representatives of the Public Service, take heart in the support of the Benevolent Association and their attorney, Van R. Richards as they attempt to block your passage of a change that seems to be becoming a trend by City administration to eliminate an employee's right to seek equal and competitive promotion. We feel that each employee,_ be he or she 'a member of any of the various departments or divisions of the City, has the right, due to his extended service and work record to actively ;seek to better his job position by going through the existing channels of promotion. Our employee group has seen many of the upper level positions within our own, group fall from Civil Service - jurisdiction and become exempt positions. Public Works, • Parks, Golf, Water', Engineering, Construction, and Sewers have all had positions either eliminated or new positions created that has prohibited a member of our employee group from seeking those jobs. Ordinance have made exempt jobs of many that a person may have wished to actively compete for through the Civil Service channels. Indirect reference to the Police change, we feel that any such effort by Mr. Baird to reorganize is one that simply exhibits a further desire by the City to create -a very unhealthy politicized atmosphere that would allow Department heads to promote who they choose -, and not who may be best suited and duly in.line for the job. In summary, we would hope that you, as duly elected Council members, would consider the opinion that we present. Being the largest employee group of all City employees, we feel that our support of this issue (in seeking a no vote to this change) is one that should be respected. We strive to cooperate as a unit with the other employee groups so that all may engage: in the efficient operations of the City. It would be much to our displeasure if this proposal were to pass, Respectfully, Public Services Employees Group s/ Mike Pool Chairman Golf s/ Charles Blalark Public Works .s/ Hank Starr Water Treatment s/ Craig Dvorak Transportation s/ Vince Cannan Parking Meters s/ Dave Siljestrom Electrical s/ Jesse Jones .Engineering s/ Larry Schmoldt Streets sf Jim Aird' Water Meters s/ Elmer Waacker Garage s/ Angel. Ramos Sewer Division The above represent 110 employees in our Group, as the elected members of our Relations Committee." 225 VOLUME XLVI Attorney Richards further stated, you also have in front of you which 1 will not read a petition signed by over 80% of the police - men, with the exception that no policemen; was asked to sign a petition, who was a_- probationary policeman. In other words you have 94 members of the department, ten policemen have not completed their probationary period,. and are not subject to the provisions of the Police and Fire Act, the were not asked, but the petition represents.68 of the remaining 94. We did not solicit or ask for signatures from the Chief or the two deputy chiefs, but this petition which states, we the undersigned, permanent members of the Elgin Police Department, do hereby strongly object to adoption of the pending proposal for the complete reorganization of our department. Our opposition is to the destructive implication to the plan itself and the basic structure and moral.e,0t omr.- ;deparkment, and is not to be construed as opposition to those advocating its adoption. You also have in front of you a petition signed by 53 of the 63 members of Local 439 of the international Firefighters Association of the City of Elgin, also opposing the proposed ordinance. This is an extremely important issue, which effects not only the lives and future of some 94 men, or the future of men who will some day seek to become members of the Elgin Police Department, it also has far reaching implications concerning our government as far as the citizens of this community. We are not talking about private business or industry, we are talking about the most critical of services that this government furnishes. We are talking about public _safety and the public welfare furnished by the Police Department. This ordinance goes right to the heart of that, those of you of the Council I am sure are familiar basically with the provisions of the ordinance itself, G33 -81, what does it do and what was the situation beforehand. It creates a re- structur- ing, a radical re- structuring, of the rank structure, the provisions for promotion, the provisions for demotion of the Police Department. You are all familiar with the provisions of the Police and Fire Act to some extent. That Act had its outgrowth as an attempt by legislature and government to prevent the politizing of an essential service, such as police services. The Police and Fire Commission, consisting of three individuals, created by Statute, in which the Statute prohibits that all three belong to the same party. The purpose of that Statute is to acquire and secure merit promotion and standards for promotion or demotion or removal for cause. At the present time the situation is such that Commission, which is selected by an elected representative in effect is a representation of the people, not selected by the Manager or an appointed member, its selected by elective representatives of the government, selects the members initially of the Elgin Police Department, that is its first step. VOLUME XLVI 226 It also has the jurisdiction concerning removals of those who have acquired the one year period of probation. The present structure as you know allows the Board to promote to Sergeant and to Lieutenant; but one says that the Board has that selection that is not to say that there is not an imput from the Chief. In effect, the structure of it is now that there were 100 basic points concerning a promotion. Thirty of those points come from the Board's interview, thirty of the points come.from a standardized test, that test is designed by outside agencies and persons who have designed a test to seek out and elicit from the applicants the persons who would best be equipped to take the promoted positions. Thirty points come from the Chief himself in his interview, and then there are ten points for seniority, and there are military points awarded. What -this ordinance is going to,do is create a new rank of Captain, seven captains.. Those captains will be, picked from a pool of lieutenants. Every man who is a sergeant now will become what is known as ,a Lieutenant. 1, those who are lieutenants will become Lieutenant 11, so that there will be a pool. From that pool the highest supervisory office, which under the proposed plan would be 7 Captains who would be exempt from the application of the Police and Fire Act. In that, the proposed plan says the Chief, in your earlier minutes, the ordinance, I direct your attention to Section 3 which says not the Chief, the Chief of the Fire Department, the Chief, Deputy Chefs and Captains of the Police Department shall be appo- i,nted by the ,City Manager, and shall be subject to removal by the City Manager, and shall not be subject to the provisions of the Board of Fire and Police Commissioners Act So that the question of removal from the rank of Captain can be without cause, it can be strictly: at the discretion of.the Manager, as it presently reads. The promotion to that highest rank shall be strictly at the discretion of the Chief of Police, it shall not be subject to the provisions of the Police and Fire Act. If there is a reason for removal, there does'nt have to be .a reason for removal, if it does'nt go to the Board at all, so that a man under the proposed ordinance will have only ,a chance for one promotion within the department, which is governed by merit selection and by standards created, which are uniform by outside testing, and that is to the new rank of lieutenant, the rank of sergeant is of course abolished under the new ordinance. From that point, once he achieves that promotion, the Police and Fire Board will no longer have any say in that promotion or any demotion. Now what could the Chief do before. I have neglected to mention that under the present structure there is yet another rank which is under the power of the Chief of Police and that is of ,Senior Patrolmen, which may be appointed by the Chief, may be demoted by the Chief of Police, senior does'nt really mean senior its more or less a term of art one could be a senior patrolman if he is on one month, if the Chief says he is a senior patrolman. He wears an extra strip and he has that rank solely at the discretion of the Chief. 227 VOLUME XLVI At the present time the promotion structure is such that the Chief has those thirty points, which are really an integral part of the promotion procedure. There is no man who could acquire a promotion under the present structure if the Chief of Police did not wish him to acquire a promotion by reason of those points. By the same token when one says the Police and Fire Board makes the promotion thats only in 'terms of it having thie'ty points imput. The test is administered by an outside agency, covered by an outside agency, graded by an outside agency, it strictly an objective standard so we are really talking about an outside agency totally objective and unrelated, sending out a standardized test seeking excellence in the way of promotion. We are talking about a change which goes to many things, it goes to the question of moral, it goes to the question of money, it goes to the question incentive,, and all of those things of course go to the question of whether or not such a change is needed or is required. On the question of morale„ under the proposed plan we have this pool-of lieutenants some of these lieutenants were present lieutenants and some of them were sergeants before. In one of the few admissions of problems with the plan, l call your attention to what l- believe are significant remarks made by the author of the plan and that is found on the proposal which you i'nitally received entitled Proposal to Change the Rank Structure of the Elgin Police Department, and it addresses, although very, cursurily, the problem it points up something that I think is -very significant, and I quote from the author of the plan. t onversely an existing Police Lieutenant with the duties of -Watch Commander, who was not appointed to the exempt rank of Captain, could be assigned those duties as currently performed by Watch,-Sergeants, i.e. first line' supervision. This potentially problematic set of cercumstances may be neutralized by the facts that such persons will have retained their existing rank and salary range, thereby having been effected only by a change in their duties and responsi- bilities. If you take a man who is in a position of greater responsibility, of greater command, of greater authority, and you give him a job that demeans or lessens that,wha -t have you done to the pride of that man. You have created yet another demotion without cause, without a hearing, and without any recourse to the Police and Fire Act. It is essential that this department or any department have high morale,we are not talking about private industry, private industry would say that any executive can pick his own men, Vour are talking about money, but you are talking about government here and you can't compare apples and oranges, because you are talking about the public welfare and you are talking about public safety. VOLUME XLVI 228 in 1972 we had experts come in and do a study and one of the premises in their recommendations, when this outfit, Cresap, McCormick and Paget, made their on -site study, the focus, general recommendations for improvement, the focus of the department must become external and related to professional performance, rather than to internal affairs. I want to point out that what has already happened as a result of the proposal of this plan it has taken that focus and placed it inward. Why has it done that, because it has threatened the lives and careers, it has threatened the merit promotion of men who love this as ,a career. That can only hurt the performance of the department. We are talking about eighty per cent, excepting the exempt employees, of the men opposed to that, that in itself I submit is something that this Council, as the elected representatives of the people have to address, very seriously. This proposal Greats a serious change, the criticism that l address and that I believe most of the people who will address you to this plan, are addressed to the plan, not to Chief Baird, or not to Mr. Nelson, or not to the proponents, they are only men. We are talking about - something to go on in the future, after all of us are gone here. We are talking about a structure, we are not 'talking about private industry, we are talking about government and we area government of laws, not of men. We have certain safeguards because we are talking about public welfare and moral, and public protection. I ask you to ask yourself is it a good thing to have the seven key, top men in the department, that.is the seven Captains, subject to the removal of the Chief. Their pay, their job solely dependent upon one man. All seven of those men are subject to removal without cause,- strictly by the action of the Chief of Police. Is. that conducive to objective imput into the structure and improvement of the department, or where their job is solely subject to the actions of the executive. All those appointments might be the best in the world in a specific case, we are talking about a system though which we want to protect against future abuses, we want safeguards such as the Police and Fire Act insures. I have tried to address you with what I believe are the key drawbacks to the plan in terms of what it will do to the future of this department. It creates a possibility of politics, and should'nt we avoid even the possibility of politicizing something as significant and important as this police department. I would ask you to consider these factors very carefully, don't think there was adequate debate when this first came in front of you, this is the first that persons in opposition have had an opportunity to come and speak to 229 VOLUME X'LV you concerning this plan, but what you do is extremely important. Remember change is not necessarily progress and I hope you will keep these factors in mind when you review this ordinance, because the devastating blow to the morale and the emasculation of the Police and Fire Act would seem to warrant that you vote against it. I ask that you give the rest of the speakers the same attention, the courtesy that you have given me. I thank you for hearing me out and I' appreciate your time. Attorney Ben Rifken stated, there is a great division of philosophy here as to how city government should be run and as my good friend Dr. Rogers says how good it is for brethren to pray together, may I say to you how good it is for free americans to think together. I would like to talk to 'you about thinking together with me as to what really is at issue here. When you have an issue as deep as this one is it should be devoid of personalities. I have the utmost respect for Chief Baird and Leo Nelson and the conduct of the affairs of this community, but there is a great division here with respect to the proposed ordinance. Lets take the position of_a young man who joins the police force, and he has all the dreams of advancement, he goes to all the schools, he has a true feeling of being a professional policeman, he is proud of that profession, and he does all of the things that are required of him. Now.l am not talking about Mr. Nelson being Manager, I am not talking about Chief Baird, ,I am talking about in the future because you are dealing with the future, with the decisionssyou have to make. Lets say for example, that this young man gets into that pool and he is thinking that he is ready for advancement. He has done his work and for some reason there is a personality clash, or you might have the peter complex that you find in corporations, where the boss man above you is afraid that you are going to get his job, so he puts you down and he does'nt put you up there. So then that man would go to whom, under this ordinance as proposed. We are now dealing with a rather important function. It would seem to me if I had the opportunity of sitting in the position that you people do, of thinking this thing out sincerely and honestly, what is good for the Chief, whoever he may be, what is good for the Manager, whoever he may be, what is good for the policemen them- selves, and there is more at issue here than just what the policemen want, they should not govern this particular decision, its whats best for the City of Elgin that is important, thats what we are here fora Now you can say well we can try it for a couple of years and see what happens. That is not the way to govern in my opinion, because there wi'Ti`be,,.eproblems down the line, we have elections every two years, we do no' 'h-aVe to make this another campaign issue, Elgin can't stand it. We have other problems, we have problems of decreased sales revenue, we have problems with the vigor of our downtown district, we have problems of all kinds of taxation, we have problems of the decrease of federal funds, we don't need this. VOLUME XLVI 230 We don't have to stimulate our employees to go out an become more vigorous in their unionization platforms. We don't have to have them become antagonistic to their bosses. I am suggesting very strongly that.before you accept this, before you make an immediate decision,that you investigate, there should be some way of solving this without getting everybody so aroused. If we can't settle this as fellow neighbors, knowing each other as we do, good people sitting down and finding out, give "and take, what it takes to fix this up, and by that I don't mean to say that Chief Baird should be deprived of his 'right to run. his department, he should run his department, I would expect that of him, and 1 -would expect the City Manager to have his finger on it too. However, here is where we differ, if the system is provided by .this ordinance still want a loophole, I still want someone that aggrieved person can go to beside his boss, the Chief, and the City Manager, the man who has ultimate control under the system which we operate on. There has to be a loop -hol.e of going- to someone,,there has to be .a sounding board. You have some intelligent men sitting here as members of the Police and Fire Board, I don't know what they would be sitting for if this ordinance is passed. They would be picking up the initial personnel, making tests forsthe patrolmen, and then have -the pool, and have nothing to say at all about promotions from that time on, after they have watched the progress of people that they have brought into the force, and then have nothing to say about whether that particular person is qualified to go on, thats like raising a child and having.hothi.ng "to s,ay about their future. ,. The greatest security against gradual- concentration consists in giving to administers the. necessary means and personal motivation to resist encroachment of the others. In other words to keep the thing'a fair deal. If men were angels no government would be necessary, if angels were to _govern controls of government would not be necessary, but men are not angels and once you place power in the hands of an individual, the policy of supplying opposite and rival interest must be the form of checks and balances, there has. to be checks and balances, there are no checks and balances in_this ordinance. I am saying to you seriously, I am not speaking on behalf of the police, they can take care of themselves through Mr. Richards, but I am, saying to you as a citizen of Elgin., giver good heed to my suggestions that you think a little bit, consider it, talk to the various people who are here and find, out if this cannot be worked out in a form whereby there will be recourse other than the Chief of Police; Thank you for your t :ime. Robert Bayler, Chairman of the Police and Fire Board stated, I have a resolution and then the rational behind the resolution, which I have prepared to read on behalf of a decision by the Board of Police and Fire Commission, and following my reading of the resolution and the - rational l will share a copy with each one of you for your own files and for your own further consideration. 231 VOLUME XLVI "Whereas, the Board of Fire.and Police Commissioners of the City of Elgin is a.duly appointed body of the City Council, and, Whereas, the Commission has statutory responsibility on behalf of the City to test,_ evatuat "e and establish eligibility lists for the various ranks of officers on the %Fire and Police Department, and; Whereas, the Commission has discussed the proposed "Reorganization" plan with Chief Baird and Deputy Chief Heine at a regular meeting of the Board in June, and; Whereas, the Commission has received 'a significant amount of input from both the fire and police officers at the Board's regular meeting on July 7th, _.and; Whereas, the Commission has carefully reviewed and re- reviewed the reorganizational proposal both individually and as a Board on numerous occasions, and, Whereas, the Commission recognizes the responsibility of the City Council to establish policy and enact ordinances for the orderly operation of the City of Elgin, therefore be it Resolved, that the Board of Fire and Police Commissions encourages the City Council to oppose the enactment of Ordinance No. G33 -81 for the following reasons: to A substantial human relations problem has developed . around the proposed Ordinance. At its June meeting, the Commission was given the impression that a "significant number" of the officers were in support of the proposed plan for reorganization. However, as of this date, the Commission has seen the signatures of at least 76 police officers which is 80 per cent of the staff of the Police Department, in opposition to the reorganizati'onal plan. The Board of Fire and Police Commissioners views the substantial number of officers in opposition to the plan as a clue to the City Council, the management of the department and the City of a human relations problem of substantial magnitude which will not disappear. In fact, the Commission views the human relations impact of the 'proposed Ordinance, if enacted, as minimizing the anticipated gains of management flexibility `and ' economic savings. 2. The proposed enactment of Ordinance No. G33 -81 is clouded by a weighty perception problem. In the management of staff or the marketing of a product, many times the perception of `a proposal or a product has greater influence or impact than the idea or item itself. The perceptual problem you are dealing with, if this ordinance is enacted, is that the delicate balance between the officer initiative, the department assessment and the Board of Fire and Police Commissioners evaluation in the promotional process is being tipped in favor of the management side of the scale. Although the officers have been given some assurance that this is not the intent, for whatever reason the officers continue to perceive the situation differently. They frankly see it as an attempt to further politicize the department in favor of manage- ment. The Board of Fire and Police Commissioners believes this perception has not been adequately considered to their knowledge. One can off - handedly declare it is a misperception. Yet, all my years of experience in pastoral counselling and in management tells me a lot of cussing and discussing with an educational process in VOLUME XLVI 232 mind needs to occur before the perception that city management is tipping a delicate scale of the promotional cycle in its favor to the detriment of the officers. It gives a strong impression that citizen input via the Board is being down-graded. 3• The proposal for reorganization states an apparent advantage of some dollar savings. However, the dollars saved in the short run are modest in view of the total budgetary expenditures of the Police Department. In fact, the Commission has not seen any long range financial impact statement on the possible added costs of this change. Our impression is that the Lieutenant I and II positions plus the creation of the exempt captain's position will add significant dollars to the budget of the Police Department overtime. It appears to us that the immediate modest dollar .savings with a potential of spending significant dollars in the future does not support the massive reorgani'zational change proposed in the ordinance.. 4. The proposed ordinance and the structural changes for its implementation raise questions in the sensitive area of internal investigations. One function of internal investigation is dealing with citizen complaints about the'manner in which officers conduct themselves. The Board has always encouraged the department to investigate complaints received from citizens via the Board. The structural changes include internal investigation within the same program areas as training and personnel:. It appears to us that internal investigative programming would function more adequately if separated from personnel. There is' also an inherent danger in permitting organizations with paramilitary structures greater freedom from citizen input when it comes to exercising control over'matters to be investigated internally. The "good old boys" syndrome tends to set in; that is, you take care of me and I'll protect you.. Increasing exempt positions which deal with sensitive internal investigative matters' outside the input of the Board of Fire and Police Commissioners is a' critical issue.. The "good old boy" game is too great a temptation which is difficult for most of us to resist. This is especially true of civil servants who must deal with the pressures of a citizenry: which suspects the accountability of public administrators. Citizens in `a minority status are most'likely subject to a potential abuse of force. The structural compromise of'the integrity of the function of internal investigation should alert you to question the adequacy of the proposed restructuring. 5. The proposed ordinance may have a negative effect on 'a person's desire for advancement. The new plan eliminates the sergeant position where an officer can test and feel he /she has a chance 'tb have some direct/visible input on their potential promotion. The creation of the exempt captain's position removes from an officer the direct /visible /measureable` control in the promotional process.' It also removes from the officer a 'sense that an inde- pendent board, free of managerial influence or bias, could exercise some sense of justice in the process of promotion. It is our sense as a Board, that the tampering with the possible feeling of justice and independent judgment by this ordinance is viewed by many officers as the beginning of a series of steps to cut back the input of the Board in the promotional cycle. It appears to be the judgment of the officers that the Board is not 233 VOLUME XLVI always right but at least it attempts to be fair, just and frank in its deliberations. They seem to be saying there is neither protection f` nor justice in.the creation of the exempt positions and the removal of the sergeants' positions. They seem to feel all promotional ranks should be under the scrutiny of the Board. 6. The Board of Fire and Police Commissioners was initially asked to lend its support to this proposed ordinance by management. It was our intention to listen to all points of view and yet stay out of the battle. However, after much discussion, we thought you needed to hear our studied opinion of the proposed organizational changes in the Elgin Police Department. The changes would appear to give greater appointment/ promotional powers to the Chief's and /or the City Manager's position. It appears that the change would seemingly allow for speedier changes within the department through the Chief's appointment power. ft also gives the impression of saving minimal dollars in the short run. These appear to be its only advantages. It is the Commissioner's studied opinion that the long - range disadvantages; namely, potential long -range increased cost due to higher rank positions dollar benefits in the competitive market, the present and continuting perceptual problem of a gradual shiftying,of the delicate balance,of the promotional cycle power in favor of management, the substantial human relations problem generated by an apparent mishandling of the presentation of the proposal, the possible compromising of the internal investigation functions within the department, and the potential challenge, in officer incentive to self - improvement since they see only one promotional position ;available to them in the new structure where they have any marginal control. Therefore, it is the Commissioner's opinion that this organizational restructuring proposal should be defeated in its present form.. 'We would be willing to participate in discussions that might lead to a proposal that had less negative and demoralizing impacts` on a substantial number of personnel in both the police and the fire departments. On latest count of personnel in opposition to this proposed Ordinance G33 -81 is now at 129.. Frankly, for all the tea in_China_I do not see much light coming out of the potential dark tunnel which some intend us all to walk into." Roger Rathjen of 535 S. Third Street, Dundee, stated, for more than 11 years 1 have been a policeman for the City of Elgin and l would like to voice my opinion on this proposed change within the Police Department. am opposed to this plan as most members of the Police Department are, and I would like to express some of my reasons. The rank of Police Captain could become a political appointment. This may not happen immediately but it could easily occur in the years to come. We could see police officers being promoted by the use of his political strength. Also that officer could be demoted because the political climate might change and he might find himself without political support. The separation of police from politics should be the goal of every concerned citizen. In fact, the creation of the Police and Fire Board was designed to hire and promote officers on ability with the absence of local influence. Under this proposed plan a Police Captain could be removed from the department without a hearing and without just cause being shown.' Historically, public service occupat; nS such a tenure teaCherS, people serving in the armed forces and the fire and police positions have had the benefit of job security. Better working conditions, hours VOLUME XLVI 234 and salaries have always been goals of those in public service. However, job security.has always been balanced againstcthese goals, and job security does not mean that a dishonest or non - productive person could remain at his job, but the proof of these charges should be shown. I believe that everyone should enter a profession that is worthwhile and that they should strive to go beyond the minimum expected of them, but that his promotion should be made on his own merits and skills and not on some politica.l support that he might have. Also the morale of this department is.going to be effected by the plan. Please believe me that police morale is a very important factor in police service. Patrolmen are the ones who serve and meet the public day to day, their attitudes and concerns about their jobs will reflect in their performance with the public. The people of Elgin will not benefit from an unhappy Police Department. I think we have one of the finest Police Departments in the State and I wish to see the services given to the people remain at this high level 1 -also have doubts about the ability of this plan to work. However, l have limited experience in police management, although others within the department have expressed serious doubts concerning the workability of this plan. In conclusio "n for the reasons of politics, job security and the morale of the department I urge this City Council to reject this plan in the interest of the Police Department and the people of Elgin. Thank you.' David Ding "el`of 1450 Plymouth Lane stated, I oppose the reorgani- zation plan for several reasons, I am afraid that this proposal is based on a business principal that is perhaps not appropriate in the field of policing. Police are expected to serve the public, we are expected to serve the public fairly, without bias or prejudice. Police are not mandated to produce a profit as you would in business, the police are not mandated to produce arrest as you would produce a product With this proposal the former testing procedure enjoyed with the Fire and Police Commission will be abolished and the Captain appointments will be made by the City Manager without a formal testing procedure. The proposed system creates greater opportunity for police or city politics to enter into Captain appointments. The proposed system creates potential morale difficulties if appointments are made without cause, or appear to be made without cause, .because of political affiliation or friendship, or'a past indebtedness. The proposed system creates -a morale problem in the area of police internal investigations. The appointed Captain lheading-this.tinvestigation if he were to ask for disciplinary action or removal from the department of a fellow officer could potentially have a very difficult time if he were demoted from the appointed rank of Captain, when he would return back to his former permanent rank. The potential abuse in the police internal investigation area is unlimited. Frankly l am suprised at the sudden need for reorganization, l.have always heard our Chief, people in the community who were happy with the way our present Police Department was operated and, I personally do 235 VOLUME XLVI not see the need for reorganization within our Police Department at this time. I hope that the Council recognizes that the citizens want fairness from the police officers, they want the appearance of fairness from the police officers and we are dealing with them. I -hope that you will oppose this reorganization. Thank you. Mark Hannell of 1613 Sheffield Court stated, 1 am a sergeant on your police department here in Elgin. I am not a public speaker, I am however an officer down on the street everyday between the citizens of this community and the criminal element that exists here, and.w.ith that in mind l would just like briefly to bring to your attention some of the points which 1, think are important in this issue. To begin with the proposed reorganization, as was originally proposed to the City Council, indicates the reduction in the uniform staff posit -ions from 5 to 3 and a reassignment of those duties. I feel that those duties are far too heavy to be taken on by 3 rather than 5 officers. In that same proposed reorgani- zationit states substantial cost savings in personal services, which would amount to $8,838.00, and 1 wouTd submit to you that is approximately one -half of one per cent of the amount of money that is spent on police salaries. Its termed as a substantial savings, I would'nt think that one -half of one per cent of what we spend on salaries is very substantial. It indicates that the reduction of staff and re- assignment to line duty where there is an urgent need for officers really is incorrect. Its impossible for us: to decrease our .personnel in any area of the department as it exists today. We- cannot decrease our personnel without having it corresponddn§�� decrease in services. in regard to the change in rank structure, it grants the Chief of Police a broader rank appointment or reduction. I submit to you that rank appointment is too easily influenced by personal bites, by political influence, or by favoritism. >.Noneo6f whichl►'feel we need in our Police Department. It states that it extends beyond the limits, of the Police and Fire Board.. However, the Police and Fire Board was established to'-take the political influences out of the appointment of police officers and the advancement of police off- icers. We are a.modern police department, I don't think we should take a step backwards by trimming back their authorities in promotion. The exempt are an appointed rank of Captain, its a new creation, however, l think that the rank of Captain is too easily influenced by those personal bias', political influences or favoritism, and may be abused in the future. I feel that the proposed ordinance narrows the opportunity for career development for any officer entering the Elgin Police Department. I would think that our department subscribes to accepted management practices that I have had the opportunity to - learn through a number of schools and through training sessions, and I don't think that the proposed VOLUME XLVI 236 restructuring of the department is in accord with those management practices as l have received them in those schools. I do not have an objection in theory to the restructuring of the department. However, I do have a very serious objection to the reality of what can come out of this restructuring, and I would make that comparison by submitting to you that the theory of the RTA is a very good correlation to what may be the theory and reality of what we have here. Thank you. James Kelly,of 409 Hill Street stated, I am a patrolman for the City of Elgin, tonight myself:and my fellow officers have 'put in effect our careers in your hands. It takes a -lot of guts to stand up, especially in our position, and fight for what we believe in. Our present system provides a certain amount of checks and.ba.lances that assures the citizenry 'of -Elgin that there will be swift and fair justice for any police officer who has done any type of wrong doing within the department, and within the laws of the State of Illinois, It gives us and our families a certain sense of security, provides us with an equal opportunity for advancement within the department. No officer under the present system can be denied a hearing in front of the Police and Fire Board. The new system takes a promotable rank away from us, the patrolman', it provides for no checks and balances within the highest ranking positions of our police department. It can demote :a' person and ruin a career without even giving a reason for it to that individual, it allows him no chance for recourse at all. Ladies and gentlemen our system of justice providers the worst criminals with a chance for recourse, but the system you are`. being asked to approve does not afford the police officer with the basic right that is given every person in the United States whether he is a citizen or not. We have shown you that the overwhelming majority of your police and fire departments don't want this program. We feel our morale would be greatly effected by it, �We :.,urge you to allow us to continue our dedicated service to the community with our present system, which gives the citizens of Elgin,ourselves and our families the security we need to work in. Thank you. Dennis Ahrens of 367 Sexauer stated, -I'am a Captain on the Elgin Fire Department. So far this plan has not reached the Fire* Department, we believe it will be in the Fire Department before long, we are led to believe this. We don't like it, if for nothing else under the Constitution the First Amendment gives us freedom of speech. I would not want to come to work knowing that if I disagreed with my Fire Chief today that I could be back on the tail-board tomorrow. We are very;Jzapp y in the Fire Department to be able to sit down and discuss any ideas or problems with our Fire Chief and know that we are not going to be demoted tomorrow morning because we don't agree with him. don't believe that you can expect miens to go out an dG their job with this constantly hanging over their head that if they don't talk just right they are going to be demoted. I don't believe 237 VOLUME XLVI you can ask people to do that and then expect them to do a good job for the salary that you are paying us, 1 don't think it is possible. There is another thing it can do under your plan, being also on the Board of Directors of the City's Employee:Credit Union, this plan can give a policeman or fireman a very bad sense of nice security, but its false. Money is tight, we are going through a sales tax problem at this time, if you were a patrolman or fireman out on the street and you are just making ends meet and all of a sudden your old car goes to pot you don't have the money to fix it. So now you are suddenly promoted to a higher rank, and now you have the one hundred dollars a month coming in that you can afford to buy a new used car, and if you were to go out and borrow $3,000 you are not going to get much, but what happens if you depend upon this one hundred dollars per month, raise, or whatever it may be, three months later you disagree with the Chief and you are demoted. Now what do you do, you don't have, this money coming in to make'' your payments, what does that do, that makes the City of Elgin look bad. You don't want that, we don't want that I cannot speak, for the Fire Chief, I can only speak for myself, you saw the petition from the International Association of Firefighters Local 439, all 1 can say I stcongfyuurge °,you to oppose this ordinance. Thank you. William Werst,of 2245 South Street stated, this evening we have heard from two eloquent attorneys and members of the Fire Department and Police Department. I came on my own behalf as a. private citizen of the City of Elgin. This particular issue that we are dealing with this evening will place a very heavy responsibility on the shoulders of our Police Department in the everyday actions that they have to take in dealing with the people and the public; think it would be an unfair burden to place them under the whims of additional individuals rather than as Mr. Richards and Mr. Rifken have mentioned without the proper checks and balances. This system has been tried before in other communities and has made a shambles of the police departments, it has made shambles of the fire departments where it has been tried. One instance of which l have record is a town called Sidney, Ohio, the same kind of situation was installed there where instead of the sergeantts position being done away with, the corporal's position was done away with.. I talked with the Acting Police Chief at that time and he said that the police department has not recovered since that was done. An additional item to that particular situation was that when the Police and the Fire Chief left, they put the former Police Chief over both the Police Department and the Fire Department, doing away with the Police Chief and the Fire Chief and forming a public safety department. VOLUME XLVI 238 I think that if we start here with the Police Department, we can look for _a similar change for the Fire Department. All of you are aware of certain letters that have been passed around that I am sure that you have received on behaIf of the neighbors in my area I will submit some additional letters to you of concerned citizens and we would also like to see that this particular ordinance be defeated. Thank you. John Reden stated, I will probably be one of the most junior members of Police Department to speak to you tonight, most of these people who have spoke to you tonight are seniors to me. I would just like you to know I oppose this very strongly. I am what you would call a rookie, but I look around and I see what is going on. I see this as a very poor, very unsafe, situation that can happen to the police department here. This is not going to better us at all. I feel sorry thatu he`Chief, and who ever else is behind this decided to propose this :situation and not come to us and say what can we do to strengthen our ranks instead of just saying we should restructure and forget everything that we have now. I support very strongly what the patrolmen have said and everyone else who has said that this thing should be voted down. Thank you. Jack'Moorhouse of 688 Chester stated, I am a firefighter for the City of Elgin and in looking around and listening to the illustrious people that we have heard from tonight, I cannot add anything significantly different than what has gone before. I would like to lend my small weight in opposition of this measu•oe as being something that would cheapen the services of our _Police Department, when if anything, we need better and bettter services from them. You really have to want to be a police officer, you must want to do the job to be one. I have seen some of the same bar fights that Mr. Dingel talked about, from the same vantage point and from.a firefighter's standpoint, I can say at least a fire has never shot back at me, or tried to belt me, or generally_ abuse me. These people have to put up with a lot.In the objective of 'carrying out of their duties I don't believe they can give their full weight and concentration to their duties if they must constantly be focusing inward, as we heard before, on whats going to happen tomorrow if they do something that is not going to be agreeable to the powers that be, whoever that may be at the time. We are, as other members have said before, looking to the future and looking for progress. I cannot help but feel that we are not progressing by passing this particular piece of legislation and l would urge you all to oppose it. Ken Henryson of 41 North Belmont stated, 1, am really not here representing anybody, but I am a member of the Elgin Fire Department. Reorganization in the Police Department and Fire Department, in any department, that benefits the community and the City of Elgin, is good. We have many departments ;n Elgin, the 239 VOLUME XLVI Fire Department is one that I am familiar with. we did recently undergo an reorganization, and the one thing that I saw in our Department, and went through. I have'nt seen a change in the Police Department, if it has taken place I stand to be corrected. The reorganization of our department was reorganized with what the Board of Fire and Police Commissioners, the heads of the department and that basically considered to be the best knowledgeable people to deal with the Fire Department. Our reorganization took place, not because the man "that was in charge, the Chief, said this is the way we are going to do it, but he put it out to the staff members, he put it out to the department and said we do have problems, and many members of the Fire - Department said we know we have problems, lets try to correct them. So the Fire Department basically went on its own program of reorganization anal- ..within the department itself came up with something that we believe is definitely good for the Fire Department,,however, we feel that it is a greater tool for the citizens of 'Elgin because it provides them better service, it provides them with future opportunities of this Fire Department, carrying'itself and progressing, and its not field back by one or two individuals. I know that we are talking about promotions, believe me l know what it is not to get promoted, "I am a Captain on the Fire :.Department," but sometimes you have to sit back and look at the whole picture and what really benefits the citizens of Elgin.. The only thing that I would like to say, I am not trying,to waive flags., I am not trying to do anything else, but I personally believe that when you get a good program thafis put out by the department, so that the depa- rtment t feels that it is moving ahead, and not by one man, then the promotion of one individual is not that important. l believe that when the department itself develops a program that will surely benefit the citizens of Elgin, and that is what I would like to point out to you. don't wants to ask you to vote for anything, l don't want to ask you not to vote for anything, I just want you to think about the Police Department and 'the people who comprise what the Police Department Its. There are men who have been on there for a very short period of time and there are men who have been on there for a long period of time, twenty, twenty -five or thirty years, its a long time to be associated with one place of employment, and a person picks up a great deal of expertise in that area. If you as City Council are not interested in what the total Police Department feels is the best department, then I personally don't feel that the citizens of Elgin ,are going to benefit from it. Thank you. Chief Baird stated, 1 "can't help but reminiscence and I am sure that you will allow me that privilege,, as a boy it was always my ambition to be an attorney, and I never really fulf "[fled " that ambition, obviously I am not a member of the bar. So when 1 am in the company of learned counsel, Ben Rifken and Van Richards, whether l am with you singularly or whetber I am with you together I can 'assure you it is my privilege. Always wanted to be a FBI agent that was a secondary goal, but I will have to suffice to say that,l am more than happy to .have settled for being the sheriff of a county in Wisconsin for eight years and serving nineteen years with that agency, and where you are sensitive to the electorate when you hold VOLUME XLVI 240 that position and then more especially in recent years the past nine and one -half, l have been given the privilege, the distinct privilege, of serving as the Chief of Police for the City of Elgin. Where I have had the additional, privilege of working under Council - Manager Mayoral form of government and have worked with a number of Councilmen and Councilwomen -, present and past, I have grown from the experience. Now we talk of politicizing of the Chief's appointments, I just want to put that into perspective. I call that a misnomer, if you will, the politicizing is not the right word. The very make -up of the Fire and Police Commission, which Counsel Richards went into elaboratly, is made up of partisan members. The Statute states that two of the three members must be from the majority party and one of the members must be from the minority party, so that way we have the influx of politics, if you will, now I don't consider that word politics or politician in a derogatory sense, not in the least. To amplify on this partisan board they in turn are appointed by another elected board, by the advice and consent of Council and then they are Mayoral appointments. Now there has been talk of a emasculation to quote Counsel for the abolishment of the Fire and Police Commission. Now this is erroneous, this is a created issue by Counsel and others to sidetrack, this is clouding the issue. I.can assure you, l can assure everyone in the audience, I can assure the members of our department, I can assure the,fire and policemen, that it is not on my open or hidden, or anyone elses open,or hidden agenda. I can tell you with all candor that there is.no plot, there is no ploy to emasculate, if you will, the Fire and Police Commission, it is a need entity, we want to preserve it, we want to keep it. Now the selecting and the promoting to the initial supervisory rank of what will become lieutenant is going to be handled by this very Commission.. The hiring of all entrants into the police profession, a profession that I have been involved with for twenty -eight years, the hiring of these people is going to be handled by the Commission. Now the firing of these people, should that come to pass, and unfortunately it does, is going to be handled by the Commission. don't want you to feel badly about those seven Captains we are talking about tonight because I can assure you should they make mistakes in judgment, or should those seven Captains, or any other member of the.Police Department, and I would hope that the same courtesy would be extended to me, should they make a miscalculation, they will be heard, they will be,couhseled,, and they will be set straight. However, should these very Captains that we are so concerned about or any other member of the Police Department, including the Chief of Police and his deputy chiefs, commit an errant criminal or quasi criminal act, then I can assure you they will be dealt with and they will be dealt with by this very Commission, 2 +1 VOLUME XLVI Now lets talk a little bit about private industry that Counsel Van Richards brought up. Private industry is profit or-iente:d,,...;, yes it is, indeed it is industry profit oriented. Now government is, or at least it should be, service oriented and we as a law enforcement agency are indeed service oriented. I can assure that to either make a profit in private business or to-provide a service in the government or public sector you need the best leadership, and you need the best administration, and you need the best supervision, and to settle for less than the best is not good enough. Now Counsel harks to the Cresap study, I want to tell you a little bit about the Cresap study. The Cresap study was conducted in 1972, prior to my coming to Elgin as Chief of Police, it was conducted in December, January, February and concluded in March of 1972. Now the Cresap study created the very thing we are talking about here this evening, in 1972 the Council passed an ordinance, based on the recommendation of the Cresap study, to give the Chief of Police the latitude of appointing his two key assistants. The present day Deputy Chief of Operations position and the present day Deputy Chief of Adm'inis;tration position. A,., system that has worked well for some eight and one -half plus years. Additionally they gave the prerogative to the Chief of Police of appointing a variable number of so called Senior Patrolmen, which has worked well these past eight and one -half plus years. We are now expanding upon that premise and we are asking, not for some pie in the sky idea, but we are asking for an expansion to give the Police of Chief, whoever he may be today or tomorrow, or next year, the latitude of expanding to cover seven additional key positions, and where are these seven Captains going to come from, they are going to come from a very pool of officers on our policy agency that have been given tests administrated by the Fire and Police Commission. its as simple as that. Now I would like to'say that, with all due respect, that I am not really impressed with a'petitiorr-of police officers that in effect says we don't want change, we want to keep the status quo, don't rock the boat and we don't want to improve our police agency. I am even less impressed with a group of city employees, firefighter, other City unions, if you will, that say me too, me too, don't change the Police Department. I ask you members of the Council do you want the dog to wag the tail, or do you want the tail to wag the dog. Are you going to give license to your chiefs and other department heads to administrate their agencies, or are you going to turn control over to the rank and file and having risen from the rank and file I do not consider the term rank and file derogatory. Some people seem to think that a Chief of Police, or a Sheriff, or a Superintendent of Police, or call him what you was born that way. I can assure you we were not, we walked beats, we drove squad cars, we went on domestic disturbances, we were sergeants and I was a lieutenant and now I am a Chief, and now I am an administrator, and when I became an administrator and I tell you this ladies and gentlemen sincerely I never forgot that I was a police officer, but 1 left the trappings of a police officer VOLUME XLVI 242 in my memoirs and I assumed the leader and that is the only way way I will.administ.rate and I ai would want a Chief of Police to me to be fair, I think you want want me to be effective. role of a Chief of Police and a I administrate and thats the only n sure that is the only way you administrate. -I think you want me to be impartial, l think you Now Council you have received letters from the University of Chicago, which F am sure you have read. From Northwestern University, which I am sure you read, and from the internationally based consulting firm of Cresap, McCormick and Paget, which I am sure you have read. l talked with Cresap, McCormick and Paget, Mr. William Evans, the Senior Vice President, as recently as this morning and I asked him a few questions and I want to hand a memo out to Council and I want to comment on this briefly. What this memo essentially states is the Cresap Agency are not aware of any failures with this concept. The rank exempt concept continues to 'grow a.s a viable ,means for Chiefs and other Administra- tives to maximize the talents and abilities of their supervisors. Now they stress that job security is there, as one who leaves an exempt rank, in this case Captain, if it become reality, should this Council choose to pass it and allow us to implement it, or a Deputy Chief to revert back to their previously held rank. They have job security, what they don't have is the ability not to do their job. Now St. Petersburg, Florida has this`, "'Fort Collins, Colorado has this, Appleton, Wisconsin has it, Morton Grove, Illinois has it and several other police agencies in Cook County, and there are literally hundreds of agencies in the country who have it, and its alive and its working well. Now Chaplain Bayler, who is a friend of mine, and a professional, and an ordained mi- nister, and I'speek to you Bob as _a friend, l feel empathy for those human H ticuqual'it `es that you spoke briefly to me with around four o'clock this afternoon,' that you thought were going to cause turmoil' in the Police Department. I can assure you that any change for the better is not without turmoil, its not without trauma. I am confident that in the long run there are enough dedicated people in this police agency that can put this thing together and can make it work. You are going to hear from some of these people a little bit later, you are also going to hear from some of the business leaders, some of the industrialists, some of Elgin's respected citizens, some of Elgin's most respected and successful managers, as to their comments as to -how they feel on this plan. Now Mr. Mayor and Council 1 am going to read four letters, they will be brief, I am sure I can have these accomplished in four minutes. I think they are worth reading and at the point in time there will be other members present in the audience that will make comments: 243 VOLUME XLVI The first letter is from Elgin Lumber & Supply Company, and reads: r Dear Chief Baird: I have taken the opportunity to study in detain the document entitled "Proposal for Reorganization of the Elgin Police Department ". After reviewing same, l should advise you that it has my enthusiastic support.. Quite simply, it adopts basic business principles which I have utilized throughout my career at Elgin Lumber which certainly should apply to the Elgin Police Department. This is particularly true in this age of "Proposition 13" where municipal officials must watch every tax dollar spent. 1 note that your proposal will result in.tax savings to the taxpayer. Before closing, permit me to re- emphasize my admiration and gratitude for the fine work your department has done throughout the years and I am confident the changes that you now propose in the management of the Force will only enhance its quality. Very, truly yours, _ s/ Harold T.- :Seigle I would like to read another letter from Bill Lovell, who; as many of you know is the Personnel Administrator for Chicago Rawhide, and is a well respected civic minded individual in the community who enjoys managerial and personnel administrative expertise. Dear Bob: have read with interest your Proposal for Reorganization of the Elgin Police Department and your Proposal to change.the Rank Structure of the Elgin Police Department, I am sorry that I will be out-of town next week and cannot make a personal appearance before the City Council to lend my support of your recommendations. I speak,from 44 years of business experience, 35 of which have been in various phases of- Personnel Administration, including among others Organizational Planning, Manpower Planning and Wage and Salary Administration While my experience has been in industry and not in government, it seems clear to me.that any management, to be successful, needs to have the ability to develop, appoint, and when necessary, change its management team members. Your proposal appears to give you that needed flexibility without endangering the jobs of anyone selected as Police Captain; since an individual who does not perform satisfactorily, would upon being replaced, revert to the former position of Lieutenant. Furthermore, your proposal patiently waits for the time an opening occurs through retirement or resignation, so no incumbent will lose a job due to implementation. VOLUME XLVI 244 Also, your proposal effects a cost reduction and results in one less supervisor on your staff than at present. It seems to me, therefore, that you have touched all the right bases as far as good Personnel Administration is concerned, and I congratulate you on your sound planning of this change. Very truly yours, s/ W. H. Lovell Now the last letter Mayor and Council and ladies and gentlemen of the audience is from -a former officer of the Elgin Police Department, Pat McAtee. Pat McAtee is an officer that left the Elgin Police Department some two and one -half to three years ago. The letter reads: Dear Chief Baud° I am sorry that it has been so long since we have had the opportunity to sit together and talk careers. Time slips by more quickly than we imagine. I am happy to tell you that my new career opportunity with Stanley Smith Security Inc., is most successful. I have made rapid progress and l am now the Regional Manager for the Midwest. The purpose of my letter is to make you aware of my profound concern for developments within your department which 1 read about recently in the Elgin Herald. I was extremely pleased to see that, for once, a Police Department has taken the initiative to clearly equate those services provided by a Police "Department with services provided by a private contractor such as Stanley Smith Security Services. Your proposed program to remove unnecessary and cumber- some supervisory ranks in order that all supervisors may be utilized in a capacity that not only best suits the individual but also produces greater quality and professional services to the community, poses a unique opportunity for our city. This is indeed an important step forward for the Elgin Police Department. However, the article which I read indicated significant opposition to your program. Without creativity and a continued effort to strive for a better law enforcement service, police work will always remain 150 years behind the time. I applaud your perceptive approach and 'I am certain those who oppose it still view police work from an ancient perspective of military tradition and rigidity. Your program will, in my view, create opportunities for an exciting career growth and personal development for all officers who are determined to rise within the law enforcement community. Turnover will be substantially reduced although your Department has never been one to experience much turnover. 245 VOLUME XLVI Most of us who have left your ranks have done so with a strong felt need to obtain a better paying and more challenging position. It is no secret that the new breed of college educated policemen must be dealt with differently, given the opportunity to be creative and work in a challenging environment, beyond that of the purely physical and emotional challenge of the position of the street cop. Consequently, a certain percentage of this new breed of officer will always go from the police ranks. Again, your program appears to give the taxpayer the guarantee that the very best man for the job fills it. I hope your program is passed, I wish you great success. Sincerely, Pat McAtee Now for the time being I would like to close temporarily by stating that there are different levels of enthuslainin interest and ability and dedication among police supervisors, just as there are in any business. People's ability, supervisors, and that's what we are talking about tonight, we are not t.alking.about we as patrolmen, or we as police officers, we are talking about supervisors. Their enthusiasm,_ interest and - ability and dedication, they vary, they vary in this police agency, they vary in any police agency, they vary in industry, they vary in business. The plan that we are asking to be implemented is not revolutionary, it only allows the Chief, whoever he may be, the latitude of selecting his best and most qualified, most qualified; personnel to fill sensitive positions.. Personnel appointed to these positions will be organizationally oriented and they will work as a team. The end result will be an ever improving police service. Mayor Verbic stated, there is one thing that I would like to clarify, I think that a lot of people have the opinion that the Police and Fire Board are appointed by political parties, but actually according to the establishment of the ordinance which we have passed of the three members of the Board, one shall be a member of the employee class, one from the employing class and the third one shall be a representative citizen not identified with either the employee or employing groups. I would just like to clarify that because I have heard this so many times within the last eight or nine weeks that we do it according to parties and it is not done that way. Chief Baird stated, Mayor your clarification on that point is appreciated., Warren Heine, Deputy Chief of Administration stated, anyone who is looking at me right now is looking at a product of the exempt _rank theory. I currently hold an exempt rank in the Police Department„ and I guarantee you that there are a number of people in this audience, there are a number of people on the street, a number of people in the police department and a number of people in the fire houses tonight, this very night, not only in Elgin, but in whatever other community VOLUME X.LVI 246 in the United States we want to ;pick out,-that are afraid of exempt ranks. Your looking at a guy that is in an exempt rank, let me tell you what it'sl1.ikeo';AS, long as produce, as long as i do my job, as long as I make contributions to the Police Department, and as long as I can help any of these patrol -men, out here in the "audience in whatever way, and I am looking at some guys right now .that have come to me for help in the past. Job related help, and I don't think that they can deny that I gave them my utmost; i think that as long as I do that, I think as long as l continue to perform in a professional manner, I think that as long as I continue to do my job, 1 have job security, but,.l will guarantee you right now, and I. will go public on this, •and _I expect Lt to .happen: ladies and gentlemen and Chief Baird. At such time,!wheneve'r that might happen, that I don't perform, that l don't do my job, .1 want you to remove me from my position and put me -back where ®ever,l came from. Now let me tell you where I came "from. Mr. Schmidt on the Council happened to be one of the members of the Police and Ffire" -Boar ,that hired me back in 1972. Mr. Brotzman, who.is'nt here-tonight, but happens to be a member of the Commission, was a :lso on that very` Board, I think in the capacity of Secretary, that hired me on that very night in 1972, So I'came up through and was hired through the very system that people are accusing and making statements -about tonight to the effect that this is,the: first step to do away with that system. No way, no way whatsoever. Let me tell you how I`got to be in a position so that .l could be appointed Deputy Chief, I was promoted through. +the Board of Fire and Police Commissioners, taking.the very tests-,that people are, talking about tonight. -I got on the eligibility list and here I am, I was appointed then Deputy Chief, Let me tell you that l can understand the fears that these people have about this mysterious exempt rank situation and let me also tell you that unless someone here can bring eVi:dence forward, and I doubt that we will see that, I don't think there is an.y.ev,idence at all.'1n_thel; history of Chief Baird °s reign in the Police Department and we are approaching ten. years, :I don't: think anyone has any evidence at all that there has been any hankey pankey i.n terms of appointments to exempt, ranks, Now if anyone does I-mould welcome it, but I don't think there is any, in fact i know there is':.nt any, So that anyone who suggests, and certainly there have been those suggestions tonight, anyone who suggests that the Chief is about to politicize the Police Department, that the Chief is out to appoint his fair haired boys,to these particular jobs, I think: ought to have some evidence that this is happening. I :don't think there is any evidence,, I think that any type.of accusation along those lines, any type of innuendo that there is some sort of behind the scenes maneuvering in these exempt rank positions; is without basis. There is an inherent fear in the exempt rank.posi;tion structure, I am a product of that structure, and I can tell you that its alive and well and functioning in Elgin. 247 VOLUME XLVI As I recall in 1972 when the exempt rank of Deputy'Chief was introduced the human cry went out into the community to the effect that this was the first step in the process to do away with the Board of Fire and Police Commissioners. This is 1981 and the Board is alive and well and living in Elgin. That same human cry went out in 1974, when the exempt rank of Senior Patrolman was presented, the Board is alive and well and living in Elgin. I would question seriously any remarks put before you tonight to the effect that this proposal is some mysterious concept to do away with the Board, it just is'nt. l think that Van Richards, who I respect very much, and in fact retained once myself, and Captain Ahrens, of the Fire Department, alluded to the fact that in the public services you have some sort of a right to a salary, when you get to a certain position. In the pr=esent case, for example, lets say the promotion to Lieutenant in the Police Department, that you earned a permanent salary for the rest of your life, and I think the implication is there that no matter what happens you got that money coming. Well I question that, I question whether that -is sound practice whatsoever, and I think that thing was alluded to. Without production what right and we are talking about a right, what right without doing -a job does a man have to a higher`salary, does anybody have a right to a higher salary if he does'nt do his job, if he does'nt produce; l doubt it. We are talking about rights, I question what rights a man in any department be it Public Works, be,'it the Foundry, be it the law firm that these gentlemen are involved with, l question what right a man has to a permanent salary because he has attained that in some point in time. if that man continued to work, continues to produce, continues to make contri- butions to the Police Department, there ain't no doubt in my mind that he hats that coming, but lets not guarantee these things with- out somesort of a guarantee in return. Mr. Richards indicated that people suffer the possibility, and we are talking Captains now, should a Captain appointed and should' that Captain indicate that he is going to retire six months hence; and should the Chief indicate that my goodness look at the money the City can save if we demote this man to Lieutenant, lets play games and do that. This I think is a fear, and an unwarranted one, that we have along with this proposal. Again l question what evidence' there has been in the Police Department, Ln Chief Baird's reign, or perhaps forever, I can't speak forever, but I can speak for ten years, what evidence there has been that these sorts of things have happened.. Now we have not had Captains, but I will tell you what we have had, we currently have the existing pay structure involving Administrative Lieutenants, which we have a couple in the audience, and regular Lieutenants, street-type, which we have some in the audience, we had that back when Frank Bauman was here, we had that back when Jack Whalen was here, and we had that when Harry West1a4<e was here. The Chief could have saved some dollars, if prior to Harry's retirement, prior to Frank's retirement, he had said key you up there in Records, Mr. Bauman, your going back on the street thaats going to save you some pension money. VOLUME XLVI 248 What evidence do we have that these things are happening. What indication do we have that they are going to happen. The answer of course is none, there is no evidence to that effect. Its not going to happen, it has'nt happened, and anyone who thinks that its going to happen I think is missing the boat, they have no case. Mr. Richards indicated that this argument that police administrators, or police chiefs, wanting to create their own management team is a facetious argument. Not too long ago, in the City of Chicago, a new superintendent took office, his name is Richard Brezak , a very respected superintendent, I don't think there are any questions as to what his credentials are and what his respect is from among the International Association of Chiefs of Police for example and within his own department, his credentials are established.. The news media, upon Mr. Brezak taking office, one of the first things they asked him was what type of changes Mr. Brezak, Mr. Superintendent, if any, do you intend to make in the Police Department,personnel wise. Its interesting what his answer was, his answer was, and I am not quoting him, I am paraphasing what he said, he said ladies and gentlemen of the press ,I intend to make several changes in the Police Department. I intend to appoint, and incidentally Chicago is an example of a department, not comparing it with Elgin, but it is an example of a department that has significant numbers and I won't say hundreds, but I will say scores of exempt rank type of appointments. Mr. Brezak said I intend to make a number of changes, I intend to put progressive people into key'spots, I intend to appoint people to these exempt ranks positions that share my management philosphy as Chief, and I intend to appoint people to those ranks that share common goals with.me at Chief of Police, after all I am the Chief and I am.hired to do the job of the Chief, and I need top men, key men, in key positlons,to do that job to the best of my ability for the citizens of the City of Chicago. Ladies and gentlemen of the Council I ask you tonight that you consider our proposal, that you consider the positive aspects of it, and there are a number of them, and that you consider some of the alleged'negative aspects that have been brought forth, which I hope I have countered, which I hope I have caused you to.think on, and I suggest to you that in the best interest of the Police Department you consider passing this ordinance.. in a day, in an age with things like Proposition 13, layoffs in the public sector, the tight dollar and so forth, in an era in which governments are mandated to maximize the talents and productivity of their employees, its incumbent upon top management to develop programs that address these mandates. This proposal affords the Chief of,Police the latitude to place the most productive and leadership, oriented supervisors into those positions that demand staffing by productive leaders. It gives the Chief broader flexibility and finally it provides the mechanism whereby the talents of all supervisors may be utilized in the most effective manner. I don't chink anyone-has suggested, other than perhaps the people who spoke prior to Chief Baird, that there is any "unhappi.ness on anyone's part with the Board of Fire and Police Commissioners. I think 249 VOLUME XLVI anyone who suggeststhat, and I am personal friends, l think, of the very men who are sitting here tonight.and the one who is absent, and I can say to them in all honesty that we have no quarrel with you gentlemen, none whatsoever. We are simply saying that we have a better system, we want the opportunity to implement this system and you give us the chance we'll show you the results and they will be positive. Thank you. Harold Pfortmiller stated, I am a Lieutenant in the Department. I have twenty -five plus years on this job and my present assign- ment is in Planning. I would just like to say that in past years and the present years one of the common complaints of patrolmen has always been the difference in supervisors, and that in itself is nothing to worry about, but is to have the leeway and flexibility to do their job, but however, when it becomes confusing to them in that they don't understand what is expected of them, I think this issue comes in hand here. As you know we have supervisors meetings, we try to have all the supervisors pull as one so the common goals of management is not always done. Example and point, some supervisors are oriented towards traffic, others are oriented in the criminal aspect of it, it sometimes depends on their back- ground, which brings this about. As far as management you want to have a common goal and you want to meet the objectives and I think with this proposal this will happen. Thank you, Sgt. Bruce Zweig stated, I am presently assigned to the Traffic Division of the Police Department. Before i start ,I ask, your permission that I digress a few minutes and speak to the two groups that are here. Number one group is the Police and Fire Commissioners, I would `like to say to you that I have the utmost respect and confidence in you and to my fellow law enforcement officers and fellow members of the Police Benevolent and Protective Association, of which I am a member, and which I had the privilege of serving as President several years ago,_ I respect your position and your comments on this proposal, and I ask that you respect my position and comments on this proposal also.. Thank you. As many of you know I recently attended the Traffic Police Administration training program at Northwestern University. During my remarks I will refer to this program as the TPATP Program. During this nine month program l received comprehensive instruction in police administration and management. The concept of the Chief Administrator being able to surround himself with persons he feels share his administrat <ive and /or organizational philosophy is consistent with good administrative principals as taught in the TPATP program. The concept of exempt rank is not new and is in use and is accepted by several_ police departments throughout the United States, including the Elgin Police Department. While attending the TPATP program I wrote a paper outlining how I felt, our department's supervision on the shift level could be strengthened by adding a supervisor to each shift and creating the exempt rank position of senior sergeant to act as the watch commander during his absence. In this paper 1 recognized that such proposal was VOLUME XLVI 250 subject to a number of constraints, such as budgetary, City Council action, Police and Fire Board action, acceptance by other officers, supervisors and administrators, and last of all, but not least, the. overall needs of the department. To evaluate the proposed reorganization specifically one would have to be able to address each constraint with 'research and available data. Since I do not have specific information available to me, :I will confine my statement to the general concepts involved. In summary I would affirm my•suppp;rt_of the general concepts involved as consistent with good management practices that I have learned in my experience as a police officer. I thank you for the opportunity to present my views. Robert Cali of 680 Chester stated, .l have been a member of the Elgin Police Department for over fourteen years. At the present time ,l am a Detective Sergeant, prior to that I served two and one half years as Traffic Analyst, and I have also served as a Shift Sergeant and also as patrolman on the watch. l would just like to take about forty -five seconds of your time and say that'l am for the proposed reorganization and change in rank structure 'in the Elgin Police Department. I support the proposed changes because I believe that the department will benefit in the areas of better inner- department communications and efficiency. This is turn will increase productivity, which is in the best interest of the community, I also believe that the Chief of Police should have the authority to place `supervisory personnel in any management position that`he feels they would best 'serve the interest of the department and the community. Thank you, Herbert Lange of 394 S. Commonwealth stated, I am a graduate of this Police Department having served here for twenty -seven years. I retired from here in 1965,and I was Chief of Police in Woodstock for ten years, and I came back again in 1976, and I have lived here since. I have written a letter addressing this proposed police reorganization and with your permission and approval I will distribute a copy of it. This letter, of course, is addressed to Leo Nelson, City Manager, on the police reorganization: I am writing to you to express my support and 'approval for the proposed police reorganization plan presently under consideration. have every respect and empathy for served in every capacity, patrolman, for a period of more than 37 years. those in the police ranks, having sergeant, lieutenant and Chief I served in the ranks for a period of 15 years prior to becoming Chief of Police of Elgin, and for an additional ten plus years as Chief at Woodstock. From the 22 years as Chief, I know first hand that the frustrations at the top are proportionately greater than those at the bottom. In a small department such as Woodstock, where personal contacts with 251 VOLUME XLVI all officers are frequent, administration and command are simplified and informal. On a larger department such as Elgin, because of a limited span of control and limits on time and personal contacts with officers are not great, the responsibility for the operation of the department must be shared to a greater degree by the supervisory staff. The narrow framework for police operation and organization provided for by the "Fire and Police Commission Act" provides little, if any, flexibility to the Chief of Police in operations. The proposed reorganization could amount of flexibility in choosing effective police department. provide to the Chief a limited key command personnel for a more If the plan, after a trial period, proves to be ineffective or un- desirable, it could and should be abandoned. It may be trite to say, but it is none the less true, - "That the worst reason in the world for doing anything in the same old way is because it has always been done that way". Yours very truly, Herbert W. Lange Chief of Police (Retired) Richard Hampel, Vice President of Woodruff & Edwards, Inc., stated, I am serving a.dual role here this evening, I am going to distribute to ycu a letter that was sent over to the Chief by my boss, Orval Graening. I will read the letter, The proposal for reorganization of the Elgin Police Department has been reviewed by me and I am firmly convinced it would be a very valued improvement over the present procedure. It has been my experience the chief executive officer of any organi- zation must surround himself with the associates that share this management philosophies and goals and will work in harmony to achieve them. It is my hope that.the reorganization can take place.without too much turmoil. Very truly yours, Woodruff & Edwards, Inc Orval Graening President VOLUME XLVI 252 I might add to that I am looking at a tired Council and probably a very tired audience. You have had a lot of conversation tonight, I am not going to'expound to any great deal, I don't think the one thing that I think comes out that is pointed out here this evening is that there is no body on either side or anybody in the audience that doubts the ability and the loyality of the Police Department. I think we are all very thankful of that. This organizational change, giving the administrative head of the department the privilege of choosing his assistants, that share his philosophies very obviously and in so doing l think that the ideas, the programs can be carried out very much better than with- out the change. I have served many years ago on the City Council in the City of Elkhorn, Wisconsin.. I was also on the County Board and I am presently a Trustee of the Township so I appreciate what each and every one of you people here in the Council are faced, with. The only thing that I can advise ;is that you consider all of the facts that have been presented here this evening to you on both sides and let your conscious and judgment hold, and I am sure that the result of that decision will be to adopt the reorgani- zation. Thank you. Bob Hoffer of 255 Wing Park Boulevard stated, the words that we have heard tonight give me cause for some concern about the future t` of Elgin because I think that too often we have played upon the fears of change that might occur with the proposal that has been made by Chief Baird. So there are some questions that I feel we ask you the Council to consider, Are we really satisfied that with the growth and the potential that so many of us see for Elgin that the present situation that we have in the Police Department is an adequate answer to the future. Can we not therefore, as we must in business, even though perhaps we deride a private enterprise, can we not as we do in business consider those activities that would improve our operation. I as a person impressed with the 'sincerity and the honesty; of our Chief in my many dealings with him, not only in his position as the Chief of Police, but in many other activities herein Elgin, so that impression is one which has given me the confidence in supporting his proposal. We know that the Chief is responsible for the department, the public holds him responsible and yet in our business lives we must remember that if he is held responsible he must have the authority that is commensurate with that responsibility. If authority means the addition of his administrative activity then as he sees this to be important why should we say it won't work. Is it wrong in growth to have new ideas, Ideas supported by success in other communities have proven to be an adequate answer to the growth in those situations. Why must we resist change when we simultaneously demand the responsibility and accountability. There is no re1:.^tance as we have seen in recent months to bring the full weight of public opinion upon those officials who do not 253 VOLUME XLVI perform. What about the seven who are going to be promoted, what about the opportunity that they are provided by this proposal. We speak of fear and yet to them its opportunity an opportunity to do a job, an opportunity to make this community stronger,' an' opportunity to make their department stronger. So I believe that responsibility goes hand in hand with authority and the responsibility that would be derived by this proposal. When we limit authority or try to protect it by traditional means, then we perhaps are not facing the realities that are available with our growth. Does this mean the end of those valuable tools which the Police Department has had, certainly not we have had an adequate support of that fact. I would beg of the Council to consider the recommendation on the merits and not the implied consequences of such a change. If we imply weakness, ls!nt it equally proper to imply improvement. Would'nt the seven just probably do an effective job and not be summarily dismissed. Does change alwa�s bring weakness, certainly those of u in business don't believe that. Can't change mean improvement, why do we demean the intent of a dedicated public servant such` as our Chief, why not support his honest and sincere desire for improvement of his department. So I have no fear, I believe in Elgin, you all know that, 'I believe that improvement is always fraught wi,thc,concerns, but _fear really restricts, our visi gn of tomorrow. So I have confidence in our Chief,` I have confence in the system which he proposes. I ask your approval of this recommendation. Van Richards stated,,,;] think the premise of all the speakers who have spoken in favor of the ordinance is that we have to trust in the individuals and that the opposition here is to an individual or to persons who are presently proposing a plan. Our opposition is to the concept, not to the individuals. Mr. Heine has said where is the proof that there will be abuse. We suggest that if Orlando Wilson was the Chief of Police, whoever were to administer this plan, that the objection is not to the individual but to the plan itself. They have asked what right does someone have to stay in a position that he does not perform, that is not the question, the question is, who makes the decision and under what criteria is the decision made to demote. We don't suggest that anybody has the right to stay in a promoted rank, but we do suggest that the way that a demotion is handled, the way that a demotion is accomplished, is by reason of objective criteria. The Chief has suggested that if a Captain does not perform adequately he will be counseled with. I am sure that the Chief's attitude towards that is exactly that, but what are the criteria for it. The ordinance says that a Captain will be subject to removal, I take it that it means from the position of Captain, not from the department, that is'nt what it says. It says shall be removed by the Manager, I take it that means the Chief. Either way the point is who will do it. VOLUME XLVI 254 Mistakes of judgment will be counseled with, errant acts will go before the Police and Fire Board, we are talking then about the sincerity of the individual. I have no question about the sincerity of Chief Baird, what I have a question `about is instilling a system where abuse is possible, and I think that the premise of all of these comments concerning the adoption of the plan go to the point of where is the abuses. We will be good trust us, and Chats probably true, the particular individuals, but what we are talking about is a far reaching plan. We don't point out that abuses have occurred, you are creating a system which will stay with us. A system which permits for demotions, which permits for a change without any objective criteria. The whole thing is premised also on the fact that the Chief will not have a right, under the present system to pick his team. He points out in the ordinances now that he may assign policemen' by the present ordinances to positions as he desires, or to duties as he desires. I suggest to you that he has the right absolutely under the present system to pick his team. The premise that he can't pick his team without the new system is fallacious. He can control under these ordinances that presently exist, but under the new system he will have the sole right, without any other imput or criteria to promote and to demote, and its the adoption of that system as a matter of law was what we object to. Chief Baird stated, the thing I want to briefly hark to is the support of letters that you people received on Monday evening. John Furcon, Research Psychologist, University of Chicago, that h'as'had` experiences with Elgin Police Agency, is knowledgable in'the field, states the program is viable, it works, its good, its necessary. The Traffic Institute, 150 years of senior police level administrative review saying the program will work. Cresap, McCormick and Paget, William Evans, the senior Vice President, saying that the program has merit, its implemented in many, many police agencies throughout the country. To go further is redundant. A key point is that the success or failure of this program rests with you. If I as Chief of Police, and I am selected, appointed by the City Manager, with the advice and consent of Council, and if we are not concerned with personalities, then I submit to you that my predecessors, who will be many over the next many years, will be appointed by you, I have confidence in you, and l appreciate your support this evening. Thank you. Hattie Jensen stated as I listened to all this no one answered a questlon that l would like to know. Since the Chief of Police has 'dane such a terrific job the last 92- years, we all know this, we have all agreed on this, so why at this time should there be a change, no one has said why. If its so successful as it is why do we need this change, no one answered that. 255 VOLUME XLVI Chief Baird stated, the reason the change is made is that change for the sake of change really is nonproductive and counter - productive change when it is well thought out and can improve a police agency that l submit to you is second to none in the State of Illinois, we will even make it a better agency. Councilman Schmidt stated, if I may I would just like to make a statement that I have prepared, it is in regard to the Board of Fire and Police Commissioners, and a little history of it. The Elgin Board of Fire and Police Commissioners was formed 78 years ago, it all began because of politics in the department. A police officer on the Elgin Police Department by the name of D.F. Gayham, ironically a police sergeant, with the help of a politician from Aurora, by the name of Richard Yates, helped him to get across tb?the General Assembly in Springfield. On April 3, 1903, the General Assembly in Springfield passed this into law creating the Police and Fire Board. A soon as it was passed the sergeant wired back to Elgin so stating. A petition was circulated and it was placed on the ballot as a referendum on April 21, 1903, because there was also .a Mayoral election being held. The referendum passed over- whelming five to one. At that time Mayor Hubbard was running for re election against Mr. Price. Both candidates were in favor of the Board and did endorse it. Now after 78 years we have a Chief who wants to change the structure, not do away, with the Board, the structure of the Board by creating a non - existant Captain rank from Lieutenants, who really are sergeants, but don't exist. The Board has served under the Aldermanic, the Commissioner, and Council - Manager form of government, don't think anyone can say politics plays absolutely no role in the process in Elgin or any city, but I do believe it has been minimized . It would be a pity if Elgin having led the way to reform would now led the retreat from it. also am concerned with the future of Elgin, especially when it comes to the Police and Fire Commission, I cannot see the structure being changed the way it is being presented. I think it gives too much authority to the City Manager, to be able to make all the decisions as far as the promotions are concerned. On other thing, to you members of the Council, under Section .3 paragraph B, If I recall when we were discussing this in the Committee of the Whole meeting, it was stated that the Chief of Police would make all of the appointments with the consent of the City Manager. Now when we are ready to vote on this l read where the City Manager shall have the power to make all of the appointments, I am wondering why it is stated this way. Counsel Jentsch stated, when I reviewed the existing ordinances for the purposes of preparing this ordinance I found that the existing ordinance provides that the exempt positions, that is the position of Deputy Chief, was appointed by the City Manager VOLUME XCVI 256 with the recommendation of the Police Chief, so I merely inserted the new rank in that same section. There was no direction from _ anyone to change the proposal and I don't believe the proposal was made with full knowledge that the existing procedure for Deputy Chief contemplated the Manager making the appointment upon the recommendation of the Chief of Police. Thats why it is in the form that it is in. I thought thats where it belonged, with the other similar exempt position of Deputy Chief. Councilman Schmidt stated but I am correct in stating it was not presented to us that way. Counsel Jentsch stated, I don't recall whether it was or was'nt, I am simply answering why it is in the form that it is. 1 am responsible for that because I thought that was the appropriate place for it because I understood that the two positions were similar in that they were exempt from appointment by the Board of Fire and Police Commissioners and would be treated similarly, and I did'nt see that there was a distinction between saying the Deputy - ;Chief should be appointed by the Manager, -but the Captain would be appointed by the Chief. Councilman Hansen stated, I would like to speak as a local businessman, who has had a certain amount of experience in business management, and also as a- Councilman and a citizen. am thankful that we don't treat the Fire Department and the k Police Department as a business organization. I don't think that we can honestly call them that. They are really para- military operations, which I think has been alluded to by several speakers. There are a lot of institutions ° that we can't treat as a business and I think that the day we do we are going to be in trouble. The day the church which I belong to treats its operation as a strictly business operation; with a profit and loss statement, thats the day I will leave that church. I don't think that we can say that the Elgin Police Department can be managed in the same way that a business can. We are asking these people to go out and risk their lives to protect us', under a lot of difficult situations and its not the typical profit oriented business enterprise that we are used to and that we are comparing this with. I am thankful that up to this time we have not tried to run it as a profitable business,. Councilman Waters stated; may I go back to the issue that was raised by Councilman Schmidt, and I am asking for some clari- ficat -ion without nit picking; and without editoralizing, but under section 2, part B, the first sentence indicates that the Chief, the Deputy Chiefs and the Captains would be appointed by the City Manager, but the second sentence, under point B, paragraph' B; is that the Deputy Chiefs and Captains shall be appointed from among members of the department holding the rank of Lieutenant I or II; upon the recommendation of the Chief of Police. Now as I read that it would indicate to me that only recommendations made by the Chief of Police would be appointed by the City Manager. The City Manager would not make anr' appointment in the absence of that recommendation, is 257 VOLUME XLVI that not correct. Counsel dentsch stated, I think Oat_'-s <cor;-reaa. I don't think he would be required to make these appointments, if he made an appointment I think he would be required to make one from among persons recommended by the Chief of Police. Councilwoman Nelson stated, l think there has been plenty said tonight and I appreciate everybody coming because it makes me feel very proud of the Elgin Police and Fire Departments. have to tell you this, the Police are my special pets and I am going to vote for this resolution tonight. I know the Mayor did'nt ask 'me to say that, but when he asked me to speak, I'll speak my mind and many of you in the audience have already told that I had studied this very well and I do have respect for our Board and I have a lot of respect for the Police Department of Elgin. Councilman: Kirkland stated, l am going to speak now and this may take a while, I have been taking notes as perhaps some people have seen, trying to put together my thoughts and trying to respond as everybody else spoke. am going to vote for the ordinance, I'm still going to vote for the ordinance. I don't think that its best that an outside agency, which in this case is the tester for the Fire and Police Board, or for the Fire and Police Board, to choose what I would consider the Chief's management team. Correlarly to that I don't think ten men out of 94 is too large a so called management team, and l think it is a positive step to expand the size of that management team, in effect from three to ten:. Van Richards indicated that they are opposed to the new system and not the Chief and thats fine, and he indicated thats because abuse is possible under the new system, well l would contend that abuse is obviously also possible under the present system. A problem that can happen and I think has happened is that a supervisor can get in that position and not put out, but on the other hand not be in violation so as to be able to be brought before the Police and Fire Board. I think there is a problem of management morale, can be a problem of management morale as well as entire department morale, I worry about both of them frankly, and I will worry about it when :I make this decision, but I guess I am going to worry about it. The-problem of management morale can be when you appoint a supervisor, who turns out, when he is appointed to that position to become static, or to turn out to be lazy, or to be disruptive to the Chief's management philosophy, and in various ways try to disrupt that philosophy and undermine the Chief, or maybe in a more modern sense another,pos "sibility is simply a term that came on a while ago, which is the peter principal, which is simply that when he was appointed to that position it was not knowiwhat he could do in terms of output VOLUME XLVI and capability in he would violate brought before th can work as a tea work hard. 258 that position, not so much in terms of whether his duties or do things so bad that he can be e Police and Fire Board, but whether simply he it member, work under a specific philosophy, and I am also going to respond to what Elmer Hansen said about the difference between private business and public business, indicating there is no profit orientation, I think an individual is profit oriented and he production oriented and he should be, ai go hand in hand. When you say there is profit orientation Chats the other side as I am concerned. Policemen themselves as should be, and he is id I think the two of them a vast difference in of the matter as far There is talk these days about government waste and government bureaucracy, and people who get the job and don't do the work and so forth, and l wonder and I have had teachers, and I am not putting down teachers, because they did not invent this system, I have had teachers on occasion be,able to explain to me what is.good about tenure, but I am wondering how many people who are not teachers understand or support tenure and that is the job security that comes with it, where you can perform, not in violation of what a teacher should do, but not perform in a growing way, not perform in a hard way, but settle in and perform as some people would fear under tenure in a way that shows you have too much security. A problem that l see, that I don't think anybody has addressed very well, is the problem that you have, and I am not 'indicating this specifically to Warren, but it can happen, and I think the problems developed also with the previous Chief, but when a sergeant is put up above a lieutenant, I think that kind of situation, and that can happen under the system now,` and does," that kind of situation presents a breakdown, or a play-off between the Chief, and whether you think he's right, or the Pot -ice and Fire Board, whether you think h.e:'s right. The Chief saying this sergeants more talented than the lieutenant, the Police and Fire Board, in effect, saying we promoted him from sergeant to lieutenant because we think he is ready to go from sergeant to lientuenant and h,e?s better. I think that creates an unhealthy situation, and has had an occasion to do that. The talk is generally about having the opportunity for advancement and maybe Bob Hoffer said this better than I will, but certainly the patrolmen and the lieutenants still do have an opportunity for advancement, but again its under a management team kind of criteria, ability to administer to work within a management philosophy, which I think are skills that go beyond sometimes what the outside testing .and what the Board of Police and Fire CDmmissioners are testing for. Councilman Waters stated, I would hike to make just a couple of observations. First of all I would like to say that I have felt that the presentations made this evening have been as eloquent and as intense as any that I have listened to or participated in 259 VOLUME XLVI during my tenure as a Council member. I think that everyone here tonight is to be congratulated in that behalf. I say that not as an appeasement to those who may object to the way my vote will be on this issue. I say it very sincerely, I was asked during the break if I was listening and yes I was listening. I did not come with a prepared statement„ I did not come with a prepared position. d.id listen and my position tonight has been taken based upon what B have learned prior to this evening and the presentations that were made,this evening. We were asked to separate the personalities from this presentation, from this proposal, and frankly I can-It do that. I feel that our Chief of Police has been given plenty of opportunity to demonstrate his competency, his leadership to this department, for this community and it is his proposal, his recommendation. l frankly intend to vote for the ordinance and I do so personally, not as a statement of the other Council members,.but personally as_a public vote of confidence in our Chief of Police. I do that not as an advocation of my responsibilities, I do that with full awareness of the arguments that have been made and the conclusions that I have independently reached. Councilman Gilliam made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Councilman Hansen stated, in view of the fact that this is a very intense subject that l think has very far reaching implications for the Police Department and the City, I would like to see this issue tabled for the reason that this issue was brought to the Council just two meetings ago, in a very rapid way, without any forewarning and I don't believe the issue has really been discussed out in the public to the extent that it could or should be. I think it would be a mistake for us to make this decision in haste and therefore l would like to make a motion to table this ordinance until our next meeting. Councilman Schmidt stated, l wholeheartedly concur with Councilman Hansen and I will second that motion. Yeas. CounciJ men:Mansen, Schmidt and Mayor Verbic. Nays: Councilmen Gilliam, Kirkland, Nelson and Waters. Mayor Verbic stated, I haven't made any statement yet, but I don't think it is going to make any difference anyway and l have felt like that since the first day after the initial meeting. Approximately seven weeks ago on a Friday evening I got the agenda from City Hall, I opened it up, scanned, looked at it and I thought there is something in here thats very interesting and that was my first observation there was a proposal for reorganization of the Police Department. I had'nt heard it from anyone else, including the members of the Police Department, or from the management in City Hall. VOLUME XLVI 260 i took the material home over the weekend, and I have a twenty-two year old boy at the University of Chicago, as a senior, and I said to him, what do you think of this. Read it over lets see what you think of it. One of the statements which I have heard tonight, have heard it a few times, and that is, change by itself is not always good. Interesting enough my son came up with that too, and he said I just can't see this. I have written a few critically and I just because I don't think It is going to create and I even thought it it did. things don't it is a mor would down here, approve of going to b ale problem go over to which I have looked at this particular change °nefit the people of Elgin. for the police officers the Fire Department, which I did not like the Police and Fire Board not having the opportunity to test one of our patrolmen twice, I liked the idea of a man being tested for sergeant. There are certain people on our police force, and over the past ten years I have become acquainted with quite a few of them, who should be sergeants, they should not be a lieutenant. These people have taken-the original examination and they get to be appointed as sergeant, that sometimes is as far as they go, thats the limit. Now we are taking this away from them, we are no longer giving them that opportunity for that Police and Fire Board to re- examine, talk and listen to the Chief's recommendation. When I came here initially the Chief had five points, and Chief Lange I disagree with the one statement that you have in your letter when you say, provides little if any flexibility to the Chief of Police, because he has thirty points and if you are on the Police and Fire Board you will be impressed by his recommendation. I think that he has complete control as to who comes up there in a lieutenant's position. From five to thirty points is a considerable number of points and that really plays quite a factor in the selection of a man who is going to be promoted. We are taking away the second chance of examining a police officer from sergeant to lieutenant, and I think that second chance is a very good opportunity for the Police and Fire Board to maybe discern some facts about this individual that will keep him at this level and they might say your capable of being a sergeant, but thats as far as he should go. These are just some of the things that this was presented and these and since that period of time, as day from people, especially after read it in the newspaper and I sa it is going to be a four to three I will call the question. that [,mentioned the first night were fresh thoughts in my mind I mentioned I had calls the next they heard it on the radio and id don't waste your time I think vote and thats the way it is, but Yeas: Councilmen Gilliam, Kirkland, Nelson and Waters. Nays: Councilmen Hansen, Schmidt and Mayor Verbic. VOLUME XLV I Ordinance No. G33 -81 AN ORDINANCE REORGANIZING THE POLICE DEPARTMENT TO ADD THE RANK OF CAPTAIN AND TO MERGE THE RANK OF SERGEANT WITH THE RANK OF LIEUTENANT 261 WHEREAS„ the City of Elgin is a home rule unit as defined by the Con - stitution of the State of Illinois, 1970, and is authorized to perform any function and exercise any power relating to its government and affairs; and WHEREAS, the organization composition and appointment of members of the police department are matters_ pertaining to the govermmnt and affairs of the City of Elgin, Illinois, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, IN THE EXERCISE OF ITS HONE RULE. POWERS: Section 1.1 That Section 2.50.020 of the Elgin Municipal Code, 1976, as amended, is amended to read as follows: "2.52,020 Offices created:' There are created the following offices in the police depart- ment: chief, deputy chief; captain, lieutenant I and lieutenant II, and patrolman. The rank of sergeant existing prior to the effective date of this ordinance shall be merged with the rank of lieutenant I. Before entering upon the duties of the office, the chief of the police department shall execute his bond to the city in the penal sum of one thousand dollars with surety to be .approved by the city council condi- tioned for the faithful performance of his duty as provided by law. Similar bonds shall be executed by other members of the department in the penal sum of five hundred dollars each, with like conditions. The term "policeman" or "policemen" shall include all members of the police department regardless of rank unless otherwise specified'. The term "supervisory officer " -shall include all members of the department above the rank of patrolman. That all members holding the rank of sergeant on the effective date of this ordinance shall hereafter be designated as holding the rank of lieutenant I. That all members holding the rank of lieutenant on the effective date of this ordinance shall be designated as holding the rank of lieutenant II." Section 2. That Section 2.52,170 of the Elgin Municipal Code, 1976, as amended, is amended to read as follows: "2,52.170 Appointments. A. All regular members of the police department except the chief, deputy chiefs, and captains shall be appointed by the board of fire and police commissioners as provided by law. B. The chief of police, deputy chiefs and captains shall be appointed by the city manager. The deputy chiefs and captains shall be appointed from among members of the department holding the rank of lieutenant I or II upon the recommendation of the chief of police. C. If a member of the police: department is appointed chief of police prior to being eligible to retire on pension he shall be considered as on furlough from the rank he held immediately before his rank as chief. 'If he resigns as chief or is discharged as chief ;prior to attaining eligibility to retire on pension, he shall revert to and be established in such prior rank, without regard as to whether a vacancy then exists in such rank. D. Any member of the department who was appointed deputy chief or captain of the police department prior to being eligible to retire on pension shall be considered on furlough from the rank he held at the time of his appointment as deputy chief or captain. If he resigns as deputy chief or captain or is discharged as deputy chief or captain prior to attaining eligibility to retire on pension, he shall revert to and be established in the rank of lieutenant I or lieutenant II, as may be applicable, and shall be entitled to all the benefits and emoluments of such rank without regard as to whether a. vacancy then exists in such rank." Section 3. That Section 3.08.020 of the Elgin Municipal Code, 1976, as amended, is amended to read as follows: "3.08.020 Duties -- Appointments -- Exceptions. A. The board of fire and police commissioners shall appoint all,members of the fire and police department of the city except the chief of the fire department and the chief, deputy chiefs and captains of the police department, and shall conduct and hold all examinations and disciplinary hearings in the manner provided by law. B. The chief of the fire department, the chief, deputy chiefs and captains of the police department shall be appointed by the city manager and shall be subject to removal by the city manager and shall not be subject to the provisions of the board of fire and police commissioners act. C. That any eligibility lists for the office of sergeant here- tofore established by the board of fire and police commissioners and in effect at the time of this ordinance shall be administered as an eligibility list for the office of lieutenant I." Section 4. That this ordinance shall be in full force and effect from and after August 17, 1981. s/ Richard L. Verbic Richard er ic, Mayor VOLUME XLVI 263 Presented: July 8, 1981 Passed: July 8, 1981 Vote: Yeas 4 Nays 3 Recorded: Published: Attest: s/ Marie Year an rae Yearman, City Clerk. ORDINANCE PASSED AMENDING • MANAGEMENT SALARY AND BENEFIT ORDINANCES Councilwoman Nelson made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Councilman Schmidt stated, why is this ordinance put to us so soon after the previous ordinance was just passed. Was there some anti - cipation that this was going to be passed. I would think that this would be on the next Council agenda. Mr. Nelson stated, it just flows from the first ordinance. In other words assuming, and thats why it was put in this order, that ordinance number one that you just voted on was approved then the other ones would just automatically; follow. Councilman Gilliam stated, you will see other things come before the Council regarding annexation and agreements and you will see them put together rather than passage on one Wednesday, and then wait two weeks to do it again, you will see that happen time and time again, not necessarily in this case, I know it looks like it is set -up, but you will see other things come by that will go together, and normally if you pass one you will pass both, or if you knock one out, you knock both of them out. I think it.i.s a lot;.smoother,if j.hey do go hand in hand. Yeas: Councilmen Gilliam, Kirkland, Nelson and Waters. Nays: Councilmen Hansen, Schmidt and Mayor Verbic. 264 VOLUME XLVI Ordinance No. G34 -81 AN ORDINANCE AMENDING MANAGEMENT SALARY AND BENEFIT ORDINANCES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. G79 -80 providing . for position classifi- cation and pay plans for management group employees is hereby amended"by`' adding a position entitled "Police Captain" to Range 48B1; "Police Lieutenant II to Range 46B3; and Police Lieutenant I to Range 42C4 of the Official Salary Plan. Said ordinance is further amended by the deletion of a position entitled "Police Lieutenant -- Administration" in Range 47 B1; "Police Lieutenant" in Range 46B3; "Police Sergeant -- Administration" in Range 43C2; and "Police Sergeant" in Range 4204 of the same Official Salary Plan. Section 2. That Ordinance G81 -80 entitled An Ordinance Amending the Management Group Benefit Program is hereby amended by adding the positions entitled "Police Captain" and "Police Lieutenant II" to the list of positions in Section 2 and adding the position of "Police Lieutenant I to the list of positions in Section 3. Said ordinance is further amended by deleting the position entitled "Police Lieutenant" from the list of positions in Section 2 and by deleting the position entitled "Police Sergeant" from the list of positions in Section 3. Section 3. That this ordinance shall be in full force and effect from and after August 17, 1981. s/ Richard L. Verbic ITIMM E. VeAic, Miyor Presented: July 8, 1981 Passed: July 8, 1981 Vote: Yeas 4 Nays 3 Recorded: Attest: s/ Marie Year an Marie Barman, City Cler ORDINANCE PASSED AMENDING THE AUTHORIZED STR-ENGTHoF THE POLICE DEPARTME T Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Nelson and Waters. Nays: Councilmen Hansen, Schmidt and Mayor Verbic. VOLUME XLVI Ordinance No. G36 -81 AN ORDINANCE AMENDING THE AUTHORIZED STRENGTH OF THE POLICE DEPARTMENT 265 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 8 -1 of Chapter 8 of the City Code of Elgin, be and is hereby amended to- read -as- follows: "The total authorized strength of the Elgin Police Depart- ment shall hereafter be ninety -four (94) members, of which one member shall be chief, no more than two (2) members shall hold the rank of deputy chief, no more than seven (7) members shall hold the rank of captain, no more than nine (9) members shall hold the rank of lieutenant and the balance of said members shall be of patrolman rank. "' Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage as provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, yor Presented: July 8, 1981 Passed: July 8, 1981 Vote: Yeas 4 Nays 3 Recorded: Published: Attest: s/ Marie Yearman W,Fie Yearman, City Clerk ORDINANCE PASSED AMENDING THE OFFICIAL SALARY PLAN[ OF THE CITY OF ELGIN Councilman Gilliam made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. €eel just as strongly about this as 'I did two weeks ago and that is I think a City attorney coming out with any experience should be paid a little bit more money if we are going to get a top person to represent the city. Councilman Waters stated, it seems to me that if the management has screened the applicants and has made a determination that the person selected for that position is a competent individual, and an offer has been made and accepted, I fail to see the reasoning for increasing the salary beyond what the offer was made. 266 VOLUME XLVI Mayor Verbic stated, l just feel that people with a greater capacity of experience and people who have gone through law school will not even volunteer to obtain a job like this, under the circumstances of the pay which you are going to begin with. , What you are going in my estimation is getting a different catagory of i,nd,ividuals who will be applying for this position, rather than the one who has got the experience. Counsel Jentsch - stated,tlats true, but have hired somebody at the old salary. was one with limited experience and in a very capable assistant. If you want six years experience, then you are rig salary, you increase _it. I don' think you would The former assistant time he developed into to hire someone with it, you don't reduce the Mayor Verbic stated, would'nt that be more beneficial to the city. Counsel. Jentsch stated:, if that is what your particular needs are. Councilman Kirkland stated, when you hired Jim Binninger, he started out at this $1922.00. Counsel Jentsch stated, no he started out at something like $1400.00 and over the six years, between the step grade and the across the board increases, the whole range went up. We have had two very capable assistants, both of them started with approximately six months of experience, both developed very rapidly into capable people, and I would hope that this one will be able to do the same thing. Councilman Hansen stated, I will repeat exactly what I said in our work session. I think our legal budget is quite large. think we are s.uin,g our citizens a lot`and'I don't think that is necessarily the fault of the legal department, I never meant to infer that. I do think that maybe this body is guilty of spending too much money on litigation, and at budget time I would like to see the legal department budget looked at very carefully, with the possibility of reducing it. Councilman Kirkland stated, I suggest we go on a case by case basis. Mayor Verbic called for the question. Yeas, Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Waters. Nays: Mayor Verbic: VOLUME XLV1 267 Ordinance No. G35 -81 AN ORDINANCE AMENDING THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. G79 -80 providing for position classifi- cation and pay plans for management group employees is hereby amended by adding a position entitled "Assistant Corporation Counsel" to Range 34B of the Official Salary Plan. Said ordinance is further amended by the deletion of a position entitled "Assistant Corporation Counsel' in Range 44B of the same Official Salary Plan. Section 2. That this ordinance shall be in full force and effect July 12, 1981 in the manner provided by law. s/ Richard L. Verbic Richard E. Verbic, Mayor Presented: July 8, 1981 Passed: July 8, 1981 Vote: Yeas 6 Nays 1 Recorded: Published: Attest: sA Marie Year n Marie Yearman, City Clerk Councilman Kirkland made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. :i VOLUME XLVI RESOLUTION AUTHORIZING AGREEMENTS WITH NATIONAL ARTISTS MANAGEMENT COMPANY FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Betsy Armistead, Program Coordinator, to execute agreements with National Artists Management Company for performing arts for young people series, copies of which are attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard e ic, Mayor Presented: July 8, 1981 Adopted: July 8, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s7 Mari e Arian rie Wearman, City Clerk ORDINANCE PASSED AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR FOR OPEN SPACE Mr. Nelson stated, the ordinance that you acted on two weeks ago failed to include another parcel that the Salisbury family owned, the ordinance only included; one parcel and they have two parcels. One is valued at $3500.00'and this one is at $2.800.00. When we were preparing the letter to send to them we realized the other parcel had not been included in the prior ordinance. Councilman Hansen stated, is it my clear understanding that this resolution involves a piece of property for condemnation proceedings. Mayor Verbic stated, yes Councilman Water made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: Councilman Hansen. Ordinance Noe G37 -81 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY FOR OPEN SPACE WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to secure Fox River frontage for public open space use; and WHEREAS, in order to secure such Fox River frontage it is necessary to acquire certain property hereinafter legally described for municipal purposes; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, the acquisition of certain property for open space is within . the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That it is hereby determined that certain riverfront property in the City of Elgin, Kane County, Illinois, hereinafter described, be.acquired for such public open space purposes. Section 2. That it is hereby determined that it is necessary and desirable that the City of Elgin shall acquire title to and possession of the following described real property, which property is necessary, required and needed for the purpose of public open space use, lying wholly within the limits of the City of Elgin, to -wit: That part of Lots "B" and "C" of North Park Addition to Elgin lying Northerly of the Northerly line of the right of way of the Chicago and North Western Railway Company, East of a line drawn 198 feet East of and parallel with the West line of said Lot "C" and West of a line drawn 396 feet East of and parallel with the West line of Lot "C " aforesaid, in the City of Elgin, Kane County, Illinois. Section 3. That Leo Nelson, City Manager of the City of Elgin, be and is hereby authorized, empowered and directed to negotiate for and on behalf of the City of Elgin with the owners of the above described real properties for the purchase thereof by the City of Elgin. Section 4. That the City Manager be and is hereby authorized to offer the sum of $2,800 as and for compensation to the owner or owners of the above - described property; said offer shall be in writing. Section S. That in the event the City Manager is unable to agree with the owner or owners of said property as to compensation to be paid therefor, in accordance with the provisions of this ordinance, then title to and 270 VOLUME XLVI possession of said property shall be acquired by the City of Elgin in accordance with the laws of eminent domain of the State of Illinois, and the Corporation Counsel is hereby authorized, empowered and directed to institute appropriate proceedings in any court of competent jurisdiction to acquire title to and possession of said property for the City of Elgin in accordance with the eminent domain laws of the State of Illinois. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 8, 1981 Passed: July 8, 1981 Vote: Yeas 6 Nays 1 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City Clerk ORDI ESTABLISHING FARES AND Councilman Gilliam made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Yeas Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. i Ordinance No; G38 -81 AN ORDINANCE ESTABLISHING FARES AND CHARGES FOR THE TRANSPORTATION OF PERSONS BY MOTOR VEHICLES BY EQUIPMENT AND FACILITIES OPERATED BY THE DEPARTMENT OF PUBLIC TRANSPORTATION OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby established the following schedule of fares for municipal bus service provided by the Department of Trans- portation of the City of Elgin: Routes Within the City of Elgin Fare 50¢ Senior Citizens and Handicapped (with proper I.D:) ZS¢ Students: 1. With Trans r tenon Department Passes t ents o i school age E e ow traveling to and from school between the hours of 6:15 a.m. and 6:00 p.m. 25¢ 2. With School District U -46 Passes to nts UT-Ti sc ool.age an elow traveling to and from school between the hours of 6:15 a.m. and 6:00 p.m, Free Children from age 7 through age 11 25¢ Children age 6 years and younger (when accompanied by a fare paying passenger) Free Elgin Transfers Free RTA Universal Transfer 40¢ (Students, Senior Citizens $ Handicapped 20¢) pentersville $ Barrington, Chicago and Northwestern Adults 50¢ Senior Citizens and Handicapped (with proper I.D.) 25¢ Students /Children 7 - 11 25� Children age 6 and under (with fare paying passenger) Free RTA Transfer 40¢ Reduced Fare RTA Transfer 20� 272 VOLUME XLVI Section 2. That only exact fares shall be accepted on all routes. Section 3. That Ordinance G30 -81 be and is hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after July 13, 1981. s/ Richard L. Verbic Richard L. V—erbic, Mayor Presented: July 8, 1981 Passed: July 8, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Year an rie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN_AGREEMENT WITH PRODUCERS FOUNDATION LTD. FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES Councilman Waters made a motion, seconded by Councilwoman • Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. r VOLUME XLVI 273 RESOLUTION AUTHORIZING AN AGREEMENT WITH PRODUCERS FOUNDATION LTD. FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES BE`IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes Betsy Armistead, Program Coordinator, to execute an agreement with Producers Foundation Ltd. for performing arts for young people series, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard er ic, Mayor Presented: July 8, 1981 Adopted: July 8, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearilin rie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH 'BURNIDGE BIG TIMBER PARK Councilwoman Nelson made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 274 VOLUME XLVI RESOLUTION AITfHORIZING EXECUTION OF AN ANNEXATION AGREII ENT (Burnidge /Big Timber Park) WHEREAS, the owners of record of certain territory described in Exhibit A, rich is attached hereto and made a part hereof, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is contiguous to the City of Elgin and is not a part of any other municipality; and-' WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement,have been heard; and WHEREAS, it is the considered opinion of the corporate authorities ofthe City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 113E CITY OF ELGIN, ILLINOIS; Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in form and substance as filed with the City Clerk with Burnidge Brothers Industrial Park, Inc., a Delaware Corporation and The First National Bank of Elgin, as Trustees under the provisions of a Trust Agreement dated March 15, 1979, known as Trust No. 3622. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ Richard L. Verbic Richard E. VeMc, My—or Presented: July 8, 1981 Adopted: July 8, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman City Clerk VOLUME XLVI 275 Mayor Verbic stated, i want to ask legal counsel if this is appropriate. Counsel.Jentsch stated, the rules provide an act can be reconsidered at the same meeting or the next meeting if a motion is made by a person on the Council who voted for the prevailing side. If Mrs. Nelson voted with the prevailing side then she can make the motion. Councilwoman Nelson made a motion to reconsider the aforementioned resolution, Councilman Kirkland seconded said motion. Councilman Kirkland stated, when we voted on this the last time we were fairly confident, sort of, not really, that everything was going turn out on July 1st. Everything has not turned out, now how does it look, I am interested in what happened to the drivers. Councilman Waters stated, Er.v, on a motion for reconsideration is that a motion that includes discussion, or is it on the motion that is re- considered. Mr. Nelson stated, a further discussion of the RTA situation is on your Committee of the Whole agenda, which I intended discussing with you after this meeting. Mayor Verbic called for a vote on Councilwoman'Nel.son's motion. Yeas: Councilmen Kirkland, Nelson, and Waters. Nays: Councilmen Gilliam, Hansen, Schmidt and Mayor Verbic. AUTHORIZATION FOR PAYMENTS TO VARIOUS INDIVIDUALS UNDER THE RESIDENTIAL REBATE PROGRAM Milda Bruening 621 Hill $2,160.00 Marie Westerman 520 N. Spring 2,073.00 Rosie Fair Brown 303 N. Spring 1,833.00 Phillip Johnson 159 N. Liberty St. 2,148.85 Luella Slatters 543 Raymond St. 2,383.50 Councilman Schmidt made a motion, seconded by Councilman Gilliam, to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Music Theatre International Del imatic Rydin Equipment & Automotive Presentation of West Side Story. Items for concessions operation. Overhaul of Bus 1040 $2,125.00 3,398.12 5,971.76 276 VOLUME XLVI Layne-Western Co. Cost overrun on repairs to Well 5A at Airlite Plant. $4,354.92 F Mr. Nelson pointed out that the payment to Utility Equipment Company to cover a 3 °year "preventive maintenance and repairs to automotive equipment, should corrected read $1,790.03, instead of $1,531.10. Councilwoman Nelson made a motion, seconded by Councilman Hansen, to approve the aforementioned payments, subject to the amended payment to Utility Equipment Company. Yeas: Councilmen Gilliam, Hansen, Kirkland,: Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Parking Lot Revenues 6/1/80 through 5/31/81. Public Property & Recreation Board Minutes - June 16, 1981 City Traffic Committee Minutes - June 4,- 1981 Councilman Kirkland made a motion, seconded by Councilman Waters, to place the aforementioned reports on file. - Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson., Schmidt, Waters and Mayor Verbic. Nays. None. . ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. l ADJOURNMENT There being no further business to come before the Elgin City Council; Councilman Gilliam made a motion, seconded by Councilman Hansen, to adjourn the 'meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 12.20 P.M Marie Yearmarq City C er VOLUME XLVI July 22, 1981 277 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT ,REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on July 22, 1981, at 8:10 P.M., in the Council Chambers of City Hall. The meeting was called to order by Councilman Gilliam. The Invocation was given by Father Gilbertson of the Church of the Redeemer and the Pledge of Allegiance was led by Councilman Hansen. ROLL CALL Roll call was answered by Councilmen G- illiam, Hansen, Kirkland, Nelson, Schmidt and Waters. Absent: Mayor Verbic. APPOINTMENT OF MAYOR PRO -TEM Councilman Schmidt made a motion, seconded by Councilwoman Nelson, to appoint Councilman Gilliam Mayor Pro Tem for this evening's meeting. Yeas; Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Waters. Nays: None. COMMUNICATIONS Mark Seigle, representing Elgin Lumber & Supply Company, appeared before the Council and stated, I would like to take just a moment of your time to distribute two items. The.first of which: is a brief history of our company, founded in 1881 by H. Lee. Borden, the elder son of Gail Borden, and purchased in 1941 by my father, Harold Seigle. The second item are commemorative ash trays depicting the original letterhead of our corporation. Mayor Pro Tem Gilliam staged, Mayor Verbic and the Council had a proclamation prepared', which I would like to read on. behalf of the City of Elgin to the Elgin Lumber Company. WHEREAS', in 1881 the Elgin Lumber and Supply Company was founded by the sone of Gail Borden, H. Lee Borden, along with two partners in order to provide for the supply of lumber and building materials for the rapid growth of the neighborhoods and industries in the City of Elgin; and WHEREAS, the Elgin Lumber and Supply Company has since 1881 thrived in the City of Elgin by providing quality lumber, building materials, hardware and related merchandise to the 'builders, industries and citizens of Elgin and thereby throughout those years, fostered the growth and development of the Elgin community; and WHEREAS, this year 1981 marks the 100th Anniversary of the Elgin Lumber and Supply Company. BE IT HEREBY RESOLVED AND PROCLAIMED BY THE MAYOR: 278 VOLUME XLVI That the Elgin Lumber and Supply Company be honored and congratulated on its 100th Anniversary of doing business in the City of Elgin; and 2. That the Elgin Lumber and Supply Company be duly recognized for the vital role it has played in the Elgin economy and the Elgin construction industry; and 3. That the Official History prepared by the Elgin Lumber and Supply Company on its 100th Anniversary "Celebration be attached hereto and made a part of the official record of the City of Elgin. IN WITNESS WHEREOF, I, Richard L. Verbic, Mayor of the City of Elgin, Illinois, hereunto affixed my signature on this 22nd day of July, 1981. BID REJECTED FOR 1981 VEHICLE LICENSE APPLICATION FORMS Mr. Nelson stated, we just passed a memo out to you from the Purchasing Director, indicating that we should probably reject this bid. In discussion with the Corporation Counsel this afternoon felt that the two day period beyond the bid time and date, was probably more than an informality,and that we should reject the bid and rebid these license application forms. Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to reject the bids and rebid. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays; None. BID AWARDED FOR DOUGLAS AVENUE STREETSCAPE Councilman Waters made a`moti'on seconded by Councilman Schmidt, to award the bid for general construction to Illinois Hydraulic Construction, subject to confirmation of the telephone conversation with Alliance Contractors regarding their bid. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Councilman Kirkland made a motion, seconded by Councilman Hansen, to award the bid for pedestrian paving to Northern Illinois Terrazzo & Tile. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. BID AWARDED FOR REPLACEMENT OF CURB & GUTTER AND SIDEWALK IN NEIGHBORHOOD STRATEGY AREA Councilman Waters made a motion, seconded by Councilman Kirkland, to award the bid for replace of curb & gutter and sidewalk in Neighborhood Strategy Area, to the low bidder, Lake Park Construction, Inc., subject to a unit price not to exceed $80,000. Yeas: Councilmen Hansen, Kirkland,.Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. VOLUME XLVI BID AWARDED FOR SIDEWALK IMPROVEMENTS AT GAIL BORDEN PUBLIC LIBRARY 279 Councilwoman Nelson made a motion, seconded by Councilman Hansen, to award the bid, for sidewalk improvements at the Gail Borden Public Library, to the low bidder, Hinchee Construction Company of West Chicago, for a bid price of $1,982.00. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Verbic. Nays: None. LIC HEARING TO CONSIDER Corporation Counsel Jentsch stated, if you will recall last year the City of Elgin annexed certain property, and approved an annexation agreement, which contemplated development of the property as a K Mart site. Following that there was a suit filed by the neighboring property owners, challenging the zoning, and thereafter K Mart withdrew from their development plans. The parties have now agreed that it is in our mutual best interest to restore the property to a status prior to our annexation and the hearing that we are holding tonight is to consider rescinding 4 the annexation agreement. If we rescind the annexation agreement the property would be disconnected from the city. We have already received the required petition from the owners, and the owners have also signed the copy of the agreement rescinding the annexation agreement. I was advised by telephone today by the attorney for the developer that he has also signed the agreement rescinding the annexation agreement and he will forward it. With all of that I don't believe there will be anyone here to testify at this hearing. Bill Werst of 2245 South Street stated, I am not here to oppose the motion this evening. I would just like to point out one thing, with the resolution that you have before you the property at that location in the long range land use plan is zoned for commercial use, and if you adopt the resolution authorizing the execution of this rescinding agreement, you should take another look at that piece of property and raise the zoning to the highest and best use as you have done with the adjoining property, which is urban residential. Councilman Water s: made .a motion, seconded by Councilman Kirkland, to close the public hearing. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None, RESOLUTION ADOPTED AUTHORIZING EXECUTION Councilwoman Nelson made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. 280 VOLUME XLVI RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT RESCINDING ANNEXATION AGREB04T WITH DONALD STEWART, HELEN B. BUSSE AND DOROTHY B BESSE WHEREAS, on August 28, 1980 the City of Elgin, a municipal corporation, entered into an annexation agreement with Donald Stewart, developer, and Helen B. Busse and Dorothy B. Hesse, owners of record, for the annexation of certain property described in Exhibit A, attached hereto; and WHEREAS, the parties to said annexation agreement have mutually agreed to rescind said annexation agreement; and WHEREAS, the corporate authorities of the City of Elgin conducted a public hearing concerning the proposed agreement of the parties to rescind the annexation agreement, after due notice in the manner provided by law; and WHEREAS, it is in the best interest of the City of Elgin to rescind the annexation agreement described above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed, on behalf of the City of Elgin, to execute and affix the city seal to an agreement, a copy of which is attached hereto, rescinding the above described annexa- tion agreement, s/ Rmbert Gilliam ct :ert i • %tam, ayor ro em Presented: July 22, 1981 Adopted: July 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie daman rie Yearman, Cif' y C e VOLUME XLVI TION 15 -81 TO- B -3 SERVI BUS 281 Jerry Deering stated, Petition 15 -81 concerns property located'on the north side of Highland Avenue between Washington and Mountain Streets. The proposed community service facility is more specifically a group home~ for children. Both the Community Development Department and the Land Use Committee have recommended the approval of this petition, subject to the following: 1. That`the number of children residing at the group home be limited to seven. - 2. That at least three professional staff members be present at the group home during the day and at least one at night. 3• That the establishment of the group home use comply with all other applicable city codes and ordinances. Michael Horwitz, Executive Director of Larkin Home, stated, I just wanted to explain .very briefly about the type of facility we plan, and then to answer any questions you may have. You might be aware that this is our fifth group home in the City of Elgin. 1 would trust that you would find the four previous sites to have been greatly improved from the time that we purchased them. We operate a small group facility for seven children; maximum, we are licensed by the Department of Children and Family Service on a yearly basis. We will provide all the off - street parking and recreational areas necessary, and all the children will be educated at the Larkin Home facility, either on Larkin Avenue or in a school that we have just purchased in Oarpentersville. Again it is -a small group facility, and if l can answer any questions I would be most pleased. Councilman Schmidt stated, I don't quite agree with a couple of your statements, although I am in..-favor of this facility, I happen to live in the area where there is one on the corner of 'North and College, and 1 have here in front of me, which was brought over last evening, a petition signed by the neighbors, requesting that signs be placed along North Street near Dundee Avenue and near College, stating', slow children at play. Those seven children have to play in the street, you have no facilities for a playground, and "I see no playground facilities for this one on Highland Avenue. Mr. Horwitz stated, the one on College is a smaller parcel of property, we also have that same problem with our facility on Plum Street, the advantage there is that we have a park two blocks up. our facility on Highland is right next door to a parcel that we already own, which is currently a group home located on a parcel and one-half. We chose this piece of property for the reason that we will have that yardage 282 VOLUME XLVI in back. The property on College is probably the most limited that we have and l could not argue with that. Councilman Schmidt stated, I am wondering Mr. Nelson if perhaps could turn this petition over to the Traffic Committee and let them see if it is.feasible to put these signs up, which I think is good, its protection for the children. Councilwoman Nelson stated, how about the children that are already there on Highland, do they not go to Grant School. Mr. Horwitz stated, the ones that can go to public school and that is always our first choice, the ones who can attend public school, certainly do. We have been fortunate working with U -46 that when a child attends our on- ground school and is thus making progress and we see that he or she might be able to attend one class, we will send them over, in this case to Grant School, and they have been very receptive in taking them. The goal of all our treatment is to get the child back home. At our Highland property which we already own, there is one child which attends Abbott school, because he has been able to progress through the system. Mrs. Nelson stated, I do not favor the group homes being all in Elgin, why do you not have some in Aurora and in Dundee, and other places. Mr. Horwitz stated, we have been limited by the fact that our school has been located here. Councilwoman Nelson stated, how about the old Larkin Home is that all offices now. Mr. Horwitz stated, no that is where our school is. Councilwoman Nelson stated., I am sorry I have to vote no because feel you are getting 'too many children on a State highway and I don't like the fact that you are doubling them up on some streets and in some schools. Councilman Schmidt stated, is it true that these children come from the State of Illinois. Mr. Horwitz stated, we accept children State -wide. Most of the children now seem to be coming frowthy suburban areas, which has been a transition over the years. Councilman Hansen stated, what are your plans for the Carpentersville facility. Mr. Horwitz stated, we are hoping to be able to use that for six classrooms, right now out school operates with ten. We are getting more referrals into our day treatment program, where the children come during the day for the educational and therapeutic component and then go home at night. VOLUME XLVI 283 Mr. Nelson stated, I think that one of the reasons they decided to buy the home next to their present facility is because they were having a good experience in that neighborhood and the neighbors had not objected at all. Councilman Kirkland made a motion, seconded by Councilman Waters, to approve Petition 15-81. Yeas: Councilmen Hansen, Kirkland, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: Councilwoman Nelson. PETITION 16-81 TO REZONE FROM R ®2 SINGLE FAMILY ®APPROVED Jerry Deering stated, Petition 16-81 concerns property located on the west side of North Belmont Street, the property being located immediately south of and adjacent to St. Joseph Hospital. The proposed use of the subject property is office and both the Community Development Department and the Land Use Committee have recommended the approval of this petition.' Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to approve Petition 16-81. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. ORDINANCE PASSED REMOVING PARKING RESTRICTIONS ON JACKSON STREET WEST SIDE, FROM CHICAGO STREET' TO HIGHLAND AVENUE Councilman Kirkland made a motion, seconded by Councilman Schmidt, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. 284 VOLUME XLVI Ordinance No. G41 -81 AN ORDINANCE REMVING PARKING RESTRICTIONS ON JACKSON STREET, WEST SIDE, FROM CHICAGO STREET TO HIGH" AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.36.050 of Chapter 11.36, Title 11, of the Elgin Municipal Code, 1976, as amended, is hereby further amended by deleting from the list of designated streets where parking is restricted the following: "Jackson Street, west side, between Chicago Street and Highland Avenue from six a.m. to six p.m., Monday through Saturday." 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 from and after its passage, approval and publication as provided by law and shall be published in pamphlet form by authority of the City Council. s Robert Gilliam Robert G i- :'i ala, Ni,)(6r Pro Tem Presented: July 22, 1981 Passed: July 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie d= rie Yearman, City Cler RESOLUTION ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. f.M RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS that Leopold A. Goldschmidt be and is hereby appointed as a member of the Planning Commission, for a term to expire July 1, 1984. BE IT FURTHER RESOLVED that Sue Moylan be and is hereby appointed as a member of the Planning Commission, for a term to expire July 1, 1984; BE IT FURTHER RESOLVED that Robert Hill be and is hereby appointed as a member of the Planning Commission, for a term to expire July 1, 1984, BE IT FURTHER RESOLVED that Tom Ryan be and is hereby appointed as "a member of the Land Use Commission, for a term to expire July 1, 1984° BE IT FURTHER RESOLVED that Jack Peterson be and is hereby appointed as a member of the Land Use Commission, for a term to expire July 1, 1984° BE IT FURTHER RESOLVED that Robert Lo Bayler be and is hereby appointed as a member of the Board of Fire and Police Commissioners, for a term to expire May 1, 19840 BE IT FURTHER RESOLVED that Harvey Saxe be and is hereby appointed as a member of the Civil Service Commission, to fill the unexpired term of John Krikau; BE IT FURTHER RESOLVED that Betty Brown be and is hereby appointed as a member of the Hemmens Advisory Board, for a term to expire May 1, 1984. BE IT FURTHER RESOLVED that Bonnie Cecil be and is hereby appointed as a member of the Hemmens Advisory Board, for a term to expire May 1, 1984, BE IT FURTHER RESOLVED that Dick Collins be and is hereby appointed as a member of the Hemmens Advisory Board, for a term to expire May 1, 19840 BE IT FURTHER RESOLVED that Dean Chipman be and is hereby appointed as " a member of the Hemmens Advisory Board, for a term to expire May 1, 19840 BE IT FURTHER RESOLVED that He Clayton`Wood be and is` hereby appointed as a member of the Hemmens Advisory Board, to fill the unexpired term of Betty Klink. BE IT FURTHER RESOLVED that Edward Cohen be and is hereby appointed as a member of the Board of Health, for a term to expire May 1, 1984. BE IT FURTHER RESOLVED that Carl Jepson be and is hereby appointed as a member of the Board of Examiners of Stationary Engineers, for a term to expire May 1, 19830 BE IT FURTHER RESOLVED that Art Leveren2 be and is hereby appointed as a member of the Board of Examiners of Stationary Engineers, for a term to expire May 1, 1983, BE IT FURTHER RESOLVED that Stuart Ryder be and is hereby appointed as a member of the Elgin Beautification Commission, for a term to expire May 1, 1984. ,E BE IT FURTHER RESOLVED that Dorothy Kramer be and is hereby appointed as a member of the Elgin Beautification Commission, for a term to expire May 1, 1983. BE IT FURTHER RESOLVED that Shirley Simon be and is hereby appointed as a member of the Elgin Beautification Commission, for a term to expire May 1, 1983. BE IT FURTHER RESOLVED that Mary Judd be and is hereby appointed as a member of the Elgin Beautification Commission, for a term to expire May 1, 1983. BE IT FURTHER RESOLVED that James Knowles be and is hereby appointed as a member of the Greater Downtown Elgin Commission, for a term to expire May 1, 1983. BE IT FURTHER RESOLVED that Jean Stowell be and is hereby appointed as a member of the Greater Downtown Elgin Commission, for a term to expire May 1, 1983. BE IT FURTHER RESOLVED that Dorothy Cochran be and is hereby appointed as a member of the Greater Downtown Elgin Commission, for a term to expire May 1, 1983. BE IT FURTHER RESOLVED that Milton Perlman be and is hereby appointed as a member of the Greater Downtown Elgin Commission, for a term to expire May 1, 1983. BE IT FURTHER RESOLVED that Wilbur Daniel be and is hereby appointed as a member of the Parks and Recreation Board, for a term to expire May 1, 1983. BE IT FURTHER RESOLVED that Henry Smart be and is hereby appointed as a member of the Parks and Recreation Board, for a term to expire May 1, 1984. BE IT FURTHER RESOLVED that James Hamrin be and is hereby appointed as a member of the Parks and Recreation Board, for a term to expire May 1, 1984. BE IT FURTHER RESOLVED that Richard Hampton be and is hereby appointed as a member of the Parks and Recreation Board, for a term to expire May 1, 1984, BE IT FURTHER RESOLVED that Roger Tredup be and is hereby appointed as a member of the Parks and Recreation Board, for a term to expire May 1, 1983, s/ Robert Gilliam o ;ert , 'r j -ram,- ayor ro em VOLUME XLVI Presented; July 22, 1981 Adopted July 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearian Marie Yearman, City Clerk - ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN tLocated on Big Timber Roa 287 Councilman Waters made a motion, seconded by Councilman Schmidt, to pass the aforementioned ordinance, Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam, Nays: None. Ordinance No. 52 -81 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Located on Big Timber Road) WHEREAS, a petition signed by all the owners of record of certain territory has been filed with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and WHEREAS, said petition includes therein a statement under oath by all the owners of record that no electors reside on the subject territory; and WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate limits of any municipality; and WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been forwarded to all public bodies required to receive said notice. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the territories and lands described as follows be and are annexed to and made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged and extended to include in the corporate boundaries of the City of Elgin said territory: That part of the South Half of Section 4, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of a tract of land conveyed to Lora E. Traeger by deed dated August 30, 1961 and recorded September 7, 1961 in Book 2098, page 408, as Document No. 958219, being also a point on the Northerly right of way line of the Chicago, Milwaukee. St,. Paul and Pacific Railroad; thence Northwesterly along said Northerly right of way line, a distance of 481.51 feet for the place of beginning; thence Northeasterly parallel with the Westerly line of a tract of land conveyed to Lora E. Traeger, as aforesaid, a distance of 1007.85 feet to the center line of Big Timber Road; thence Northwesterly along the center line of Big Timber Road; a distance of 204.35 feet; thence continuing Northwesterly along said center line, being along a curve to the right having a radius of 5100.09 feet and being tangent to the last described course, a distance of 105.0 feet; thence continuing. Northwesterly along said center line, being tangent to the last des - cribed curve, a distance of 707.95 feet to the West line of the South- east Quarter of Section 4, Township and Range aforesaid; thence South - erly along said West line, a distance of 485.51 feet to the Northeast corner of the Southeast Quarter of the Southwest Quarter of said Section 4; thence Westerly along the North line of the Southeast Quarter of the Southwest Quarter of said Section 4, a distance of 1246.82 feet to the center lane of Randall Road; thence Southerly along said center line, a distance of 50.0 feet, this course herein - after referred to as Line "A "; thence Easterly, a distance of 240.28 feet to a point on a 'Line that is 238.88 feet Easterly of (measured at right angles thereto) and parallel with Line "A ", as aforesaid, extended Southerly, said point being 680.89 feet Northerly of (measured along said parallel line) the Northerly right of way line of the Chicago, 289 VOLUME XLVI Milwaukee, St. Paul and Pacific Railroad; thence Southerly along said parallel line, a distance of 680.89 feet to the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence Southeasterly along said Northerly right of way line, a distance of 271.75 feet to a jog in said Northerly right of way line; thence Southwesterly along said jog, being at right angles to the last described course, a distance of 33.0 feet; thence Southeasterly along said Northerly right of way line, being at right angles to the last described course, a distance of 940.72 feet to a jog in said Northerly right of way line; thence North- easterly along said jog, being at right angles to the last described course, a distance of 25.0 feet; thence Southeasterly along said Northerly right of way line, being at right angles to the last described course, a distance of 197.0 feet to a jog in said Northerly right of way line; thence Southwesterly along said jog, being at right angles to the last described course, a distance of 25.0 feet; thence South- easterly along said Northerly right of way line, being at right angles to the last described course, a distance of 291.82 feet to the place of beginning. Being situated in Elgin Township, Kane County, Illinois, and containing 41.439 Acres more or less. Section 2. That a certified copy of this ordinance together with an accurate map of said territories shall be filed with the Recorder of Deeds, Kane County, Illinois. Section 3. That this ordinance shall be in full force and effect from and after its passage as provided by law. s/ Robert Gilliam Rom t G"i',14+6ffi; Mayor Pro Tem Presented: July 22, 1981 Passed: July 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: yAttest: s/ Marie Yea man rie Yearman, City Cler ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY Locate on Big Tem er Roa Councilman Waters made a motion, seconded by Councilwoman Nelson, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. Ordinance No. G39 -81 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Located on Big Timber Road) WHEREAS, the territory herein described has been annexed to the City of Elgin pursuant to the terms of an annexation agreement between the City of Elgin and the owners of record of said territory; and WHEREAS, the annexation agreement concerning said territory provides that the City of Elgin shall proceed to classify the territory in accordance with its terms; and WHEREAS, all required public hearings have been conducted and all notices required to be given by law have been given. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by including in M -1, Limited Manufacturing, the following described property: That pa -tt--of the South H'Ya f of Section 4, Township 41 North, Range 8 East of the Third Principal,Meridian, described as. follows: Commencing.at the.Southwest- corner of a tract of4laiid conveyed to Lora E. Traeger by deed dated August 30, 1961 and recorded September 7, 1961 in Book =2098, page 408, as Document No. 958219, being also a point on the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence Northwesterly along said Northerly right of way line, a distance of 481.51 feet for the place of beginning; thence Northeasterly parallel with the Westerly line of a tract of land conveyed to Lora E. Traeger, as aforesaid, a distance of 1007.85 feet to the center line of Big Timber Road; thence Northwesterly along the center line of Big Timber Road; a distance of 204.35 feet; thence continuing Northwesterly along said center line, being along a curve to the right having a radius of 5100.09 feet and being tangent to the last described course, a distance of 105.0 feet; thence continuing Northwesterly along said center line, being tangent to the last des- cribed curve, a distance of 707.95 feet to the West line of the South- east Quarter of Section 4, Township and Range aforesaid; thence South- erly along said West line, a distance of 485.51 feet to the Northeast corner of the Southeast Quarter of the Southwest Quarter of said Section 4; thence Westerly along the North line of the Southeast Quarter of the Southwest Quarter of said Section 4, a distance of 1246.82 feet to the center line of Randall Road; thence Southerly along said center line, a distance of 50.0 feet, this course herein - after referred to as Line "A "; thence Easterly, a distance of 240.28 feet to a point on a line that is 238.88 feet Easterly of (measured at right angles thereto) and parallel with Line "A ", as aforesaid, extended Southerly, said point being 680.89 feet Northerly of (measured along said parallel line) the Northerly right of way line of the Chicago, 291 VOLUME XLVI Milwaukee, St. Paul and Pacific Railroad; thence Southerly along said parallel line, a distance of 680.89 feet to the Northerly right of way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence Southeasterly along said Northerly right of way lane, a distance of 271.75 feet to a jog in said Northerly right of way line; thence Southwesterly along said jog, being at right angles to the last described course, a distance of 33.0 feet; thence Southeasterly along said Northerly right of way line, being at right angles to the last described course, a distance of 940.72 feet to a jog in said Northerly right of way line; thence North- easterly along said jog, being at right angles to the last described course, a distance of 25,0 feet; thence Southeasterly along said Northerly right of way line, being at right angles to the last described course, a distance of 197.0 feet to a jog in said Northerly right of way line; thence Southwesterly along said jog, being at right'angles to the last described course, a distance of 25,0 feet; thence South- easterly along said,Northerlly right oflway, line being",at'right angles to the last described course, a distance of 291.82 feet "to the place of,beginning. Being situated in Elgin Township, Kane County, Illinois, and containing 41.439 Acres more or less." Section 2. That this,ordinance shall be in full force and effect ten days after its passage and approval and shall be published in pamphlet form by authority of the City Council, s/ Robert Gilliam obe>r t i i tala7w Mayor Pro Tem Presented. July 22, 1981 Passed: July 22, 1981 Vote: Yeas 6 Nays 0 . Recorded: Published; Attest: s/ Marie Year an Marie Barman, City Cler LOTION ADOPTED DECLARING KEN ses Councilman Kirkland made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas. Councilmen Hansen, . Kirkland,,Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays None, RESOLUTION DECLARING KENILWORTH OAKS UNITS 1 $ -2 TO BE A PUBLIC NUISANCE (Casa Linda Townhouses) WHEREAS, inspections of the premises located on the property herein- after described have been made by inspectors of the Department of Health and Housing of the City of Elgin; and and WHEREAS, said premises consist of fourteen apartment buildings; WHEREAS, said structures are in a state of disrepair, infested with roaches and constitute a fire hazard; and WHEREAS, the premises are dangerous and unsafe and constitute a threat to the public health, safety and welfare of residents of the City of Elgin; and WHEREAS, the owners of said premises have .failed to comply with notices to repair the above described structures, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the buildings located on the property legally described as: That part of the Southwest Quarter of Section 18, Township 41 North, Range 9 East, described as follows: Commencing at the Northeast corner of Willard Avenue and Sharon Court for a point of beginning;,thence Northerly along the East right -of -way line, of Willard Avenue, 448.99 feet to the North boundary line of subject Kenilworth Oaks; thence Easterly along said. North boundary. line 610,12 feet to the Northeast corner of subject Kenilworth Oaks, a point on the West right -of -way line of Sadler Avenue; thence Southerly along said West right -of -way line 582.75 feet to the Southeast corner of subject Kenilworth Oaks; thence Westerly along the South boundary line of Kenilworth Oaks 621.87 feet to the East right -of -way line of Willard Avenue; thence Northerly along said East right -of -way line 160.05 feet to the point of beginning; all within the City of Elgin, Hanover Township, Cook County, Illinois, commonly known,as the Casa Linda Townhouses, are hereby declared to be a public nuisance. Section 2. That the owner or person in control of said premises is hereby directed to abate said public nuisance by putting the buildings located upon the above described property in a safe condition or demolish them within thirty (30) days of receipt of a copy of this resolution, _ Section 3. That the City Clerk is hereby directed to mail certified copies of this resolution to the owner of record and lien holders of record. 293 VOLUME XLVI Section 4. That upon failure of the owner or lien holders of record to abate the public nuisance described herein, the Corporation Counsel be F and is hereby directed to apply to the Circuit Court of Cook County for an order authorizing the demolition of the structures described above in accordance with the provisions of Section 11 -30 -1 of Chapter 24 of the Illinois Revised Statutes. s/ Robert Gilliam o ert.,Gi =fTiam, Mayor Pro iem Presented: July 22, 1981 Adopted: July 22,.1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year n rie Yearman, City Cler ORDINANCE PASSED RECLASSIFYING CERTAIN PROPERTY LOCATED ON WING BIRD CRYSTAL AND PI E STREETS AND GRANTING A SPECIAL USE FOR A PUBLIC SERVICE FACILITY Counsel Jentsch stated, this matter was before the Council quite some time ago and the minutes indicate the Council approved the petition. For reasons unknown the ordinance was never prepared and passed. We thought it was appropriate to prepare it and formally act upon it. Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. Ordinance No. G40 -81 AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED ON WING, BIRD, CRYSTAL AND PINE STREETS AND GRANTING A SPECIAL USE FOR A PUBLIC SERVICE FACILITY WHEREAS, written application has been made to reclassify the premises located on Wing, Bird, Crystal and Pine Streets from M -1, Limited Manufac- turing District, to R -3, Two Family Residence District, with a special use for a public service facility on a portion of the property; and WHEREAS, the Land Use Committee conducted a public hearing after due notice as required by law and has recommended the granting of the requested reclassification and special use; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the recommendations of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding therein the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from M -1, Limited Manufacturing District, and including in R -3, Two Family Residence District, the follow- ing described property: Lots 1 and 2, and the Westerly 48 feet of Lot 3 of Block 3 of Becklinger's Addition, Southwest quarter of Section 11, in the City of Elgin, Kane County, Illinois and Lots 1 and 2 of Block 5 of Summit Addition, Southwest quarter of Section 11, in the City of Elgin, Kane County, Illinois. Lot 32, excepting the Westerly 66 feet of the Southerly 137.66 feet, of the Sears Addition, Southwest Quarter of Sec- tion 11, in the City of Elgin, Kane County, Illinois. Lots 1, 2, 3, 4, S, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 31 and the westerly 66 feet of the Southerly 137.66 of Lot 32, of the Sears Addition, Southwest Quarter of Section 11, in the City of Elgin, Kane County, Illinois. Lots 4, 5 and the Westerly 16 feet of Lot 3 of Block 3 of Becklinger's Addition, Southwest Quarter of Section 11, in the City of Elgin, Kane County, Illinois. Lots 3, 4 and 5 of Block 5 of the Summit Addition, Southwest Quarter of Section 11, in the City of Elgin, Kane County, Illinois." 295 VOLUME XLVI Section 2. That the City Council of the City of Elgin hereby finds and determines that the proposed special use is necessary for the public conveni- ence at the location proposed in continuing the use of the facility lawfully established at said location without incurring great public expense in relo= cating such use; That the City Council further finds and determines that the proposed special use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected and that the proposed special use Will not cause substantial injury to the value of other property in the neigh- borhood in which it is located for the reason that said use was lawfully esta- blished under the prior zoning classification and has continued in existence for a long period of time without endangering the public health, safety and welfare and without substantial injury to surrounding property. Section 3. That a special use is hereby granted for the maintenance of a transportation facility upon the following described property: Lots 1 and 2, and the Westerly 48 feet of Lot 3 of Block 3 of Becklinger's Addition, Southwest quarter of Section 11, in the City of Elgin, Kane County, Illinois and Lots 1 and 2 of Block 5 of Summit Addition, Southwest quarter of Section 11, in the City of Elgin, Kane County, Illinois. Lot 32, excepting the Westerly 66 feet of the Southerly 137.66 feet, of the Sears Addition, Southwest Quarter of Sec- tion 11, in the City of Elgin, Kane County, Illinois. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Robert Gilliam Rs "-t -G i1cl:0am, :FF br Pro Tem Presented: July 22, 1981 Passed: July 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: 1f�..yt ka� s/ Marie Yea an Marie Yearman, City Clem VOLUME XLVI ACCEPTANCE OF UTILITIES IN BENT TREE VILLAGE 296 Councilman Kirkland made a motion, seconded by Councilman Hansen, that the underground utilities (storm sewer, sanitary sewer and Watermain.) located in Bent. Tree Village, be accepted by the. City of Elgin for future maintenance. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. ACCEPTANCE OF UTILITIES IN WILLIAMSBURG COMMONS, UNIT No. Councilman Kirkland made a motion, seconded by Counci that the underground utilities (storm sewer, sanitary watermain) located in Williamsburg Commons, Unit No. accepted by the City of Elgin for future maintenance. Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters Pro Tem Gilliam. Nays: None. SOLUTION ADOPTED APPROV ]woman Nelson, sewer and 1, be Yeas: and Mayor Councilman Schmidt made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution.. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. 297 VOLUME XLVI RESOLUTION APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH LAMP, INC. FOR CONSTRUCTION OF A PARKING FACILITY NIHEREAS, the City of Elgin has heretofore entered into a contract with Lamp, Inc. for construction of a parking facility; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order Number 3, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to-execute Change Order Number 3, a copy of which is attached hereto and made a part hereof by reference. s/ Robert Gilliam Kooert O i t. J taiq -, mi iy r ' rro iem Presented: July 22, 1981 Adopted:` July 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearm n Marie earman, City er ORDINANCE PASSED PROVIDING FOR THE AC UISITION OF CERTAIN PROPERTY FOR THE TYLER CREEK DETENTION FACILITY FOR FLOOD CONTROL PURPOSES Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. Ordinance G43 -81 AN ORDINANCE PROVIDING FOR THE ACQUISITION OF CERTAIN PROPERTY FOR THE TYLER CREEK DETENTION FACILITY FOR FLOOD CONTROL PURPOSES WHEREAS, it is necessary and desirable to construct a storm water detention facility to alleviate flooding in the Tyler Creek Watershed; and WHEREAS, it is necessary and desirable to acquire certain property, hereinafter legally described, for such purposes; and WHEREAS, the City of Elgin is a home rule unit within the meaning` of Article VII of the Constitution of the State of Illinois authorized and empowered to perform any function and exercise any power pertaining; to its government and affairs; and WHEREAS, flood control is a matter within the government and affairs of the City of Elgin; and WHEREAS, pursuant to applicable law the City of Elgin may purchase or condemn, by the exercise of the right of eminent domain, all real estate needed for the purposes described, either within or without the corporate limits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That it is hereby determined that certain real property located in unincorporated Kane County, Illinois, hereinafter described, be acquired for the purpose of constructing a storm water detention facility to alleviate flooding in the Tyler Creek Watershed. Section 2. That it is hereby determined that the City of Elgin shall acquire title to and possession of the following described real property, which is necessary, required and needed for the purpose of constructing a storm water detention facility, lying within unincorporated Kane County, Illinois: PARCEL 1 That part of the Northeast Quarter of Section 8 and that part of the Northwest Quarter of Section 9, all in Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at a point on the North line of said Northeast Quarter of Section 8 which is 1139.38 feet West of the Northeast corner thereof; thence South, a distance of 1078.0 feet; thence East, a distance of 750.0 feet; thence North 9 degrees 00 minutes East, to the Northerly line extended Northwesterly of Fletcher Drive as platted in Oak Creek, being a subdivision of part of the Northeast Quarter of Section 8 and part of the Northwest Quarter of Section 9, Township and Range afore- said; thence Southeasterly along said extension of Fletcher Drive, to the Southwest corner of Lot 2 in said Oak Creek; thence Northeasterly along the Westerly line of said Lot 2 and along said Westerly line extended Northeasterly, to the North line of the Northwest Quarter of said Section 9; thence Westerly along said North line to the Northwest corner thereof; thence Westerly along the North 'line of the Northeast Quarter of Section 8 aforesaid, a distance of 1139.38 feet to the point of beginning, (except that part of the Southeast Quarter of f Section 5 and part of the Northeast Quarter of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Southeast Quarter; thence Easterly along the South line of said Southeast Quarter 1087.02 feet; thence Northeasterly along a line which forms an angle of 37 degrees 26 minutes 54 seconds to the left with the prolongation of the last described course, 202.30 feet.for the point of beginning; thence Southeasterly along a line which forms an angle of 66 degrees 39 minutes 45 seconds to the right with the prolongation of the last described course, 464.24 feet; thence Northeasterly at right angles to the last described course, 400.0 feet; thence Northwesterly at right angles to the last described course, 464.24 feet; thence Southwesterly at right angles to the last described course 400.0 feet to the point of beginning) in the Township of Elgin, Kane County, Illinois, ALSO That part of the Southwest Quarter of Section 4 and that part of the Southeast Quarter of Section 5, all in Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Southwest corner of the Southwest Quarter of said Section 4; thence Easterly along the South line of said Southwest Quarter to the point of intersection of said South line with the Westerly line extended Northeasterly of Lot 2:in -Oak Creek, being a subdivision of part of the Northeast Quarter of Section 8 and part of the Northwest Quarter of Section 9, Township and Range afore- said; thence Northerly parallel with the West line of said Southwest Quarter of Section 4, to a point on a line which is parallel with and 90 feet Southwesterly of (as measured at right angles) the Southerly right of way line of the Chicago and Northwestern Transportation Company; thence Southeasterly along said parallel line to the Westerly line of a parcel of land conveyed to the County of Kane by Quit Claim Deed recorded April 3, 1978 as document 1450703; thence Northeasterly along said Westerly line, to the Southerly right of way line of the Chicago and Northwestern Transportation Company; thence Northwesterly along said Southerly right of way line, a distance of 2416.24 feet, more or less, to the West line of the East Half of the Southeast Quarter of Section 5 aforesaid; thence Southerly along said West line, a distance of 660.24 feet to a point which is 142.77 feet North of the Southwest corner of the East Half of said Southeast Quarter; thence Southeasterly, a distance of 298.74 feet to a point on the South line of the Southeast Quarter which is 264.57 feet East of the Southwest corner of the East Half of said Southeast Quarter; thence Easterly along said South line, a distance of 1069.93 feet to the point of beginning, (except that part of the Southeast Quarter of Section 5 and part of the Northeast Quarter of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Southeast Quarter; thence Easterly along the South line of said Southeast Quarter 1087.02 feet; thence Northeasterly along a line which forms an angle of 37 degrees 26 minutes 54 seconds to the left with the prolongation of the last described course, 202.30 feet for the point of beginning; thence South- easterly along a line which forms an angle of 66 degrees 39 minutes 45 seconds to the right with the prolongation of the last described course, 464.24 feet; thence Northeasterly at right angles to the last described course, 400,0 feet; thence Northwesterly at right angles to the last described course, 464,24 feet; thence Southwesterly at right angles to the last described course, 400.0 feet to the point of beginning), in the Township of Elgin, Kane County, Illinois, PARCEL 2 That part of the Southeast Quarter of Section 5 and part of the Northeast Quarter of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Southeast Quarter; thence Easterly along the South line of said Southeast Quarter 1087.02 feet; thence Northeasterly along a line which forms an angle of 37 degrees 26 minutes 54 seconds to the left with the prolongation of the last described course, 202.30 feet for the point of beginning; thence Southeasterly along a line which forms an angle of 66 degrees 39 minutes 45 seconds to the right with the prolongation of the last described course, 464,24 feet; thence Northeasterly at right angles to the last described course, 40080 feet; thence Northwesterly at right angles to the last described course, 464.24 feet; thence Southwesterly at right angles to the last described course 400.0 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. PARCEL 3 That part of the Southeast Quarter of Section 5, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of Section 8, Township and Range aforesaid; thence North 89 degrees 54 minutes West along the South line of said Section 1065,24 feet; thence North 875.82 feet to the Northeasterly comer of Lot 14 in Block 3 of Third Addi- tion to Almora Heights; thence North 74 degrees 06 minutes West 2114.2 feet; thence North 13 degrees 22 minutes East 2443,7 feet to the center line of Highland Avenue Road; thence Southeasterly along said center line 72.0 feet; thence North 1 degree 33 minutes East to the South line of the Southeast Quarter of said Section 5'for the point of beginning; thence North 1 degree 33 minutes East to the Southerly right of way line of the Chicago and Northwestern Railroad Company; thence Southeasterly along said Southerly right of way line, being along a curve to the left, 5701.30 feet; thence South 81 degrees 20 minutes 40 seconds East along said Southerly right of way,` 600 feet to the West line of the East Half of the Southeast Quarter of said Section 5; thence South 1 degree 03 minutes 20 seconds West along said West line 660024 feet to a point 142.77 feet North of the Southwest corner of the East Half of said Southeast Quarter; thence South 61 degrees 13 minutes 40 seconds East 298.74 feet to a point on the South line of the East Half of said Southeast Quarter 264,57 feet East of the Southwest corner thereof; thence North 89 degrees 48 minutes 40 seconds West along the South line of said Southeast Quarter 1423,09 feet to the point of beginning (except the Westerly 66 feet, as measured at right angles to the West line thereof, and except that part of the Southeast Quarter of Section 5 and part of the Northeast Quarter of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Southeast Quarter; thence Easterly along the South line of said Southeast Quarter, 1087,02 feet; thence Northeasterly along a line which forms an angle of 37 degrees 26 minutes 54 seconds to the left with the prolongation of the last described course, 202.30 feet for the point of beginning; thence Southeasterly along a line which forms an angle of 66 degrees 39 minutes 45 seconds to the right with the prolongation of the last described course, 464.24 feet; thence Northeasterly at right angles to the last des- cribed course, 400.0 feet; thence Northwesterly at right angles to the last described course, 464.24 feet; thence Southwesterly at right angles to the last described course, 400.0 feet to the point of beginning), in the Township of Elgin, Kane County, Illinois. Also that part of the Northeast Quarter of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of said Section 8; thence North 89 degrees 54 minutes West along the South line of said Section 1065.24 feet; thence North 875.82 feet to the Northeasterly corner of Lot 14 in Block 3 of Third Addition to Almora Heights; thence North 74 degrees 06 minutes West 2114.2 feet; thence North 13 degrees 22 minutes East 2443.7 feet to the center line of Highland Avenue Road; thence Southeasterly along said center line 72.0 feet; thence North 1 degree 33 minutes East to the North line of the Northeast Quarter of said Section 8; thence South 89 degrees 48 minutes 40 seconds East along said North line 917.62 feet for the point of beginning; thence continuing South 89 degrees 48 minutes 40 seconds East along said North line 440.0 feet; thence South 0 degrees 03 minutes 40 seconds East 370.0 feet; thence Northwesterly to the point of beginning (except that part of the Southeast Quarter of Section 5 and part of the North- east Quarter of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Southeast Quarter; thence Easterly along the South line of said Southeast Quarter, 1087.02 feet; thence Northeasterly along a line which forms an angle of 37 degrees 26 minutes 54 seconds to the left with the prolongation of the last described course, 202.30 feet for the point of beginning; thence Southeasterly along a line which forms an angle of 66 degrees 39 minutes 45 seconds to the right with the prolongation of the last described course, 464.24 feet; thence Northeasterly at right angles to the last described course, 400.0 feet; thence Northwesterly at right angles to the last described course, 464.24 feet; thence Southwesterly at right angles to the last described course, 400.0 feet to-the point of beginning), in the Township of Elgin, Kane County, Illinois. PARCEL 4 That part of the South half of Section 5, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of Section 8, Township and Range aforesaid; thence North 89 degrees 54 minutes West along the South line of said Section 1,065.24 feet; thence North 875.82 feet; thence North 74 degrees 06 minutes West 2,114.2 feet; thence North 74 degrees 21 minutes 40 seconds West 342.5 feet thence North 74 degrees 09 minutes 10 seconds West 1,231.5 feet; thence North 18 degrees 16 minutes 30 seconds East 2,159.3 feet; thence North 15 degrees 56 minutes East 193.38 feet to the center line of Highland Avenue Road; thence North 13 degrees 17 minutes East 1,309.5 feet to a point hereinafter referred to as Point "A "; thence continuing North 13 degrees 17 minutes East, a distance of 550.0 feet; for the point of beginning; thence North 4 degrees 36 minutes West 190.2 feet to the Southerly line of the right of way of the Old Chicago and Pacific Railway Company; thence Northeasterly along said Southerly old right of way line, being along a curve to the right, 957.1 feet to the West line of the Southeast quarter of said Section 5; thence North along said West line, 26 feet to the Southerly line of the Right of way of the Chicago and Northwestern Railway Company; thence Southeasterly along said Southerly right of way line, 174.23 feet to the Easterly line extended Northerly of the tract of land conveyed to Wendell Secrest and wife by deed dated September 4, 1959 and recorded September 14, 1959 in Book 1985, page 418, as Document No. 900365; thence South 1 degree 33 minutes West along said ex- tended Easterly line to the South line of the Southeast quarter of Section 5 aforesaid; thence Northwesterly along a line which passes through Point "A" as aforesaid, a distance of 300.0 feet; thence Northwesterly to the point of beginning in Township of Elgin, Kane County, Illinois. M�Ij That part of the Southwest Quarter of Section 5, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of Section 8, Town- ship and Range aforesaid; thence North 89 degrees 54 minutes West along the South line of said Section 8, 1965.24 feet; thence North 875.82 feet; thence North 74 degrees 06 minutes West 2114.2 feet; thence North 74 degrees 21 minutes 40 seconds West 342.5 feet; thence North 74 degrees 09 minutes 10 seconds West 1231.5 feet; thence North 18 degrees 16 minutes 30 seconds East 2159.3 feet; thence North 15 degrees 56 minutes East 193.38 feet to the center line of Highland Avenue Road; thence North 13 degrees 17 minutes East 1859.5 feet; thence North 4 degrees 36 minutes West 228.24 feet for the point of beginning; thence South 4 degrees 36 minutes East 38.04 feet to the Southerly right of way line of the Old Chicago and Pacific Railway Company; thence Northeasterly along said right of way line, being a curve to the right 957.1 feet to the East line of the Southwest Quarter of said Section 5; thence Northerly along said East line 26.0 feet to the Southerly right of way line of the Chicago and North- western Railway Company; thence Northwesterly along said right of way line being along a curve to the right having a radius.of 2565.54 feet, the chord of which bears North 63 degrees 46 minutes 30 seconds West, a distance.of 336.7 feet; thence Southwesterly along a curve to the left having a radius of 1855.0 feet, a distance of 503.13 feet to a point 70.17 feet Southeasterly of the center line of the Westbound track of the Chicago, Milwaukee, St. Paul and Pacific Railway (said 70.17 feet being measured along a radial line of said center line); thence Southwesterly along a curve to the left having a radius of 3820.0 feet; a distance of 235.0 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. Section 3. That Leo Nelson, City Manager of the City of Elgin, be and is hereby authorized, empowered and directed to negotiate for and on behalf of the City of Elgin with the owners of the above described real properties for the purchase thereof by the City of Elgin. Section 4. That the City Manager be and is hereby authorized to offer the sum of $75,075 as and for compensation to the owner or owners of Parcel 1 of the above - described property; said offer shall be in writing. 303 VOLUME XLVI Section 5. That the City-Manager be and is hereby authorized to offer the sum of $10,725 as and for compensation to the owner or owners of Parcel 2 of the above described property; said offer' -_i Tl be in writing. Section 6. That-the City Manager be and is hereby authorized to offer the sum of $126,720 as and for compensation to the owner or owners of Parcel 3 of the above- described property; said offer shall be in writing. Section 7. That the City Manager be and is hereby authorized to offer the sum of $51,975 as and for compensation to the owner or owners of Parcel of the above- described property; said offer shall be in writing. Section 8. That the City Manager be and is hereby authorized to offer the sum of $11,025 as and for compensation to the owner or owners of Parcel of the above - described property; said offer shall be in writing. Section 9. That in the event the City Manager is unable to agree with the owner or owners of said property as to compensation to be paid therefor, in accordance with the provisions of this ordinance, then title to and possession of said property shall be acquired by the City of Elgin in accordance with the laws of eminent domain of the State of Illinois, and the Corporation Counsel is hereby authorized, empowered and directed to institute appropriate proceedings in any court of competent jurisdiction to acquire title to and possession of said property for the City of Elgin in accordance with the eminent domain laws of the State of Illinois.- Presented: July 22 1981 Passed: July 22, f981 Vote: Yeas 6 Nays 0 Recorded: Published: �Attest: s/ Marie Year an Marie Barman, City Clerk s/ Robert Gilliam - o e7rt s.G i; o -uam„ '- pyor ro em OPTED ACCEPTING RE Councilman Waters made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. RESOLUTION ACCEPTING.REVIEW APPRAISAL OF PROPERTY LOCATED AT 326 E. CHICAGO STREET WHEREAS, the City of Elgin on January 22, 1980, made an official deter- mination to acquire certain property within the City of Elgin pursuant to Housing and Community Development Grant Number B- 80 -MC -17 -0011; and WHEREAS, the City of Elgin has caused the subject property to be appraised by Robert J. Leitner; and WHEREAS, Robert J. Leitner has submitted his written appraisal of the subject property; and WHEREAS, said appraisal indicates that the fair market value of the property is $63,500; and WHEREAS, the City of Elgin has caused the subject property to be appraised by James Coleman; and WHEREAS, James Coleman has submitted his written appraisal of the subject property; and WHEREAS, said appraisal indicates that the fair market value of the property is $59,000; and WHEREAS, said appraisals have been reviewed by city staff; and WHEREAS, said review appraisal has established just compensation and fair market value of the property as $59,000; and WHEREAS, it is in the best 'interest of the City of Elgin to acquire said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby resolves that $59,000 is just compensation and fair market value of the property described below. BE IT FURTHER RESOLVED that Robert A. Lindemann is the owner of said property which is located at 326 E. Chicago Street and legally described as follows: Lot 10 (except the North 50 feet) in Block 1 of the Original Town of Elgin, on the East side of Fox River; in the City of Elgin, Kane County, Illinois. BE IT FURTHER RESOLVED that the City of Elgin proceed to acquire the fee simple title to the aforesaid property. BE IT FURTHER RESOLVED that the appraisal of the subject property has been performed in a competent manner in accordance with applicable state law, Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the policies and requirements of the Department of Housing and Urban Development. s/ Robert Gilliam S1, :. €1 et -T_ m;, i a ;, ayor ro em 30; VOLUME XLVI Presented: July 22, 1981 Adopted: July 22, 1981 Vote: Yeas 6 Nays O Recorded: Attest: s/ Marie Yearn Plari Barman, City Clerk TIQN ADOPTED Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. VOLUME XLVI 306 RESOLUTION AUTHORIZING A CONTRACT FOR THE ACQUISITION OF CERTAIN REAL PROPERTY (326 E. CHICAGO STREET) WHEREAS, the City of Elgin desires to acquire certain property for public purposes located within the Township of Elgin, Kane County, Illinois; and WHEREAS, the owners of said property and the agents of the City of Elgin have reached an agreement for the sale of said property to the City of Elgin; and WHEREAS, the acquisition of said property is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute a Real Estate Sales Contract for certain property legally described as follows: Lot 10 (except the North 50 feet) in Block 1 of the Original Town of Elgin,.on the East side of Fox River; in the City of Elgin, Kane County, Illinois. in accordance with the terms and conditions of a proposed Real Estate Sales Contract, a copy of which is attached hereto and made a part hereof by reference, for a purchase price of $59,000. s/ Robert Gilliam or i i1i;�?iar . Presented: July 22, 1981 Adopted: July 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: "ate_ ✓� ✓g s/ Marie Yearman rie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY IN UNIT I OF VALLEY CREEK SINGLE FAMILY RESIDENCE, TO R -3 TWO — 'p RESIDENCE Councilman Schmidt madea motion, seconded by Councilwoman Nelson, 'to,pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. 307 Ordinance No. G42 -81 VOLUME XLVI AN ORDINANCE RECLASSIFYING PROPERTY IN UNIT I OF VALLEY CREEK FROM R -2, SIDLE FAMILY RESIDENCE, TO R--3 , TWO FAMILY RESIDENCE WHEREAS, written application has been made to reclassify certain property located in Unit I of Valley Creek from R -2, Single Family Residence, to R -3, Two Family Residence; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its report and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from R -2, Single Family Residence, and including in the R -3, Two Family Residence, the following described property: Lots 91 through 102 and Lots 134 through 150 in Unit One of Valley Creek in the City of Elgin, Kane County, Illinois." Section 2; That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Robert Gilliam -- -Rrxbe:rt .G i� .`��i am, . Mayor Pro"Tem Presented: July 22, 1981 Passed: July 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: � {� s/ Marie Yearman arae Yeahrlwf, ity Clerk VOLUME XLVI AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS J.E.M. Morris Construction Baltimore Aircoil Co Eastman Kodak Co Cost overrun installation of playground equipment: Materials to repair fan units. Maintenance program for microfilming system. K., $ 2,100.00 $ 3,756.00 $ 3,710.00 Councilman Waters made a motion, seconded by Councilman Kirkland, to approve the aforementioned payments. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays; None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for April, 1981 Water Department Report for June, 1981 Public Works & Engineering Report for May /June, 1981 Corrected monthly cemeter reports for January, February, March, April, May and June', 1981. Budget Summary - July 8, 1981 Councilman Schmidt stated, I am very concerned about the Cemetery reports, we have six corrected months, what are the corrections. James Bolerjack stated, they had some of these that they has just apparently not added correctly. They were taken from payroll records and you pay twice during the month, well you have two payroll periods but that does'nt represent a month. Then when they have the computer reports the hours are different. So they then took the computer reports, which is the first through the end of the month and then made all of the corrections. Mr. Nelson stated, what he is saying is we have by- weekly pay periods, every two weeks , every twenty -eight days and the months obviously includes the 29th, 30th and 31st days in some instances. The computer reports are correctly reporting the work done in each month, the earlier reports reflected work done on each bi- weekly pay period, which was wrong, and they have corrected this. June is a correct report not a corrected report. Councilman Kirkland made a motion, seconded by Councilman Hansen, to place the aforementioned reports on file. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Gilliam. Nays: None. RECOGNIZE PERSONS PRESENT Kevin Kavanaugh of 321 North Street stated, the traffic on this street is very bad. The people on the street are very concerned because the children, 21 children to be exact, have no where to play except on the sidewalks and they go onto the streets for balls or whatsoever. We have done everything that we can on the 309 VOLUME XLVI block'to try and get the people to slow down and there is no response. The people on the block are asking for your understanding and cooperation in this area. Mayor.Pro Tem Gilliam stated, I believe Councilman Schmidt made some comment that we should try and get some traffic signs up there to indicate slow children in the area. Councilman Schmidt stated, I will turn this petition over to Mr. Nelson, who in turn will give it to the Traffic Committee and they will come up with a recommendation I am sure. Mr.- Nelson stated, perhaps it is time to addresss this, we are faced with these kinds of petitions all of the time, and we consistently turn them down, only because we find in our experiences that nobody pays any attention to them. We could have one of these signs in every subdivision, I would bet without going back into the files we probably have had 40 or 50 of these requests every year or two. If you want us to simply honor these requests, we can do that, and we can put signs up in every subdivision, saying slow children at play, and I don't have any problem with that if that is a policy you want, but I am simply saying you are going to end up with a lot of signs in this community saying slow children at play and people largely ignore those signs. Councilman Schmidt stated, I find that hard to believe that you have 40 or 50 requests a year, for slow children at play. ` Mr. 'Kavanaugh stated, I am sure there are a lot of requests for where children play, but we are Mayor Pro Tem Gilliam stated, a will be referred to the Traffic and a' decision will be made. that due to population growth traffic signs on the streets asking for your concern here. s Councilman Schmidt said this Committee by the City Manager Counsel Jentsch introduced the new Assistant City Attorney, Daniel Blondin, who commenced his duties on Monday of this week. ANNOUNCEMENTS Mayor Pro Tem G- illiam made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilwoman Nelson made a motion, seconded by Councilman Hansen to adjourn the meeting. Yeas- Councilmen Hansen, Kirkland, N.1 Son, Schmidt, Waters and lia yr y Pro Tem. Gi 1 1iam. IVays: None. e meeting,as aO.. d-J od a9:15 P.M, ` Marie Yearman, City Cler— VOLUME XLVI August 12, 1981 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on August 12; 1981, at 8:10 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Pastor E. Dale Kleinschmidt of Faith United Methodist Church, and the Pledge of Allegiance was led by Councilman Schmidt. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Absent: Councilman Waters. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE JULY 8, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilman Kirkland, to approve the July 8, 1981 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. MINUTES OF THE JULY 22 1981 . COUNCIL REETING APPROVED 'AS PUBLISHED Councilwoman Nelson made a motion, seconded by Councilman Gilliam, to approve the July 22, 1981 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic: Nays: None. COMMUNICATIONS 310 Mayor Verbic stated, under communications tonight we have recognition of an organization which has spent many years in the City of Elgin, and they are celebrating their 75th year of service. We do have a plaque, which is going to be given from the City of Elgin, as a testimonial to AAA Chicago Motor Club on the occasion of its 75th Anniversary and service to the community, and to American motorists. The City of Elgin salutes the AAAChicago Motor Club on its Diamond Anniversary, and congratulates the Club on being a good neighbor, and expresses the hope the Club will continue to grow and prosper as a part of this community. Mayor Verbic introduced Debra Lukas and Wally Bosworth, who were present to accept the plaque on behalf of the AAA Chicago Motor Club. 311 BID AWARDED FOR SALE OF SURPLUS EQUIPMENT VOLUME XLVI Councilman Hansen made a motion, seconded by Councilman Schmidt, to award the sale of the two buses to the highest bidder, St. Edward Catholic High School, for a total amount of $6700.00. The sale of a boat, motor and trailer to the highest bidder, Mr. Robert Rust, for a total amount of $1875.00, and the Two- wheel Trailer to Mr. Ken Henryson, for a total amount of $100.00. Councilman Schmidt stated, what will become of the 1974 school bus. Mike Sarro stated, the recommendation is that his unit be included with the other surplus City administrative vehicles that are to be s.old in our first Public Auction of surplus vehicles scheduled for September 26th. Yeas - Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. BID AWARDED FOR 1982 VEHICLE STICKERS Councilman Gilliam made a motion, seconded by Councilman Hansen, to award the bid to the low bidder, Rydin Sign & Decal Company, for -a total amount of $1692.00. Yeas- Councilmen Gilliam,, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic-. Nays: None. BID AWARDED FOR 1982 VEHICLE LICENSE APPLICATION FORMS Councilman Gilliam made a motion, seconded by Councilman Schmidt, to award the bid for the 1982 vehicle license applications forms to the _low bidder, Uarco, Inc., for a total amount of $3,334-50. Yeas: Councilmen Gilliam, Hansen, Kirkland -, Nelson, Schmidt and Mayor Verbic. Nays- None. BID REJECTED FOR ROOF REPAIRS TO THE HEMMENS AUDITORIUM Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to reject all bids received for roof repairs to the Hemmens Auditorium, and re -bid the project. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. BID AWARDED FOR RETAINING WALL AT FULTON AND VILLA PARKING LOT Councilwoman Nelson made a motion, seconded by Councilman Gilliam, to award the bid for the retaining wall at Fulton and Villa Parking lot to the low bidder, Valley Engineering Company for a total amount of $28,250.00. Yeas: Councilmen Gilliam, Hansen, Kirkland „T- Nelson', Schmidt and Mayor Verbic. Nays: None. VOLUME XLVI PETITION 19 -81 TO REZONE FROM B -3 SER 312 Don Wagner, Community Development Director stated, the Eby -Brown Company is petitioning the City to rezone the souther half of the block bounded by North Street, Douglas, Dexter and Spring, from B-3 to B -4 General Business District, for the purpose of expanding it's warehousing operation on the subject property. Storage, warehousing, and wholesaling establishments are now allowed in B -4 Districts, but they are not allowed in B -3 Districts. . The Traffic Committee at its regular meeting of July 16th, reviewed this petition because of its potential impact on traffic along Spring Street, and while it did not make any final recommen- dations, the Committee did reach the following conclusions: That the Eby Brown Company was presently using North Spring Street for staging and backing its trucks into their loading dock area. The Eby Brown Company interior arrangement of goods, conveyor system and loading areas is complicated by the specialized nature of the warehousing operation. Eby Brown's proposed expansion will not eliminate traffic conjestion on North Street, it may increase conjestion, although there may be some evidence that it may just neutralize the present condition. The Traffic Committee has concluded that the solution to the problem is neither a short term one, nor an inexpensive one. , A number of the Traffic Committee members did tour the operation and I think they came to understand the intricacies of their operation. The Elgin Land Use Committee at its regular meeting of July 6th, reviewed this petition, and also made the following finds of fact: That the trend of development in the north downtown area has been the expansion of various commercial and industrial uses, which have resulted in the consolidation of entire blocks under one ownership. Ace Hardware, Ludwig Dairy and Eling Lumber are examples of what has already transpired and Eby Brown is undertaking the same kind of consolidation. Also they found back -up evidence of the proposed downtown plan prepared by Trkla, Pettigrew, Allen and Payne, that this area is designated for this kind of mixed commercial, industrial development. On a vote of 6 -0 the Land Use Committee recommends approval of this petition to the City Council. 313 VOLUME XLVI Attorney Ly Brown stated, for the purposes of this petition and for the purposes of other action, which I will refer to, I am representing Ackemann Brothers, the owners of the facility, which is being acquired by Eby Brown, together with Eby - Brown, which is the owner of the balance of the property making up the south half of Lot 5. This is really a double request and one which was 'initiated sometime ago as the possibilities for acquisition of the Ackemann warehouse came into view. We have.previousIy` met with the city and I believe the Council was advised at various work sessions relative to our request that as part of the rezoning the City vacate all of the alley which bisects Block 5, and which lies immediately north of the property, which is the subject of this petition. The intention is to connect the existing Ackemann warehouse facility to the existing Eby Brown facility. There will be an improvement as far as the receiving capabilities are concerned, with both receiving capabilities on the west and east side of the Ackemann building. You will be able to take semi's in on Douglas, turn them and back them on our own property without being in the street, and with pailetization receiving we would hope to concentrate that in the new building, thereby alleviating any problem that may exist from time to time on North Street. Actually we are talking about highest and best use and we feel in that consideration there is no doubt but what we would concur and endorse the findings of the Land Use Committee, in that they felt this was the highest and best use for the property. Eby Brown probably does, if not the most business, probably one of the largest volumes of business of any business in the City of Elgin. From this single operation, which is one of four operations in the State, they do over $103,000,00 worth of business annually. They employ over two hundred people and with this expansion it will allow us to do more business, and those people who did view the area had some appreciation of the cramped quarters that we have now. Without expansion we would have to go elsewhere with the facility, and we would rather not do that. We like the location and we think we have been a good neighbor as far as the.downtown area is concerned. We feel we will be a stable anchor as far as that block is concerned and with a substantial commitment of approxi- mately $1,000,000, involving real estate acquisition, real estate improvement, parking lot improvements and interior improvements, which in no way is contigent upon financing, bond sales, or anything else, we feel that this is an improvement which will _ benefit us and will benefit the City. We would respectfully request that the ordinance vacating the alley and granting the zoning would be passed. VOLUME XLVI 314 Councilman Schmidt made a motion, seconded by Councilwoman Nelson, to approve Petition 19 -81. Councilwoman Nelson stated, I don't see anything here about the vacation of the alley, which the attorney just mentioned. Mayor Verbic stated, that will have to be covered in a separate ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson,'Schmidt, and Mayor Verbic. Nays: None. PETITION 20 -81 TO AMEND SECTION 19-34.020 B-4 GENERAL SERVICE DISTRICT PERMITTED USE LIST BY ADDING VEGETABLE OIL FOODS PROCESSING - A PROVED Don Wagnerstated, a. petition has been filed by Mr. Skaar of Shedd's Food Products, requesting an amendment to the B -4 General Service District text of the zoning ordinance that would allow the addition of vegetable oil foods processing as a permitted use in the B °4 area. Presently food processing is only permitted in M -1 Manufacturing District. Shedd's Food Products is purchasing the property at 18 NoT2th State Street, which was formerly owned by Syntex, and they were operating a food processing operation there, The building has originally be zoned M -1, but in 1973 it was rezoned from M -1 to B -3 in order to solidify the overall zoning in the area and the area to one district, and in doing so the M -1 use that had been established was made a non- conforming use. So now Shedd's Food Products has assumed the non - conforming use status because the building has not been vacant for more than one year without that new intended use, and they would like to eliminate the non- conforming use status of the property because it would interfere with expansion plans in the future. If any kind of fire should take place there and more than fifty -one per 'cent of the building was destroyed, they could not rebuild and continue their use there. The Land Use Committee reviewed the petition at their meeting of July 13, 1981, and they made several conclusions. There is a mixed commercial /industrial type of land use pattern which exists in Elgin, but the zoning ordinance does'nt really recognize that land use pattern, so we have a great deal of difficulty in dealing with these kinds of operations. Some of these areas that would be similar would be the North State Street area, North Grove area, South Grove area, and the area north of the Civic Center, which we just talked about in the previous petition. The Land Use Committee at its meeting recommended approval of this amendment to the zoning ordinance by a vote of 5-0. 315 VOLUME XLVI Councilwoman Nelson made a motion, seconded by Councilman Gilliam to approve Petition 20 -81. Yeas, Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. RESOLUTION ADOPTED ESTIMATING THE AMOU Councilman Hansen stated, as l stated in our work session last Thursday, I am very comfortable with the $1.536, and I think that we have outlined that we could pick up the shortfall with the revenue sharing funds and $350,000 in budget cuts, Councilman Kirkland stated, Elmer and`I would disagree on the presumption that we would put revenue sharing toward operations to cover our shortfall or that there are $350,000 in budget cuts that are obvious. I don't think that either'of those are the case. I think that if you read the paper and read about the cities'that.were in the most trouble and in the most panic situations about a year a ago, when federal revenue sharing was looking very much like it would not be re- newed, it was the cities that had set the precedent of putting federal revenue sharing funds toward their basic operations, and its a very dangerous precedent. - 1 don't think this city should commit itself to it; especially under the situation as everyone at this table knows the tax levy that we set tonight can be reduced at.the end of the year, if it is possible to do that. Councilman Hansen :stated, we are at a time in history that we need to take some decisive action. The property taxes collected from Elgin taxpayers have jumped from $2,000,000 to $5,000,000 since 1973, and thats eight years, which amounts to two and one - ha:lf times. This is the bite that we have over these past years elected to place on our taxpayers, the burden on our taxpayers shoulders, We have these built in multiplier effects that already increase the burden on their shoulders even if we just keep the rate the same.: So I am saying we have to bite the bullet and stop the buck here. In good times fine, maybe we can find some money for some of these other things, but no one has proven to me that we can't use federal revenue sharing funds for operating expenses. No one has proven to me that we can't reduce the budget by a modest $350; =00Q. I:n a;$38,000;000.,budget that. is not a:lot:of money, its -;p token, and we are taking somebody's word that we have a $1,000,000 shortfall, no one has proven to me that we even have that yet. I am prepared as a newly elected Councilmember to take my job here very seriously and accept the mandate that was given to me by the voters and bite the bullet here. We are not drastically VOLUME XLVI 316 chopping anything here, we are just holding the tax rate the same in face of increasing the levy by the amount of the multiplier, which is really an inflationary thing. Councilman Kirkland stated, I think you are assuming that the budget has'nt been tight over the last few years, and I think it has been tight. Again because we can reduce the levy later on, after we have had a chance to review the budget, l think you are biting the bullet too soon and I think it is an unsound fiscal decision. Councilman Gilliam stated, in response to Councilman Hansen's comments I don't doubt that he may have received a mandate. I am not trying to question the mandate, but the problem I have is I hear on one hand balance the budget; we are going to make cuts. agree there probably is something in the budget that can be cut, I would be the first one to agree with Mr. Hansen; but 'number one don't know how much, two I am not sure that I am ready to use general revenue sharing funds, but I don't want to go on record as being strongly opposed to the use of revenue funds. I guess what I have trouble with is how we would use it at this point and I guess thats what bothers me, and that is one reason why I hate to keep things so low because I am not sure how it is going to be used. I think we should leave ourselves some options, because apparently we are not just talking about cutting, we are also talking about adding personnel, and I don't think we should close our options. Mayor Verbic stated, I will tell you what bothers me more than anything is the fact that I have been around for eight budgets and we sit around for six or eight sessions and nothing is ever' cut, and we go ahead and pass it the way it is. I would rather have a situation where we are not faced with the kind of cost cutting. If we can plan intelligently now, l think it will be much easier when budget time comes around. Councilwoman Nelson stated, l can't cut what I have'nt seen yet so that is why I am waiting. Mayor Verbic stated, Bob Gilliam mentioned that we have not used revenue sharing money and we have. In 1979 the City Manager came in with a recommendation to use it to apply to the interest and principal on our bond payments, so it can be used in various ways. Councilman Gilliam stated, 1 did'nt say that, l just said that was'nt sure that we could agree. I would like to ask a question, are you at the dollar figure of 1.64 or at 1.53, which one are you at. Mayor Verbic stated, I just tossed out the possibility if we could get a concurrence here, but the only thing we are talking about tonight, we are not talking about any tax cuts, we are not talking about any money being taken from general revenue sharing, all we are talking about is a total tax levy. So anything else that we bring up at this time is actually not essential and does not apply to the topic of conversation. 317 VOLUME XLVI I am thinking in terms of a happy medium with the understanding that come budget time we know what we have cut out for us as far as additional use of money and I am thinking in terms of $1.62, that would give you about one -half million. Councilman Kirkland stated, I will go with the $1.6499, I am not happy with it, I think we should keep our options open and go for the $1.74 figure, but I will go with $1.6499. Councilman Schmidt stated, I can still hear the voters talking last February on the tax rate increases, which at that time was $1.5306, and I would like to see it stay that way. However, could become the conservative councilperson and possibly go to $1.59. Councilman Gilliam stated, I would still like to stay at $1.64 and what really bothers me is that we are just setting a maximum that can be lowered. I wish that we could set it at $1.64 and we can always come down. Leo Nelson stated, you said that you `are-trying to set a rate that you can only lower, i want to say` °again that whatever you decide tonight °can be lowered or raised on September 2nd. Councilman Hansen stated, in the interest of compromise, I could move up to Mr. Schmidt's proposal of $1.59, but I am still pre- pared and ready, and I make the commitment rigght now that I will work very hard_to reduce it back down to $1.54. I will make a motion that we set the tax levy at $6,710,000 for an estimated tax levy and I am also making a commitment to reduce it back down to the amount that would give us a $1.54 levy. am not prepared right now to go out to our voters, citizens and taxpayers and tell them that we can't keep city government within a ten percent increase in tax levies. I am not at all comfortable in telling our people that because l think we can and I think we have to. Councilman Gilliam stated, I still say that we are getting the label and although we are two cents apart, I still like the flexibility. In order to get my two cents in, I ran in the same election that Mr. Hansen did, but maybe our voices were different to the people we talked to. I am still willing to try and cut the budget, all I want to say is just leave the option open, and I am talking about a few cents. I think the City Manager made the comment that it can be lowered or raised at the next meeting, or when it gets down to December 31st, it can always be dropped. I would be willing to bet that more than likely it will be lowered, and I will work very hard with anybody else to lower it, but I still want that option, just like you want the option at $1.62. VOLUME XLVI Mj Councilman Schmidt seconded Councilman Hansen's motion that the estimated tax levy be assessed at $6,710,000. Yeas: Councilmen Hansen, Schmidt and Mayor Verbic. Nays: Councilmen Gilliam, Kirkland and Nelson. Mayor Verbic stated, the motion dies for lack of a favorable quorum. Councilman Gilliam stated, l make a motion that we pass the levy at $6,960,000, Councilman Kirkland seconded said motion. Councilman Kirkland stated, I am going to vote for this, but it is a compromise as far as I am concerned, I think we should keep our options fully open. Yeas: Councilmen Gilliam; Kirkland and Nelson. Nays; Councilmen Hansen, Schmidt and Mayor Verbic. Counsel Jentsch_stated if you don't establish an estimated levy tonight you probably will not be able to levy anything. Mayor Verbic stated,.we11.I suggest a happy medium between the two, l can't make a motion, but can anyone make.a motion for that. Councilman Gi_lli.am made a motion, seconded by Councilwoman Nelson, to pass the estimated levy at $6,862,000. Yeas: Councilmen Gilliam, Hansen, Nelson and Mayor Verbic. Nays: Councilmen Kirkland and Schmidt. 318 VOLUME XLVI RESOLUTION ESTIMATING THE AMOUNT OF MONEY NECESSARY BY THE CITY OF ELGIN, TO BE RAISED BY TAXATION FOR 1981 UPON THE TAXABLE PROPERTY IN THE CITY OF ELGIN , WHEREAS, the City of Elgin is a taxing district within the meaning of the Truth in Taxataoiiltct of 1981, House Bill 1048; and WHEREAS, the City Council is 'the corporate authority for the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1, That the estimated tax levy by the City of Elgin for 1981 upon the taxable property in its taxing district is $6,862,000. Section 2e That there shall be a public hearing on the estimated tax levy of $6,862,000 for the City of Elgin on September 2, 1981. Section 3. That the City Clerk of the City of Elgin is directed to publish notice of the public hearing pursuant to the requirements of the Truth in Taxation Act of 1981, House Bill 1048. S. Richard L. Verbic RichaWl r. Verbic, Nffyor ' Presented: August 12, 1981 Adopted: August 12, 1981 Vote: Yeas 4 Nays 2 Recorded: �Attest. 1.R �t,tC.h�iivt- v3��11 ---� s/ Marie Ye rman roe earman, City Cler RESOLUTION ADOPTED ESTIMATING THE .AMOUNT Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. VOLUME XLVI RESOLUTION ESTIMATING THE AMOUNT OF MONEY NECESSARY BY SPECIAL SERVICE AREA NUMBER TWO, CITY OF ELGIN, TO BE RAISED BY TAXATION FOR 1981 UPON THE TAXABLE PROPERTY IN SPECIAL SERVICE AREA NUMBER TWO WHEREAS; Special Service Area Number Two, City of Elgin, is::a = taxing district within the meaning of the Truth in Taxation Act of 1981; House Bill 1048; and - WHEREAS, the City Council of the City of Elgin is the corporate authority of Special Service Area Number Two. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOISs Section 1. That the estimated tax levy by Special Service Area Number Two for 1981 upon the taxable property in its taxing district is $151,515.00. 319 Section 2. That there shall be a public hearing on the estimated tax levy of $151,515.00 for Special Service Area Number Two on September 2, 1981. Section 3,. That the City Clerk of the City of Elgin is directed to publish notice of the public hearing called for in Section 2, pursuant to . the requirements of the Truth in Taxation Act of 1981, House Bill 1048. s/ Richard L. Verbic Echard E. Verbic, yor Presented: August 12, 1981 Adopted: August 12, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: C sue/ Mare ea�+man Marie 7earman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH WM. ZEIGLER & SON INC. FOR RIVER INTAKE STRUCTURE Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. 320 VOLUME XLVI RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH W. ZEIGLER $ SON, INC. FOR RIVER INTAKE STRUCTURE WHEREAS, the City of Elgin has heretofore entered into a contract with Wm. Zeigler $ Son, Inc. for a river intake structure; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Changer Order Number 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order Number 1, a copy of which is attached hereto and made a part hereof by reference. Presented: August 12, 1981 Adopted: August 12, 1981 Vote: Yeas 6 Nays 0 Recorded :: Attest: s/ Marie Yea'rman Marie Yearman, City er s/ Richard. L. Verbic ar, V-3767, Wy—or G ES Councilman Gilliam ,made a- motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. 'Nays:- None. Ordinance No. T1 -81 AN ORDINANCE ALLOCATING THE COST OF CERTAIN WATER SYSTEM IMPROVEMENTS TO BENEFITTED PROPERTIES WHEREAS, Knowles Electronics, Inc. extended a watermain.and it is fair and equitable to require benefitted properties to pay their fair share of the improvement; and WHEREAS, the installation of said watermain makes water service available to nearby properties and thereby benefits said properties; and WHEREAS, it is fair and equitable to require reimbursement to Knowles Electronics, Inc. for a portion of the cost of said watermain which benefits such properties; and WHEREAS, the cost of extending the watermain amounts to $182,408.00; and WHEREAS, the City Engineer has determined that the watermain installa- tion heretofore described will benefit 18 parcel of land with total front footage of 17,135 feet; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and to perform any function relating to its government and affairs; and WHEREAS, an adequate water supply is a function pertaining to the govern- ment and affairs of the City of Elgin; and WHEREAS, the City Council hereby finds that the fair proportionate cost of the above described water system improvements to properties benefitted by the availability of such facilities should be computed at the rate of $10.645 per front foot of adjoining property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That no territory described and identified in Exhibit A, attached hereto and made a part hereof, shall be permitted to connect or otherwise use the watermain until such time as payment is made to the City of Elgin of an amount allocated as the fair proportionate share of said improvement as set forth in Exhibit B, attached hereto and made a pant hereof by reference. Section 2. That any property held in common ownership with other property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in this ordinance. Section 3. That any person desiring to hook on may pay the amount allocated without interest if payment is made prior to January 1, 1982. If full payment is not made prior to January 1, 1982 then payment shall be made in full plus interest at the rate of eight (8 %) percent per annum accruing from and after January 1, 1982 until the date of payment. 322 VOLUME XLVI Section 4. That any amounts received by the City Treasurer pursuant to this ordinance shall be paid to Knowles Electronics, Inc. or their successors or assigns, as reimbursement for the cost and expense of extend- ing the watermain described above. Section S. That a certified copy of this ordinance shall be recorded with the Recorder of Deeds, Kane County, Illinois. Section 6. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s /R.ichard L. .Verbic ar- E. VerSic, NFayor Presented: August 12, 1981 Passed: August 12, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: �,� Mar e�Ye -rman Marie earman, City ClerFc Councilman Kirkland made a motion, seconded by Councilman Hansen, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt and Mayor Verbic. Nays: Councilwoman Nelson. F„ Ordinance No. G45 -81 AN ORDINANCE RECLASSIFYING PROPERTY AT 518 WEST HIGHLAND AVENUE FROM B -3, SERVICE BUSINESS DISTRICT,, to R -4, GENERAL RESIDENCE DISTRICT AND GRANTING A SPECIAL USE FOR A COMMUNITY SERVICE FACILITY WHEREAS, written application has been made to reclassify certain property located at 518 West Highland Avenue from B -3, Service Business District, to R -4, General Residence District, and for a special use for a community service facility; and WHEREAS, after due notice in the manner provided by law the Land Use Committee conducted a public hearing concerning said application and has submitted its written findings and recommendation that the subject property be reclassified and a special use for a community service facility be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Land Use Committee and concurs in its recommendation. 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 made by the Land Use Committee and a copy of which is attached hereto as Exhibit A and incorporated herein by reference. Section 2. That Chapter 19.08, Section - 9.08,020, entitled "Zoning. District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from B -3, Service Business District, and including in the R -4, General Residence District, the following described, property. Lot 3 (except the Easterly 6 feet) in Block 54 of Wa C. Kimball's 2nd Addition to Elgin, in the City of Elgin, Kane County, Illinois;" Section 3. That a special use be and is hereby granted for the opera- tion and maintenance of a group home for children on the property described in the preceding section, subject to the following conditions: 1. That the number of children residing at the group home be limited to seven. 2. That at least three professional staff members be present at the group home during the day and at least one at night. 3. Compliance with all applicable codes and ordinances. 324 VOLUME XLVI Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law, s/ Richard L. Verbic ar Ra - La er,ic, Mayor Presented: August 12 1981 Passed:, August 2, 1981 Vote: Yeas 5 Nays 1 Recorded: Published.: Attest: s/ Marie Yea an Marie Barman, City Clerk Am G EXECUTION Councilman Hansen stated, this is the proposed ball park ? Leo Nelson stated, this is the matter that I believe was discussed at the Committee of the Whole meeting several months ago and you had agreed to allow I.S.I. to prepare and submit an application, promising to enact a resolution that would accompany that application. They have .already prepared and submitted the application, its a matter now of passing the resolution. Councilman Hansen stated, I believe that at that Committee of the Whole meeting I inquired about the total cost of the project, which I see now has been more closely estimated, and if I read this correctly if we are successful in securing this grant the city is going to have to come up with $1,559,000. 1 think we ought to find out where that $1,559,000 is going to come from. Thats a big commitment, here we are arguing tonight about $162,000, our tax levy, and we are commiting ourselves to $1,559,000 on a million and a half project and I am uncomfortable voting for this unless we know where the money is coming from. .According to the application it says the applicant is going to furnish $1,559,000 and the State agency is going to furnish half a million. Mayor Verbic stated, is there any possibility of additional funding from the State for something like this that you are aware of. You are talking about a lot of money and 1 know that in the 1980 budget we talked about a G.O.B. for about three and a half million dollars which would take care of the communications center that we talked about tonight, and we talked about baseball diamonds, and other capital expenditures which we are looking at down the road. VOLUME XLVI We know we need only thing is as this is the time we start talking just like we did thats where you 325 baseball diamonds, no question about that, the to whether or not you can afford them. Whether or not is very difficult to say because once about this, then we are talking about maintenance, with the communications department tonight and run into a lot of dough. Leo Nelson stated, Councilman Hansen when you talk about a commitment it is'nt an out and out commitment at this 'moment. What happens however, is if the application as submitted were sucessful and we were offered that money and we reject it, we are then penalized in the sense that we can no longer, or we cannot then apply for those funds for two years. I believe that is what the resolution says. Councilman Hansen stated, we would have to pay the consulting firm. Mr. Nelson stated, they would then be entitled, if they are successful they have met their commitment under our contract in the sense that we,gave them at the beginning of the year, I believe $22,000 or $23,000. If they are sucessful.they' are under no further obligation to seek any other funds. It does'nt mean they won't do it', it just means that if they are not,sucessful at getting any other funds that we reach the end of that contract period. They have every right to come back and say we have met our contract obligation by sucessfully getting the funds that we applied for. think we may have some difficulty with them anyhow because we did indicate that they could go ahead and prepare this application and submit it. I think they are under the impression the resolution was rather performa. It was discussed at that time that we are not actually obligated to come up with those.funds, but once offered we then have to either accept or reject at that point. Councilwoman Nelson stated, it was my understanding the initial funds would come from the mining proceeds. Councilman Hansen stated, that is true, but I think the facts clearly indicate that the revenue generated from this mining operation will in no way pay for the total cost of the park, and we are going to have to come up with a lot of Elgin's money to finish this park. Councilwoman Nelson stated, I think Elgin wants a big baseball park, I get more calls on baseball than on anything else. 326 VOLUME XLVI Councilman Hansen stated, I don't quarrel with you at all on that, and I have received a couple of calls on that too, but here we are spending $39,000 for lighting and $335,000 for a parking lot, thats..a 640 car parking lot, which is about half as many parking spaces as we furnish our merchants. This is a big commitment of Elgin money. Councilwoman Nelson 'stated, I noticed in a Kane County brochure they are saying that Elgin has five parks, well Elgin is going to have six parks, so all these people are coming in here to enjoy this so we should have the revenue. Councilman Hansen stated, I am real happy over that, if Elgin is willing to foot the bill for all these Kane County residents to use our parks. In my dealing with the public during the last campaign, I did not get the feeling that they were. If we go out after this money then we have to be ready to commit ourselves to coming up with a million bucks, unless they will let us grade, seed, fence and put the backstops in for some ball diamonds for $400,000, if this is predicated on a fifty /fifty share basis. Leo Nelson stated,, l think we could reduce our share, the consultant is simply estimating that if we were to do the project as we see it, it would be $1,559,000. We are not obligated to come up with a $1,000,000, we could match their $500,000, with $500,000, and we could reduce the project by $500,000, if you wanted to do that and still meet our commitment. think the $1,559,000 is a matter of information to the federal or state agencies indicating thats probably what it is going to cost. We are not obligated to spend more than a fifty /fifty cost sharing of the total grant. We could reduce it to a half a million for our share. Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. yeas: Councilmen Gilliam, Kirkland, Nelson and Mayor Verbic. Nays: Councilmen Hansen and Schmidt. VOLUME XLVi 327 RESOLUTION AU HiRIZING EXECUTION OF AN AGREDIENT WITH THE STATE OF ILLINOIS DEPARDIENT OF CONSERVATION WHEREAS, the-City of Elgin hereby signifies that it will have 100% of the funds necessary to complete the pending LAWCON request within the Depart- ment of Censervatien imposed timeline for project administration (100% funding includes cash and donations of land); and *ffiREAS, failure to adhere to the timeline or withdrawal of the project because of insufficient funds will be cause for termination of the project and will result in the ineligibility of the local sponsor to submit any LAWCON requests for the next two (2) grant cycles. Acquisition Proiects I am aware that I have 6 months after project approval to acquire the subject property (condemnation cases - petition filed, court date) and reimbursement billing request submitted no later than:8 months after approval notice (excluding condemn tion cases). Failure to meet this timeline will be cause for forfeiture of grant. Development Projects I am aware that I have 6 months after project approval to start f development of project and it must be completed no later than 18 months after approval and 1 -Final Billing received no later than 1 month after completion. Failure to meet this timeline will be cause for forfeiture of the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin will comply with the Uniform Relocation and Real Property Assistance Act (PL 91 -646); will comply with Title VI of Civil Rights Act of 1964 (PL 83 -352); will comply with all applicable State and Federal regula- tions; will maintain the completed project in an attractice, inviting and safe manner; keep the facilities open to the general public during reasonable hours consistent with the type of the facility; and will obtain from the State of Illinois, Department of Conservation, approval in writing for any change or conversion of the planned outdoor recreation use of the project site, and that such approval will be received prior to the usage change. BE IT FURTHER RESOLVED that the City of Elgin certifies that the data provided within the attached application is true and correct to the best of the below signifier's knowledge. s/ Richard L..Verbic Richard L. e-r-ic, yor Presented: August 12 1981 Adopted: August 12, 1981 Vote: Yeas 4 Nays 2 Recorded: Attest: s/ Marie Yea an rx.e xearman, ulty Cater 328 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Gluth Bros. Gem Business Forms Petra Rodriquez 418 Mill St. William Hallock VOLUME XLVI Payment #1 construction lime residue transmission main - Area I Uniform Citation and Complaint forms for Police Department. For repairs under Residential Rebate Program. For repairs under Residential Rebate Program. $46,9.20.00 $ 1,622.78 $ 2,018.91 $ 1,851.21 Councilman Gilliam made a motion, seconded by Councilman Kirkland, to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen,, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING RELOCATION PAYMENTS UNDER HDUSTNG AND COMMUNITY DEVELOPMENT PROJECTS Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. t VOLUME XLVI RESOLUTION AUTHORIZING RELOCATION PAYMENTS UNDER HOUSING AND CONKWITY DEVELOPMENT PROJECTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that relocation payments be and are hereby authorized to be made by the Finance Director to the following persons in the amounts shown: Mr, and Mrs. Henry Radloff -- 1035 Byron Lane, Apt. #1 Replacement Housing Payment $ 3,840 Moving Expenses 300 Dislocation Allowance 200 Total $ 4,340 Presented: August 12, 1981 Adopted: August 12, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yeaan rie earman, City Clerk I HIM s/ Richard L. Verbic Richard er-ic, Mayor--- - ASSED RECLASSIFYING PROPER 329 Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. 330 VOLUME XLVB Ordinance No. G44-81 AN ORDINANCE RECLASSIFYING PROPERTY AT 26, 34 AND 42 NORTH BELMONT STREET FROM R -2, SINGLE FAMILY RESIDENCE DISTRICT, TO B -1, COMMUNITY BUSINESS DISTRICT WHEREAS, written application has been made to reclassify certain property located at 26, 34 and 42 North Belmont Street, Elgin, Illinois, from R -2, Single Family Residence District, to B -1, Community Business District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its report and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from R -2, Single Family Residence District, and including in B -1, Community Business District, the follow- ing described property: Lots 12 13 and 14 in Block 4 in the Walter G. McIntosh and Company's Fox River Farms, being a subdivision of part of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verblc RIMH-rd L. Verbic, Mayor Presented: August 12, 1981 Passed: August 12, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: �Attest, s/ Marie Year an marae earman, aty Llerx VOLUME XLV I REPORTS RECEIVED AND ORDERED 'PLACED ON FILE Elgin Fire Department 1980/81 comparisons City Traffic Committee Minutes - July 2, 1981 Parking Lot Revenues 7/1/80 through 6/30.'81 Elgin Police Department Crime Report Observations Elgin Public Property & Recreation Board Minutes 8/5/81 Water Department Report for the month of July, 1981 Cemetery Reports July, August and September, 1980 331 Councilman Gilliam made a motion,, seconded by Councilman Kirkland, to place the aforementioned reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None, RECOGNIZE PERSONS PRESENT Mr. Frank Viz of 91 North Alfred stated, I am one of the victims of Area I. 1 am here with one other lady who lives on Aldine, she also lives in that area. There were other people who were going to come tonight, but a number of the people work and have to get to their jobs. A good percentage of the people that I have spoken to are so disgusted with this whole project and the way it has been handled so far, that (.,think a lot of them won't even show up. They have just had it, but I figured I would just take the time and sit through this meeting. I would like to make a complaint about how this whole thing started. It seems to me that there is no concern here for the people who live there. Its as if the Engineering Department was going through a waste land where no one lived. I called up after we saw the people coming in and tearing up the streets, we did'nt know that they were going to do it on that particular day, so I had to rush out and move my car. There was no prior notice of the project, I do have a letter that was hand delivered two days later telling us that it was going to start two days earlier. After the rain came in people were stuck left and right in holes and mud, it was just a sea of mud, and I never saw anyone come around and even offer to fill in the holes with gravel so that the people could get through. An ambulance did come through there and did get stuck in the mud. Then there was the problem with the strike. One of the men who came out from the Engineering Department told us that the main reason they were going at it in this manner, because we questioned why are they going about ripping up pell mell, why don't they finish one street at a time, and he said the reason was they were expecting that there might be a strike and they wanted to make sure this work was finished as fast as possible. Well they apparently knew there was going to be a strike, and now nothing has been done since June. If they knew there was going to be a strike why did'nt they realize that they are going to 332 VOLUME XLVI save money tearing up all the streets and leaving them. They would have been better off,if they had taken one or two streets and completed them. On the 14th of July we were advised later to pay our assessment without nothing was done except the streets had an attorney tell me that he did to charge interest for work that wa that something should be done about that we had until ten days any interest,- of course being ripped up. I have not believe it was 'legal s not done. My feeling is that assessment. Counsel Jentsch stated, it is not uncommon for the first voucher to be issued longe before completion of the project and for collection of payment in full by those who elect not to pay any interest while the work continues; It is not something that the City Council elected to do in this instance, to charge interest from a certain date on, thats all part of a state -wide scheme for leving this kind of a tax, and there is'nt anything that the City Council could do to change that: Councilman Schmidt stated, could Mr. Miller or Mr. Dahl may be give a little time table as to what is going to be 'progressing on the streets so that these people can go home with something other than nothing. Gary Miller stated, we are trying our best in the Engineering Department to get the work done as well as we can. Unfortunately we don't have control over when it rains or when it does'nt rain. When it rains those those existing streets that have,been torn up cause problems; and we don't like it any more than the owners do, but there is not a lot that we can do. Likewise,we have no control over that strike. We heard rumors that there was going to be a strike. We have heard rumors that the strike is going to end, but these are all rumors, we don't know. The decision was made to proceed with the project and one of the complicating factors in terms of trying to coordinate and do some scheduling is the fact that we don't have control over what the utility companies' schedules are. We may have a Corn-Ed pole in the way and on that pole you have Cable TV lines, Illinois Bell limes and those all have to be moved by that agency before the pole can be moved. cannot give you an answer on why we sent out a letter, or hand delivered a letter two days after the fact. It does'nt make a whole lot of sense, but we certainly did'nt do it intentially. Mrs. Dettman of 245 N. Aldine stated, when they ;dug the street out my driveway is a lot higher and I can't get my car in the driveway and I have been parking on Lawrence Avenue for two months. VOLUME XLVI 333 Is there anyway that I could get somebody to bring something to build a ramp. Everybody in the block has white gravel and its all built up. I am the only one in the block that did not call City Hall and I am the only one who did not get a ramp, so the squeaking wheel gets the oil. Mayor Verbic stated, Mrs. Dettman I wish you had called City Hall, I am sure this would have received their attention. Gary, will you please make a note of Mrs. Dettman's address so that this can be taken care of. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. F3111i11111.700" There being no further business to come before the Elgin City Council, Councilman-Kirkland made a motion, seconded by Councilwoman Nelson, to adjourn the meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. The meeting was adjourned at 10:05 P.M. Marie Yearmann, City C er VOLUME XLVI August 26, 1981 334 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on August 26, 1981, at 8:10 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend Martin W. Balzer of the Good Shepherd Lutheran Church, and the Pledge of Allegiance was led by Councilman Waters. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Absent: Councilman Schmidt. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE AUGUST 12, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Kirkland made a motion, seconded by Councilman Hansen, t to approve the August 12, 1981 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR 1981 THERMOPLASTIC PAVEMENT Councilman Waters made a motion, seconded by Councilwoman Nelson, to award the bid for the 1981 Thermoplastic Pavement Marking Program to the low bidder, Perma -Lane Corporation of America, for $8942.16. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR COMPUTER STOCK PAPER Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to award the bid for 650,000 sheets of computer paper to the low bidder, J & J Data Supplies, Inc., for $4636.00, and for 78,000 sheets of computer paper to the low bidder, The Standard Register Company, for $422.46. Yeas: Councilmen Gilliam, Kirkland, Nelson, Hansen, Waters and Mayor Verbic. Nays: None. PETITION 14 -81 TO AMEND SECTION 19.04 DEFINITIONS AND SECTION 977,020 SPECIAL FUR _=T3 LUULHI IUIV ULN BLACK BELT ACADEMY - -- Jerry Deering of the Community Development Department stated, Petition 14 -81 requests a zoning ordinance text amendment that 335 VOLUME XLVI add physical education center to the residence district special use list. Physical education center means a building offering physical training and education through an established curriculum or educational program accredited by the Amateur Athletic Union or a similar national organization. The Elgin Planning Committee has recommended denial of this petition_.and_ has submitted its written findings of fact. The Community Development Department has recommended its approval, subject to the condition that the special use be added only to the R -4 General Residence District Special Use List. It should be emphasized that this petition tonight is not a re- zoning request for any specific piece of property, but a text amendment- that would allow a future petitioner to request a physical education special use for a specific piece of property. Councilman Gilliam stated, the staff recommendation suprises me, that they would recommend this. It says a community recreational center means a building or property offering recreational facilities, including swimming pools, skating rinks, game rooms and gymnasiums. Does that mean by approving something like this that a person could come back and say you did it for one person, I could put, a skating rink in a residential neighborhood and call it a recreational center. Is that what we are going to look at today. Mr. Deering stated, the proposed definition does'nt read exactly that way. More specifically a use offering physical training and education through an established curriculum for educational program accredited by the Amateur Athletic Union or a similar national organization. That is the proposed definition that would be added to the ordinance, if it is passed. Randall Dettman stated, I serve as Mr. Kim's General Manager, for Kim's Black Belt Academy, and he has outlined some things for me to express for him since he felt he might have a little trouble. There are great distinctions from what we are proposing and what some people might feel this amendment would open itself up to, because there is a big difference between a karate school and lets say a boxing gym. One is a school and one serves as a sport or recreation and I hope that after I finish talking that this distinction will be made. We are filing a petition requesting a zoning ordinance text amendment providing for a physical education center, special use within a residential district. Not because it would merely enable us to come back here and apply for such a use, but because we came across already allowable special uses that were almost the same in function as our own trade. Only because of this did we feel we had a just argument. The similarity we found was this, VOLUME XLVI 336 presently the zoning ordinance text allows a special use in a residence district, for recreational buildings and community centers, publicly owned and /or non - profit. It also allows the schools, private, elementary, Jr. High and High. Naturally we felt the critera by which a recreational facility is provided for, as a special use, should be according to how that facility serves the community and not by whether it is a profit or non- profit organization. Of course to simply change the text to read recreational buildings, or community centers, would be far from satisfactory., Such a change would allow gymnasiums, swimming pools, skating rinks, game rooms, meeting rooms, parks, playgrounds, pool halls, boxing studios, dance studios and golf courses. To allow this wide range of facilities, easier access to residential neighbor- hoods, could only be detrimental. However, we felt that our trade was unique in relation to these previous examples. We do not offer mere recreation as do the others, but provide physical training and education through an established curriculum, and an educational program that is accredited by both the Amateur Athletic Union and other national organizations. Ours is a school, not a gym, and our clientele can be correctly deemed as students, not players or enthusiasts. We insist that few businesses could make such a claim. Thereby we conclude that our business contributes to the well being of the community, equally as well as what a Y,M.C.A., which is our prime example of a facility which is allowed as a special,use in a residence di,str'ict. We are also aware of the arguments against such an amendment. One is that it opens the door to many similar businesses. We contend that few exist as a quick look in the yellow pages will attest to. Some say that it will be harmful for the simple reason that they would not want one next door'to them and that such facilities do not belong in residence districts.. Yet schools and Y's tend to pop up in 'residence districts, not because there is not any place else to put them, but because such locations are desirable. Such locations contribute to the facility's function and that function in ,turn benefits the neighborhood. It might' also be added that although the proposed amendment becomes operative no special use can be granted unless it meets the three standards, this insures that the special use will not have an adverse effect upon the nearby property or upon the character and future development of the area in which it is located. Thus the proposed amendment does not guarantee itself to any business such as ours. Of course the Community Development Department's recommendation that the proposed special use be limited within the R -4 General Residence District provides additional control over the location of such facilities. 337 VOLUME XLVI Councilwoman Nelson stated, what is planned so there will be no noise coming from the place. In other words will your building be soundproof. Mr. Dettman stated, actually most of the classes only have 15 to 20 people in the class, they are not that large, and actually there is not that much noise involved in the first place. The facility itself that we have in mind is completely closed off, it will be air conditioned and very modern, so there should'nt be any sound coming out. Joe Dieckman of 524 S. State Street stated, l am a resident across the street from this proposed karate school. Now the people who are in back of Kim here do not live next door to where this is going to be. The people who are on my side, and I have a petttionrright` here, are the people who are concerned. We are residents who live next door. Now Kim sat on my steps and said they would hold classes from eight o'clock in the morning until eight o'clock at night. Now Mr. Mayor, do you want that right next door to you, a parking lot with lights, right across the street, or right next door with traffic coming from eight in the morning until eight at night. Number one the sewers back up every rain on the corner of Wilbur and Adams Streets, and inside these duplexes that are built there those sewers back up because they are not adequate. The street is too narrow, cars are constantly having to stop and go around. Now Mr. Kim here is here not to build - -- he is here to make money in a residential neighborhood. Now anybody would like to set up a business in a residential neighborhood where everything is nice, quiet and peaceful. We are paying taxes here, we bought our property as residential, have talked to two brokers, its all being written up in my report, two brokers who say it will devaluate our property. The next thing is his tactics, now Mrs. Harris could not make it tonight but I can quote her, his young man came over there and said we don't need your signature, we already have 5,000. His signatures are from Prairie Street, Algonquin Drive, probably even Udina and Bowes, thats where they are from. To take one piece of property in the middle of a residential area and rezone it, what are the zoning taws for. If you can take a piece of property and capitalize on it, there are plenty of places downtown, all over Elgin, business districts where he can go. Bobby MacNamara stated, I own the property next door and you are right, I hate to see a paved parking lot with a lot of lights or whatever. My daughters live in the property and they do have a nice community. It is residential, it is apartment, but is not so far commercial. The sewers do back up and the traffic is fantastic, you some time risk your life getting out on this street. It is a good community, my kids are going to have to live there, I spent my money there, I don't hope to make money, I just hope they live VOLUME XLVI 338 there and make good community members. Councilman Gilliam stated, since l have been on the Council staff has been very.adamant about special zoning, changes, and I use McLean Boulevard where they fought very strongly against putting real estate offices, trying to protect the character of McLean Boulevard, which is almost gone, and yet they come back and make this kind of a recommendation. I don't blame Mr. Kim for coming up and wanting the change and I can appreciate that people would be against it. I have a question about staff, has there been a change in policy or what, this is kind of out of character for staff to make this kind of recommendation, and I have some real reservations about it. Don Wagner stated, normally when we are considering land uses within a given functional area I think we are more concerned with how that use functions on the land rather than whether its profit or non- kofit, or at least that distinction has to be made. In this particular instance we were very much concerned about Mr. Kim's particular problem, we were also very much concerned about the 'impact upon the neighborhood of allowing extensive change in the ordinance. We felt that it was the physical educational nature of this school use that allowed it not to be placed in a strong commercial catagory. We felt that there was some similarity to other educational kinds of uses, which also have impacts on neighborhoods in terms of traffic and so forth. So we did not really look upon this as a major commercial activity. However, we felt that given development criteria under the status of special use there would be adequate controls for the introduction of this kind of use into residential areas, which was not that dissimilar f.rom'others. Mr. Nelson stated, I don't know -that the staff has been that inconsistent . The staff has historically opposed the B -1 zones that we used to have to deal with along McLean, when there were about seventy -five different uses. The compromise in that case was the O- District, which we then recommended because we had some built in control. The same controls are here in-that it is a special use and merely because the text is changed, if it is changed, it does not automatically mean that there is going to be a special use awarded. Even then if one was awarded and Ki!m's Black Belt moved out the special use evaporates with his movement. So I don't know that we have been that inconsistent. Tom Puklin stated, as Councilman Gilliam has pointed out there is some difficulty with the definition of the intended use. The language that has been chosen overlaps in many respects with other uses that have already been approved. To a certain extent a day care center or a nursery school for profit, such as Winkie Bear, which already exists in a residential use, is 339 VOLUME XLVI a profit making use, that has been recognized in a residential area. The zoning classification for residential use already recognizes that schools and churches are clearly uses that are not only compatible with residential neighborhood, but are best promoted by being near residential neighborhoods or in residential neighborhoods. What l would like to emphasize right now is just one additional point. The type of use that we have here is perhaps best described by the word studio.: A karate school has a studio and perhaps because Mr. Kim has made the presentation to you, his particular type of studio has received the bulk of your thought, and the comments tonight have been to a certain extent directed toward his intended use of his intended site. I believe as was properly pointed out in the initial presen- tation, what we are talking about is a text amendment. A text amendment broad enough to cover not only Mr. Kim's use, I use an example, a use such as' a dance studio, such as Norma Cook. I wish to emphasize for your consideration the high numbers of young children who attend these programs. l have two, I take them to the class, I would be comfortable sending them on their own, I would be more comfortable sending them on their own, without being hand- carried, were it in a residential neighborhood, where they might.:be able to ride their bike and not have to worry about downtown traffic. In the winter when you have large numbers of parents coming to pickup children and conjestion downtown, its actually safer for these children to have access to these types of programs in a residential use. Thats why schools, the public and private are located in residential neighborhoods. You must consider who is going to be using these programs, not just Mr. Kim's application. I think it is in the best interest of the community that we promote this type of full development, and l am not saying just karate at this point, but also programs such as dance programs. Charles Nelson of 453 Adams Street stated, I did not get in on the petition that they have here, but I have been before the Council several times in the past on different zoning conditions down in this area and if the Council would care to, at any time, go through our area and find out just how much conjestion there is in that area and how hard it is to get out to work, 1 can't see how it would ever be considered to be used in this manner, to put this much more load on the traffic situation. If they are not planning on parking on the street, where they would have a parking lot off the street, that would still have to be drained somewhere into the present systems, which is already overloaded. I would like to very strongly voice my opinion that this should not be approved. VOLUME XLVI 340 Councilman Waters stated, Jerry or Don in the text amendment you talk about a cirriculum or program accredited by, my question is are we talking about a prescribed study guide that is accredited, or are we talking about the instructor or the owner of the program itself, the schools being accredited. Don Wagner stated, it was our understanding was that it is the program itself and that there would be certificates or diplomas granted. It is true the whole program would have to be accredited through some national organization. Councilman Kirkland stated, l am going to vote for the text amendment and reserve my judgment on this particular building and project and the particular location that it is going to be proposed to be put in until the Lane Use Committee does it's job of revi -ewing the problems, and that would include the sewer problems, and the traffic problems you indicate are 'special to that situation. The reason I am going to approve the text amendment is because consider this somewhat similar to the 0- Zoning concept that was introduced,' When we talk about whether this kind of use should be in a residential zoning area, we are forgetting to make the distinction between R -1 and R -4, and R -4, in fast, as shown by some of the special uses permitted under R -4 is besides being a residential area, in effect a buffer area that allows certain kinds of institutional uses and multi - family uses in that kind of zoning. So l think it is a positive text amendment and if the people against this particular project, in this particular 'location, have problems for either reason then they should °prepare their case for the Land Use Committee, when this particular project comes., before them. Councilman Waters stated, I would move that the petition be approved, subject to the R -4 general classification as 'recommended by the Community Development staff. Councilman Kirkland seconded said motion Councilman Hansen stated, one of the reasons I'feel a little comfortable about this is it is restricted to an R -4, and I believe in an R-4 district you could put up a multi -unit apartment on that same location that would probably generate as much or more traffic than could be developed by this facility. Again the facility will have to stand the test of the special use distinction and application. don't think we can cast our zoning ordinances and codes in concrete, 1 think they have to have 'room in them to on occasion amend them, if we see where they are wrong, and enforce them if we see that they are right. 1 just don't think we would be happy if we were operating today with the same zoning code, procedures and rules that we had in 1930. 1 just don't ",think that cities grow this way. 341 VOLUME XLVI Mayor Verbic stated, I look at this, as a text amendment which is a positive change. We are not directing ourselves with Kim's Black Belt .Academy.at _ all _and we are just going for the text change. I think our basic consideration this evening is addressing ourselves to this text amendment which would be changed. I concur that this has no comparison to the B -1 on Larkin Avenue, where we tried to stay away from zoning in that particular_ area because of the 74 or 75 other uses and that is why we went to the 0 -type zoning, Councilman Gilliam stated I understand that it is a text change, but lets not kid ourselves, you reviewed the text change philosophically, I think you are blowing smoke at the people in the audience that if you agree to the text change and Mr. Kim comes back here three months from now, you also will agree with his petition to have the facility put up. 'I will vote against it, l don't think it is right and I don't think it should be in this neighborhood. Councilman Hansen stated, ,I will say right now that its a new ball game if this gentleman comes in requesting a special use and it has to measure .all of the three criteria that it will not damage the neighborhood, but if there are sewer problems out there maybe it will help the neighborhood and solve the: problems. Councilman Gilliam called for the question. Yeas; Councilmen Hansen, Kirkland, Nelson, Waters and Mayor V,erbic. Nays: Councilman Gi-lliam. KANE COUNTY PETITION TO REZONE'FROM F -FARMI au rrvnin VHLL a1Mrr1 - - - - - - - - ULNILU Jerry Deering stated,- this Kane County Petition concerns property located on the west side of Gale Street, immediately north of Larkin Avenue and the frontage road.- The proposed use of the subject property is a motor vehicle repair shop. The Community Development Department and the Planning -and Land Use Committee have recommended the denial of this petition. The Department and Committees have found that the proposed rezoning would be an encroachment into an established residential neighborhood and additionally have found that additional business zoning in the area of the subject property is unnecessary En that there are currently 31 acres of undeveloped land withibusiness zoning fronting on Foothill Road already. The Commission and the Department would recommend to the Council to pass a resolution objecting to this Kane County-Petition. Councilman Waters made a motion, seconded by Councilwoman Nelson, to deny-the Kane County Petition. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 342 RESUBDIVISION OF LOT 5 IN THE FIRST ADDITION I, CJV 1 r K - - - - - HrrKUVtU Jerry Deering stated, the proposed resubdivision would create three lots at 134,392 square feet, 98,356 square feet and 89,131 square feet. The minimum lot area for the Miller- Davis .subdivision is 80,000 square feet. The Community Development Department recommends the approval of the requested resubdivision and the Elgin Land Use Committee recommended approval by a vote of 5-0. Councilwoman Nelson made a motion, seconded by Councilman Kirkland to approve the aforementioned resubdivision. Yeas: Councilmen - Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Ve -rbic. Nays: None. TION ADOPTED AUTHORIZING A PIPE L Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 343 VOLUME XLVI RESOLUTION AUTHORIZING A PIPE LINE AGREEMENT WITH THE CHICAGO, MILWAUKEE, ST, PAUL AND PACIFIC RAILROAD COMPANY FOR THE CONSTRUCTION, MAINTENANCE AND USE OF A LIME SLUDGE PIPE WHEREAS, the City of Elgin desires to construct, maintain and use a lime sludge pipe to be located in part upon property owned by the Chicago, Milwaukee, St, Paul and Pacific Railroad Company; and WHEREAS, the Chicago, Milwaukee, St. Paul and Pacific Railroad Company is willing to grant to the City of Elgin a license for such purposes upon certain conditions; and WHEREAS, it is in the best interest of the City of Elgin to enter into the proposed agreement for a license. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson,,City:Manager', and Marie Yearman, City Clerk, be and are hereby respectively authotized and directed to execute a pipe line agreement with the Chicago, Milwaukee, St. Paul and Pacific Railroad Company, a copy of which is attached hereto and made a part hereof by reference, for the purposes therein stated. s/ Richard L. Verbic c ar. L. Verbic, N yor Presented: August 26, 1981 Adopted: August 26, 1981 Vote: Yeas 6 .Nays 0 Recorded: Attest: s/ Marie Yea man rle 7earman, City Cler Councilman Hansen made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution, Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. i RESOLUTION AUTHORIZING AN ENCUMBRANCE AGAINST CERTAIN PROPERTY LOCATED AT 101 SOUTH GROVE AVENUE WHEREAS, the Greater Elgin Senior Center, Inc., an Illinois not -for- profit corporation, has heretofore acquired certain property located at 101 South Grove Avenue, Elgin, Illinois, and legally described as follows; That part of Lots 8 and 19 in Block 13 of the Original Town of Elgin on the East side of Fox River, described as follows; Beginning at the point of intersection of the East line of Spring Street with the South line of Fulton Street; thence East along the South line of Fulton Street (being the North line of said Lots 19 and 8), 97.6 feet to a point 36 feet West of the Northeast corner of said Lot 8; thence South parallel with the East lane of said Lot 8, 44.86 feet; thence West parallel with the South line of said Fulton Street to the Easterly, line of Grove Avenue; thence Northerly along said Easterly line to the East line of said Spring Street; thence North along said East line of Spring Street, 44 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. MN WHEREAS, the acquisition of said property was made with funds trans- ferred by the City of Elgin, a, municipal corporation, from federal funds received through the Housing and Community Development Block Grant; and WHEREAS, the transfer of funds was conditioned upon the Greater Elgin Senior Center, Inc., an Illinois not- for - profit corporation, coveting not to mortgage, refinance or allow any lien or encumbrance on the premises at said location without the express written approval of the City of Elgin, a municipal corporation; and WHEREAS, the Greater Elgin Senior Center, Inc., an Illinois not-for- profit corporation, has requested the consent of the City of Elgin to a mortgage lien to secure a loan of $30,000 by the First National Bank of Elgin to make certain improvements; and WHEREAS, the improvements to be financed are necessary and desirable for use of the premises as a senior citizens center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes and consents to the recordation of a lien to secure a loan in the sun of $30,000 from the First National Bank of Elgin to the Greater Elgin Senior Center, Inc., an Illinois not -for- profit corporation, against the property commonly known as 101 South Grove Avenue, Elgin, Illinois. BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to deliver a certified copy of this resolution to the Greater Elgin Senior Center, Inc., an Illinois not - for - profit corporation. s/ Richard L. Verbic Richara L. Ve-rbic, Yyor 345 VOLUME XLVI Presented: August 26 1981 Adopted: August 16, 1981 Vote: Yeas 6 Nays O Recorded: Attest: S/ Marierihan Marie Yeannan, City Clerk LI Councilman Waters made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas; Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. t RESOLUTION AUTHORIZING EXTENSION OF THE MEMORANDUM OF AGREEMENT WITH TOPEKA INN MANAGEMENT, INC., FOR ISSUANCE OF REVENUE BONDS AND REGARDING THE CHANGE IN CORPORATE NAME OF TOPEKA INN MANAGEMENT, INC. TO BROCK HOTEL CORPORATION WHEREAS, Topeka Inn Management, Inc. (the "Company ") requested the City of Elgin, Illinois (the "Issuer ") to issue revenue bonds to finance the acquisition and construction of certain commercial facilities to be used by the Company or its designee; and WHEREAS, a Memorandum of Agreement dated January 9, 1980 was executed by the Issuer and the Company under the terms of which the Issuer agreed to issue up to $10,000,000 of revenue bonds, under certain terms and conditions, to finance such facilities; and WHEREAS, Section 4(a) of the Memorandum of Agreement provides that all commitments of the City of Elgin as Issuer are subject to the condition on or before one year from its date (or such other date as shall be mutually satis- factory to the Issuer and the Company) the terms of the instruments must be agreed to by the parties; and WHEREAS, the Company has changed its corporate name to Brock Hotel Cor- poration; and WHEREAS, Brock Hotel Corporation and the Issuer wish to extend the term of the Memorandum of Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the term of the Memorandum of Agreement is hereby extended for one year from the date hereof (or such other date as shall be mutually satisfactory to the Issuer and Brock Hotel Corporation). Section 2. That all references to the Company in the Memorandum of Agree- ment respecting matters occurring or to.occur after the change in corporate name referred to above be deemed references to Brock Hotel Corporation. Section 3. That the officers and employees of the Issuer are hereby authorized to take such further action as is necessary to carry out the intent and purpose of the Memorandum of Agreement as amended, and to cause not more than $10,000,000 of its revenue bonds to be issued upon the terms and condi- tions stated in such Memorandum of Agreement, as hereby amended. s/ Richard L. Verbic Richard L. Verbic, Myor 347 VOLUME XLVI Presented: August 26 1981 Adopted: August 2�, 1981 Vote: Yeas 6 Nays - 0 Recorded: Attest: s/ Marie Yea man Marie Yeanian, City Clerk Councilwoman Nelson made a motion, seconded by Councilman Waters to pass the .aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays-, None. Ordinance Noe T3 -81 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN PERSONAL PROPERTY BY A LEASE /PURCHASE AGREEMENT WHEREAS, the City of Elgin is a home rule unit within the meaning of the Constitution of the State of Illinois, 1970, and is thereby empowered to exercise and perform any function pertaining to its government and affairs, including the power to incur debt; and WHEREAS, the lease and purchase of personal property for municipal purposes is a function pertaining to the government and affairs of the City of Elgin; and WHEREAS, it is deemed advisable and necessary for the safety and welfare of the residents of the City of Elgin to acquire certain personal property known as an American LaFrance Custom Century Series 100 Foot Rear Mount Aerial Ladder Apparatus equipment for the fire department; and WHEREAS, it is hereby estimated and determined that it will cost one hundred ninety -nine thousand four hundred and forty -seven dollars ($199,447,00) to purchase said equipment for the City of Elgin, and funds are not presently available; and WHEREAS, First National Bank of Elgin, Elgin, Illinois, has agreed to enter into a lease /purchase agreement with the City of Elgin whereby the City of Elgin would lease the equipment with the option of purchasing same, such lease /purchase agreement to extend over a period of five (S) years and pay- ments thereon to be based upon the total cost of the equipment one hundred and ninety-nine thousand four hundred and forty -seven dollars ($199,447,00) plus simple interest upon the unpaid balance at a rate of eleven and one half percent (112 %) per annum plus the sum of one dollar ($1.00) to be paid at the termination or expiration of the lease /purchase agreement; and WHEREAS, the City of Elgin, by virtue of its home rule status, is empowered to enter into the above lease /purchase agreement by this ordinance notwithstand- ing any statutes of the State of Illinois to the contrary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, as follows: Section 1. It is hereby determined that it is advisable, necessary and in the interest of public health, safety and welfare that the City of Elgin /lessee% enter into a lease /purchase agreement with First National Bank of Elgin TlessorT for the lease /purchase of an American LaFrance Custom Century Series 100 Foot Rear Mount Aerial Ladder Apparatus (equipment) and for the purpose of paying the lease /purchase price thereof to enter into an agreement with the lessor providing for the lease /purchase of said equipment at a total cost of one hundred and fiinety -nine thousand four hundred and forty-seven dollars ($199,447.00) to be paid in five (5) annual installments with simple interest on the balance remaining unpaid from time to time at elevan and one half percent (111-A) per annum plus the sum of one dollars ($1000) to be paid at the termination or expiration of the lease /purchase agreement, 349 VOLUME XLVI Section 2, That the City Manager and the City Clerk be and are hereby respectively authorized and directed to execute the attached installment lease /purchase agreement and do all things necessary and essential, including the execution of any documents and certificates necessary to carry out the provisions of the agreement. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall not be restricted by or subject to any statute of the State of Illinois to the contrary and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard Verbic, Mayor Presented:: August 26, 1981 Passed: August 26, 1981 Vote: Yeas 6 Nays O Recorded: Published: Attest: % s/ Marie Yea an rie Yeani City Clerk RESOLUTION ADOPTED AUTHORIZING PUBLICATION OF NOTICE OF SALE OF SURPLUS PROPERTY Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF SALE OF SURPLUS PROPERTY WHEREAS, the City of Elgin, a municipal corporation, is the owner of the following described real property: The South half, as measured along the East line, of Lot 13 in Block III of Grote and Waldron's Addition to Elgin, in the City of Elgin, Kane County, Illinois. which property is generally located at 549 Wellington Avenue, Elgin, Kane County, Illinois, and is subject to the condition that no principle struc- ture be erected; and WHEREAS, the City Council hereby determines that it is no longer necessary, appropriate or in the best interest of the City of Elgin that it retain title to said real estate and that said real estate is not required for the use of or profitable to the City of Elgin; and WHEREAS, Section 11 -76 -2 of the Illinois Municipal Code authorizes the corporate authorities of a city to sell real property which is no longer necessary or useful to the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Clerk be and is hereby authorized and directed to cause a notice of the proposed sale of the above described property to be published in the Daily Courier -News for three (3) consecutive weeks. Said notice shall be in substantially the following form: "NOTICE OF SALE OF PROPERTY OWNED BY THE CITY OF ELGIN AND INVITATION TO BID THEREON Please take notice that the City Council of the City of Elgin will receive sealed bids for the purchase, under the successful bid, of the fee simple interest in the following described real property: The South half, as measured along the East line, of Lot 13 in Block III of Grote and Waldron's Addition to Elgin, in the City of Elgin, Kane County, Illinois. which property is generally located at 549 Wellington Avenue, Elgin, Kane County, Illinois, and is subject to the condition that no principle structure be erected. Bids for the purchse of the aforesaid interest in the above described property are hereby invited and will be received by the City Clerk at the Municipal Building, 150 Dexter Court, E1gin,,Illinois 60120 between the hours of 8:00 a.m. and 5:00 P.M. until 5:00 p.m. on the date specified below for the opening of bids. Said proposal shall be addressed to: t City Council, City of Elgin c/o City Clerk J-50 Dexter Court Elgin, IL 60120 and shall bear the legend 'PROPOSAL -SALE OF 549 WELLINGTON AVENUE' and the name and address of the bidder. 351 VOLUME XLVI All bids received will be publicly opened and read aloud at the regular meeting of the City Council of the City of Elgin at 8 :00 p.m. on October 14, 1981. No bid less than $1,000 shall be accepted. A contract may be awarded to the highest bidder whose bid is found to be in the best interest of the City of Elgin. The City Council reserves the right to reject any and all bids and to waive any informalities or irregularities in the bidding. The City Council further reserves the right to review and study any and all bids and to make a contract awarded within thirty (30) days after the bids have been opened and publicly read. Copies of the bidding document may be obtained at the Office of the City Clerk. s` Marie- Yearman City Clerk s/ Richard L. Verbic Richard L. Verbic, Mayor ' Presented:. August 26, 1981 Adopted: August 26, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie YYeeaNnan Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AMENDMENT AGREEMENT FOR RTA PARATRANSIT SERVICE PROCEDURES Councilman Gilliam ,made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI RESOLUTION AUTHORIZING AN AMENIlMENT AGREEMENT' FOR RTA PARATRANSIT SERVICE PROCEDURES 352 BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute, on behalf of the City of Elgin, an Amendment Agreement for RTA Paratransit Service Procedures, a copy of which is attached ;hereto and made apart hereof by reference. S.' Richard L. Verbic Richard er 1c, Mayor Presented: August 26, 1981 Adopted: August 26, 1981 Vote: Yeas 6 Nays, 0 Recorded: �Attest: s/ Marie Ye man rie Yearman, City Clerk Councilman Kirkland made a motion, seconded by Councilman Hansen, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 353 VOLUME XLVt Ordinance No. G46 -81 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED AT 151- 161 DOUGLAS AVENUE, 170 DEXTER STREET AND 152 NORTH SPRING STREET FROM B -3 SERVICE BUSINESS DISTRICT TO B -4 GENERAL SERVICE DISTRICT' WHEREAS, written application has been made to reclassify certain property located at 151- 161 Douglas Avenue, 170 Dexter Street and 152 North Spring Street from B -3 Service Business District to B -4 General Service District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its report and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19<08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from B -3, Service Business District, and including in B -4, General Service District, the following described property: Lots 1,. 2, -3, 4 and 5 in Block 5 of S. Newton Dexter's Addition to Elgin, in the City of Elgin, Kane County,- Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided.by law and shall be published in pamphlet form by authority of the City Council, s/ Richard L. Verbic Richard er ac, Mayor Presented: August 26, 1981 Passed: August 26, 1981 Vote: Yeas '6 Nays 0 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City Cler VOLUME XLVI 354 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS J.S. Riemer Excavating $18,032,49 Cost overrun on the Willard ,Ave. Storm Water Detention Basin. Fishbach Bros. Inc. $ 1,894.65 Overhaul of tractor engine. Councilman Gilliam made a motion, seconded by Councilman Kirkland, to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays; None. ORDINANCE PASSED ADDING TO " THE "L1ST OF PERMITTED USES IN THE B-4 GENERAL SERVICE DISTRICT TO PERMIT VEGETABLE OIL FOODS PROCESSING Councilman Kirkland made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays; None. 355 VOLUME XLVI Ordinance No. G47 -81 AN ORDINANCE ADDING TO THE LIST OF PERMITTED USES IN THE B -4 GENERAL SERVICE DISTRICT TO PERMIT VEGETABLE OIL FOODS PROCESSING WHEREAS, written application has been made to amend the provisions of the zoning ordinance so as to permit vegetable oil foods processing as an additional permitted use in the B -4, General Service District; and WHEREAS, the Elgin Planning Committee held a public hearing concern - innd the proposed amendment after due notice in the manner provided by law; WHEREAS, the Elgin Planning Committee has submitted its written findings and recommendation that the requested amendment be granted; and WHEREAS, the City Council of the City of Elgin, Illinois, concurs in the findings and recommendations of the planning committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.34.020 of Chapter 19.34 of the Elgin Municipal Code, 1976, as amended, be amended by adding the following: "22. Vegetable Oil Foods Processing." Section 2. That Section 19.34.020 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by redesignating existing number 22 "Welding shops" as number 23, and existing number 23 "Accessory uses to the above permitted uses" as number 24. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s! Richard L. Verbic KichaFT er ic„ yor Presented: August 26 1981 Passed: August 24, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: r s/ Marie Yrman Marie Yearman, City ClerF r VOLUME XLVI REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue for the month of May, 1981 Parking Lot Revenues 8/1/80 through 7/31/81 City Traffic Committee Minutes 8/6/81 Budget Summary 8/8 81 356 Councilman Kirkland made a motion, seconded by Councilman Gilliam, to place the aforementioned reports on file. Yeas; Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING' "CERTAIN TRAFFIC AND PARKING RESTRICTIONS IN THE CITY OF ELGIN Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to pass the aforementioned ordinance, Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 357 VOLUME XLVI Ordinance No. G48 -81 r AN ORDINANCE AMENDING CERTAIN TRAFFIC AND PARKING RESTRICTIONS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.28 of the Elgin Municipal Code, 1976, as amended, is hereby amended by deleting from the list of one -way streets under Section 11;28.050B the following: "Cooper Avenue from Spring Street to Prospect Boulevard." Section 2. That Title 11, Chapter 11.32 of the Elgin Municipal Code, 1976, as amended, is hereby amended by deleting from the list of streets where angle parking is permitted under Section 11.32.020E the following: "Cooper Avenue, south side, from Spring Street to Prospect Boulevard; Prospect Boulevard, west side, from Cooper Avenue to Slade Avenue." Section 3. That Title 11, Chapter 11.32 of the Elgin Municipal Code, 1976, as amended, is hereby amended by deleting from the list of designated streets where parking is prohibited under Section 11.36.050M the following: "Prospect Boulevard, east side, from Cooper Avenue to Slade Avenue. Section 4. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the list of designated streets where parking is prohibited under Section 11.36.050M the following: 1°Slade Avenue, south side thereof, from Douglas Avenue to North Spring Street. Slade Avenue, south side thereof, from Center Street to Prospect Boulevard." Section S. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6. That this ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 26, 1981 Passed: August 26, 1981 Vote: Yeas '6 Nays O Recorded: Published: V't "t est:. s arie tman Marie Yearman, City Clerk 6 VOLUME XLVI, 358 RECOGNIZE PERSONS PRESENT Herbert Gross stated, I have a couple of comments to make and one is we are approaching the end of the swimming season and I just wanted to state that I and my family have been swimming at the Wing Park pool three times a week during the whole season. I think it has been run very well just like I said last year. We really enjoy that service by the city. The other deals with an entirely different subject and has to do with sales tax revenues, but not ours, the City of Chicago. was reading in the newspaper where the City of Chicago had asked some of our merchants to collect their sales tax from their residents in our town and I don't like this. First of all I don't think the collection of sales tax revenue by the RTA has been especially fair. I don't think we have gotten our fair share, but in addition to this I think the City of Chicago should have at least asked the City of Elgin, the Council, whether or not they could contact our merchants to collect their sales tax, and second I think that there should be some permission by the Council or approval before any of our merchants collect sales tax for someone else in our city, and just wanted to bring those points up. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilman Gilliam made a motion, seconded by Councilman Kirkland to adjourn the meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:30 P.M. Q � GeA-� Marie Yearma , City C e VOLUME XLVI September 2, 1981 359 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT PUBLIC HEARING ON PROPOSED PROPERTY TAX LEVY FOR Mayor Verbic called the Public Hearing to order at 7:00 P.M. James Bolerjack, Elgin Finance Director stated, the first page of tonight's handout was basically a review in a little more detail than the newspaper requirement. This is a comparison by fund, or by tax levy, for 1980 as compared to 1981, and the dollar increase and decrease in percentages, as required by law. The General Fund will be explained later on pages two and three. The Public Benefits tax levy as for the increase is the Special The Road and Bridge levy, which really has no control over this we receive one -half of the taxe and of course the other half is outside of the city. indicated as far as the reason Assessment District Area 1. is a decrease of 10 %, the city since it is a Township levy and s paid by the Elgin residents, used to maintain Township roads The Pension Funds are mandated costs by the State Legislature and the Police Pension Fund was a 24% increase in the tax levy, the Fire Pension was a 6% increase and the Illinois Municipal Retirement Fund was a 2% increase. The bonds and interest, there was a reduction of 31% and this reduction occurred because of an abatement using investment income. The most important and which has the greatest effect on the tax levy is the General Fund. As we were reviewing the revenue and expenditure comparisons we took two prior years, plus the year we are now in and then made preliminary projections for 1982. Some of the alarming things, well in 1979 actually there was an excess of revenues over expenditures. In 1980 there was a shortage or deficiency of $273,000 of expenditures over revenues, and in 1981 it is projected to be $239,000 as a deficiency, with expenditures again being over revenues. This has basically been a trend, there are reasons for this, and we will get into a major reason on the next sheet. These amounts for 1981 and 1982 revenue and expenditure pro - jections were taken from the mid -year budget review and I think most of these figures would be familiar with you. In 1982, which is basically what we are talking about as far as the tax increase, because the 1981 tax levy will actually support the 1982 budget. These estimates and projections were made and we tried to be conservative in these projections, but with that„ maintaining 360 VOLUME XLV1 the same tax levy, dollar wise, not rate, we would have had a deficiency of $1,180,000, which would have been a very un� manageable situation. The tax levy increase, which is is the net amount, the $983,920, because there is a certain loss from collections of 1% that then leaves a deficiency that would either have to be made by other revenues or additional revenues, or by reduction of expenditures. So the budget would have to be cut just to balance those two figures, just the revenues and expenditures. Some of the considerations that are going to have to be made to balance the 1982 budget is first of all to protect the unencumbered cash that is necessary to operate the city. To pay the bills as they come in, particulary during the first six months we have estimated that there should be $1,350,000 beginning January 1, 1983. So that means we are carrying this over so we have to make that consideration during 1982, otherwise we will not have enough money in 1983. . Therefore, we started this year with $1,255,000, that was an adequate amount. We had estimated $1,200,000 and we ended up with $1,255,000, so that was fine. During the process of the year of 1981 that money will no longer be available at the end of the year so we have to in some way recover that dollar amount of $239,440. Well that will be needed in the budget process, either through additional revenues or decreased expenditures, and at this point we are just saying it will probably be decreasing expenditures, but as we get into more detail we will find out really what happens to that. We also have the deficity shown for 1982, which is $196,000. That will also have to be reduced, and in addition to that to bring it up to the amount that is necessary, and $1,350,000 is also the amount discussed in the mid -year review was $95,560, so somehow we have to reduce in effect the way it is presented here. We would have to reduce expenditures of the $16,000,000 by $531,000 to maintain an adequate unencumbered cash on January 1, 1983. The crux of the revenue shortage, and it is basically a revenue shortage at this point in time. So what I tried to do was to go back over a ten year period. Now this is much less than the inflation, the double diget inflation that we have faced during the past two years, but the average increase over ten years, and that was even including the decrease in 1980, was 7.9 %. Now that is the average over ten years, that each year it would increase 7.9% on the average. There was only one year that .we did not equal or exceed the inflationary rate during that period of time. Mr. Nelson stated, Jim, I don't think you have told them you are talking about page 3, the Sales Tax. VOLUME XLVi 361 Mr. Bolerjack stated, i am sorry. During 1979 using the 7.9% as an average increase we were short by $31,000, and if we again project that into 1980, we were $565,000 short of the average. in 1981 we would be $786,000 short of the average, and then we get to the current year 1982 and we are over $1,000,000 short of the average. This gets back into the increase of Nine Hundred some thousand dollars, which actually more than covers the increase that we are projecting for this year for the property taxes. Councilman Hansen stated, lets compare the $6,860,000 that was talked about at our August 12th meeting, lets compare that to the taxes levied last year. Mr. Bolerjack stated, that would be last years. The same comparative figure would have been $5,796,000, that would be on page 1 of the example here. So those two are the comparisons, and then the difference of that, of the total increase, in dollars, which is 18% would be $1,065,828 between 1980 and 1981. Attorney Mark_Muscarello of 707 David Road stated, on behalf of a group of concerned citizens and taxpayers of the City of Elgin, I have a petition given to me which is sparse, but a lot of people have called up and I would like to submit this to you. Roughly I could say that I am speaking for a little over 300 people, this is something that came up since Monday. Basically think that everybody has recognized the present economy in this country. 1 think you will find out that the economic times are bad, and people are trying to fight inflation. l think the United States Government has recognized this and they have cut their budget by ten per cent across the board. They have also cut taxes as you know twenty -five per cent over the next three years. You further know that the State of California has cut it through resolution 13, twenty -five per cent state - wide and they have survived. Many other states have done this and Kane County has given a mandate not to increase taxes more than 6% for any of its agencies. in dollars and cents Elgin is asking for almost a 20% increase from 1980 to 1981. In dollars and cents Elgin has increased it's taxes 200% in the last eight years. It went from $2,350,000 in 1973 to what the City staff is seeking 6.862 million, 200 %, it has tripled when the City only grew 14 %. We feel it is time the City Fathers and our representatives not only follow the example of the United States and other States, but maybe set an example, and its got to be some time that somebody has to stand up and say there has got of be a cut across the board, you have to trim the fat. Some where someone has to make that stance, and that is what we are asking our representative officials to do. 362 VOLUME XLVI When the United States cuts it's budget it does not know what department is going to cut what. it just said across the board it's going to be this much and then it's from that point up to the city staff to work on where the fat is going to be trimmed. There has never been a reduction, it is time for a reduction, you have a budget of approximately $44,000,000, and if you cut it ten per cent that would be 4.4 million dollars. What you are saying is you can't even cut it zero, but you are adding to it. I would think on expenses of 44 million that this particular city could find some place not to increase the amount by a million, but to cut some of the spending some where. The people are being burdened not only by this particular tax increase, but there are also special assessments, service districts and other increases in tax which is falling upon them, as well as inflation. We really sincerely a.sk our representative officials to take a very deep look, representing the people, not representing the staff and employees, but representing the people who are paying the taxes. To look at a spot where they can reduce this, and I am sure that they could find a two to five per cent reduction some where across the board in government spending. The projection for this year was $6,359,000 last year, but some- how it ended up $6,862,000; another half a million. This is what you are going to constantly get unless you start setting the budget and making the city work within a budget, and that is how this accounting basis was set. It was supposed to set a budget and then these people are suppose to work within the budget. If they have to trim the fat, they have to trim the fat, but it is time to make the system work like it was set forth to work. There is no reason for a 200% increase in 8 years, when the city only went up 14% in population. am asking the city to be very bold and to start standing up for the people who cannot pass on this increase in taxes. The only thing they can do is reduce their spending or go get another job, or some other source of revenue. I think that it is time that we act like businessmen, look at the bottom line, treat the citizens as customers and.lets do some setting of example of our own for the benefit of the people of Elgin. Leslie Kirkeide of 847 Scott Drive stated, i wish I would have known about the survey, I would have gone out and got another 300 names at least. I feel that the wave of the country, the mood of the people of Elgin,.the mood of the people of the United States, is to cut taxes. I dislike the fact that the City of Elgin presents to you what they would like to see spent. I feel that you should tell them how much they should spend and they should live within that. That is the way individual citizens have to live and l feel that is the way the City of Elgin should live. I feel you should felt them how much the City is willing to pay and then they have to live within that. VOLUME XLVI 363 think this is very excessive. I have felt the taxes should certainly not be increased to the point that it is. I am not going to stay tonight for the vote, but I feel that I hold each and every one of you personally responsible for your vote. read the paper, i campaign and l feel you should do your blamedish I guess to represent me and all the other people of Elgin who are fed up with taxes. Robert August of 415 Arlington stated, it seems to me that the bulk of the increase stems around the corporate increase of $993,000, and I understand that most of this increase is taken up by police and fire protection, additional police and fire protection. Is there a need for additional police and fire protection. Mayor Verbic stated, no, l don't believe that includes any additional police and fire protection, We don't have any new personnel added to the forces. Mr. August stated, what's the purpose of the increase for. Mayor Verbic stated, the pension mandated by the State of Illinois has been increased. This is something we don't have any control of. Is this what you were referring to. Attorney Muscarello stated, no he is not referring to that. He is talking about the 2.6 million dollars for the Police Department besides the $777,000 that you have for the police pension fund, and I think he is talking about the Fire Department 1.483 million, which is separate from the $722,000, which is mandated by the fire pension. Councilman Hansen stated, I believe this gentlemen is asking the same question that I asked of Dave Jepson earlier this evening and maybe Dave could explain the breakdown of the tax levy increase which is allocated to the Fire and Police Departments, only for a case of convenience. It should really be spread overall spending departments from an accounting standpoint. In other words these are not proposed to be used only in the Fire and Police Departments, am I correct. Dave Jepson stated, that is correct. When the tax levy ordinance is prepared this is for all general corporate purposes. We have allocated it to the Police and Fire Departments because they are the two largest departments in the General Fund, as a matter of convenience. Mr. August stated, so in other words it is a catch -all type of a tax. If it is not for the Police and Fire Department, then what could it possible be for. Mr. Jepson stated, as you can see there are approximately 25 different nudget divisions within the General Fund, and the total amount could have been spread to a number of the difference departmments, but as Councilman Hansen mentioned we allocated it to the Police and Fire Departments because they are the two largest departments. 364 VOLUME XLVI Mr. August stated, I just want to add that I am a businessman and I imagine that several of you gentlemen are businessmen and in business sometimes the way it works is that you try to reach a happy medium. You try to sell somebody something to try and you get as much as you can for it because you know that you are going to have to compromise. Unfortunately when it comes to these taxes not everybody is a businessman, some people work for wages, and for some people wages are fixed. The problem as l see it is that there are probably a lot of items in this budget that could be trimmed. It's not a question of an emergency situation that you need more police and more firemen, its sort of a catch -all type of tax increase. I say that my personal taxes have gone up 40% in the last two years and l don't really see the tremendous improvement in city services that I am getting for it. I think we are playing with a lot of money here. Whatever money we would get back from the federal tax cuts would seem to be going from one pocket into somebody elses pocket. It seems to me with the economy as sluggish as it is why take any incentiveaway from the town if somebody wanted to move to Elgin. What are the advantages of moving to Elgin versus moving some place else where they may have lower taxes. I think that if there is any possible way to trim this budget that it should be done. I think the taxes are excessive and that people are just going to have to take a -stand on this. Enough is enough.. Attorney Muscareilo stated, I am afraid what this man has told us is this other four million dollars is just a kick and its just thrown under a couple of titles, which renders this whole budget defective, false and invalid. I don't see how you could take a miscelleanous amount of four million dollars, which is two - thirds of what you are asking for and tell me that it is in a catch-all there. What the hell is the reason for this budget, why all the rest of this, it just does'nt make sense. Either its allocated to something or it does'nt belong in a catch -all. Now you just don't throw it in something and say we need four million bucks, and what its in is really not for that, but its a catch -all. Gentlemen you don't have a budget that is true and reflective of what is needed in the city. Mr. Nelson stated, Mr. Muscarello keeps talking about the budget, this money is intended for the 1982 budget, this is not a budget hearing, there is no 1982 budget prepared yet. The Council will be reviewing the budget when they receive it by probably the end of October. This money is simply another source of revenue for the General Fund in anticipation of what might be necessary. The Council may between now and December reduce the taxes.. As you know they cannot increase it after tonight, but they may reduce it and probably will reduce it. So when you talk about budget there is no budget yet for 1982, that's to be reviewed and developed. VOLUME XLVI 365 Attorney Muscarello stated, l am talking about this ordinance that is before you. Mr. Nelson stated, that is not a budget, that is an appropriation of taxes for 1982. Attorney Muscarello stated, it also appropriates $4,084,000 to the Police and Fire Department and at the same time you are telling me you are not going to appropriate it to the Police and Fire Department, that it is a catch -all. Mr. Nelson stated, its another source of revenue. If it would help you they could have spread 20% among all of the line items in the budget, if that would make you any happier. The total is still the same. They have to raise the tax levy now, prior to the second Tuesday in September for 1982, without knowing what the budget is going to be. However, they may, and frequently do, reduce the tax and they can do that up through December of this year, but they cannot increase it by law, they can only decrease it. So what is being asked for at this point is merely an estimate of what we think might happen in 1982. The Council will know absolutely what is going to happen in 1982 when they finally adopt this budget in December of this year for 1982. It's simply a function of the property tax in the State of Illinois, which is the law. Attorney Muscarello stated, then why go through all of these figures if none of them mean anything. Mr. Nelson stated, because the Council has no choise, it has to show that it is going to levy a tax for 1982. Mark, l can understand other people who don't understand this, but you understand it. The Council by law must set the tax levy by the second Tuesday of September of this year for collection next year. The Council may, between now and December reduce that tax levy and they frequently do. If you were here at a meeting in December you would find a whole host of resolutions abating taxes for 1982. Between now and December the Council will receive a complete budget, as I said at the end of October. They usually review that in November and December and they pass the budget, by law, prior to the first of the year of the next year, which would be this coming January, 1982, and before they do that they re- adjust that tax levy. So you can call this levy what you want to, by law it has to be passed because they have to anticipate something for 1982. William Steger of 920 Forest Drive stated, the first thing I want to say I agree with Mr. Muscarello's first speech because I think he sopke for more that the 300 that are on his list, there are quite a few people throughout the city that feel this way, they don't want to have their taxes raised. 366 VOLUME XLVI Well I beseech you to set this levy that you have to set by this deadline here in September exactly what it is right now so that our taxes will not go up. Now the elderly citizens on fixed incomes are not interested in paying $1.00 toward that forecast of $1,000,000 deficit, nor the wage earners or anyone else. I am not interested in doing that. I'm not interested in paying any more taxes for any more services. think our Police Department and Fire Department in the City are the best anywhere, and I think they should go on as is, and the only other thing I really care about is taking care of the streets. There are other little services like garbage pickup, but we pay for that separately anyhow, but any other corporation services that governments come up with and say if we don't get this money we are going to have to cut services. People really don't care about those other services, I don't. I don't want any other services, or any other government if it is going to cost me one more dollar in tax. The other thing that disturbs me is that when this was in the paper a couple of weeks ago that.Elgin is thinking about raising the tax levy to 1.65 from what it used to be, 1.4 something, whatever that figure was, then I see the government of Elgin starting to look like other big city governments that I know about, and like the federal government, up to when President Reagan came along. When they see a shortfall coming well then they say we got to go out, we got to have more tax money from the people. Well I am tired of that, I can't do that. I would like to do a lot of things next year, but I can't go out and assess anybody in order to do that, and I think that you all have the responsibility to stop this from happening to people who are not interested in having it happen. They don't have any control of it, they elected you to take care of these kind of things. It is time to draw the line like he says. Instead of setting a higher levy on the projection that the staff makes up to set it on what it is now so nobody is going to have any increased tax, and then find the places to make it work. If these guys can sit here and work up these figures and show that there is going to be a million dollar deficit, if we don't have a high ley, they can also work around and find ways to make it come out a million dollars in excess, like we had a few years ago. In today's environment the way things are going and the President setting the example, you just can't justify raising taxes here in little Elgin, when the whole rest of the United States is cutting taxes on broad scales. They are finding ways to cut, why in Elgin can't we do the same thing. My initial impression was that what about the leaders of Elgin, are they aware of what is going on in the rest of the country. People are against raising taxes. What I would like to see in the headlines is that the Elgin Council finds a way to reduce taxes in this city. You might find more people moving here and maybe things would pickup. Mr. Nelson stated, Mr. Steger, your garbage is not paid for separately, it's a part of your property tax levy. VOLUME XLVI 367 Councilman Kirkland stated, l like your viewpoint because its a consistent viewpoint, kind of like Mr. Hansen's viewpoint, and that is I think you feel you see some services that should be cut. That is fine and I think there is probably some general agreement that there was an enormous amount of fat in the federal government. A lot of services being provided, and I suppose you can strike in on a good variety of welfare programs that a large amount of people thought had got out of hand and Reagan is cutting back. But I need more direction at the budget hearings, not tonight, because this is not what we are here for tonight, but at the budget hearings. What local services people want cut, and I think it is easy to say, and people have said it with some justification that the federal government has gotten out of hand, but 1 don't get that from people in terms of services the City of Elgin has provided. If I start to get it then I am going to adjust and l expect frankly that Councilman Hansen is going to give us some good ideas, we will accept some and not others, but it should give us some pretty good fresh ideas at these budget hearings that maybe we have not considered enough before. Those are the things that I want. I want some feedback on it before I cut taxes, because whatever services you provide you have to pay for them and you got to talk about what services you are going to cut, if you are going to cut taxes too. Mr. Steger stated, I have seen with my own eyes the fat in the federal government. I have not seen it here in Elgin, so I cannot say what there is, because I am not even sure what all the city services are. I would like to see a list of them so then I could judge for myself. Councilman Kirkland stated, come to the budget hearings. Mr. Steger stated, well I might do that, but I don't know exactly what has to be cut. I don't want the Fire Department, Police or working on the streets, and I don't know what else there is, but somehow there has got to be ways to do it. if you were to survey the people in this city, the wage earner who is not here tonight because he is tired, and the senior citizen who is not going to have a pay raise next year, or any other time, they don't want another dollar in tax. Mayor Verbic stated, Mr. Steger, I have to agree with both you and Mr. Muscarello. I really tried to have either a two to four per cent reduction last December, in fact I voted against the budget last year. I did come in with some specific changes, which no one seemed to buy, but they were all suggestions as far as cutting out some of the expenditures, which I felt probably could be reduced. I think I saw in the election of a new president a mandate as far as reduction is concerned and I think l have seen in the last eight months throughout the country different cities who have reduced their taxes. They have had just a curtailment as far as 368 VOLUME XLV'I local government is concerned and it is not only in the midwest, but it is throughout the nation where this is happening. Not only Proposition 13 in California, but they had one in Massachusetts last year, and 1 think many other cities throughout the country are feeling the brundt of finances. When that happens 1 think you have to resort to reductions ahead of time, which I advocated in December. I felt we should reduce at that point because I think we were all appraised at that particular time that our 1983 unen- cumbered cash was going to be reduced. think we found at the mid -year budget report that our 1983 cash was going to be reduced. I have felt very strongly about reduction in the local government and I feel this way at this point as much as I did last December, when I advocated cuts. I feel that this is the way to go, I have come up with some specific suggestion's and I think they should be looked at very carefully. am in business and I see the every day activity as far as people are concerned,:and I realize people are having a rough time. That is why I feel that in my position as a representative of the voters that I have to react to their desires and that is why I feel so strongly about reductions. Mr. Steger stated, well l hope that you all would direct the city staff, I mean just don't sit and take what they hand you, but direct them to say look you are going to have this and we are going to keep the taxes_ the same. Now you work it out and figure t" out how we are going to do it, but we will not raise taxes for the people of Elgin. I think that's the role of the City Council. It is not to respond to what the city staff recommends, because they foresee a possible $1,000,000 deficit. We all run our houses within what we earn, now the city has to do the same thing. don't think the people of the city are ready to give the city a raise, because they don't want to give the city a raise. Councilman Hansen stated, I certainly agree with Mr. Steger and in response to Councilman Kirkland's statement that he was'nt giving him direction in what he wanted from the city, I.think he stated it in very clear lucid terms. He said he want Fire, Police protection and the streets fixed, which we call Public Works, and I think he said after that he does not want any more. So I think this individual, voter and citizen has given us a little direction here. thin we have to start living with reality. I am in business and the first thing I have to do before I can go on to the next month or quarter, or year, is I have to make sure that my expenses do not exceed my income. That is basic philosophy that I think we have to apply to our personal finances. Like Mr. Steger says to our individual businesses, and I think President Reagan is trying to apply that principal to the United States Government. The two hundred per cent increase in taxes raised I think is a heavy burden on our taxpayers and I know it is effecting our city in how a desirable -place it is to live. We have had a thirty per cent increase in total city employees in the last ten years and our population has increased by fourteen per cent. That's fact, VOLUME XLVI 369 there is no getting around it, it's in black and white. This means that our governmental services are increasing twice as fast as our population. If you measure manpower you don't even have to measure in dollars and cents. I think this is a trend that we as, responsible and responsive to our citizens have to address and turn around. There for I would like to entertain a motion that we keep our tax levy exactly as it was proposed in the 1981 budget at $6,359,460, and I will make that motion at the Council meeting. Councilman Gilliam stated, just in response to Mr. Steger, you made the comment that you want to keep your Public Works, and think you also mentioned that you want to keep Police and Fire, and I am not citicizing you for that, because that is your right. But what I am saying that's probably about two - thirds or three - quarters of our force. I would like to ask Mr. Bolerjack what percentage of our employees would Police, Fire and Public Works represent in the budget. Mr. Bolerjack stated, that would be pretty close to three - fourths. Councilman Gilliam stated, so what I am saying is you say you want to maintain three areas, which is three - fourths of our budget, which is probably three - fourths of our employees, which of course want a raise, and then people talk about increased fire and police protection. So on one hand I hear you saying keep everything the same in the budget and taxes at the same level. I see you asking me to do one thing and on the other hand you are restricting me saying don't do it. Don't increase my taxes to keep it the same, and that is why I have a dilemma, because if you want me to cut taxes, I want to cut police, fire, streets, community development, whatever, but I need someone to tell me what are the priorities, what is the most important. It is okay for me to say don't add any more police, don't add any more firemen: That is what the Council is going to have trouble with, and I think that is where we are going to need direction with the budget from people like yourself, who come in and say these are my priorities. Mr. Mayor, you continue to bring up your two to four per cent budget decrease, but when we gave staff direction this time last year I did not hear you say that until the end of December, and I think that if that had been the direction, I am sure that if you had brought that up, and the Council decided to bring in a two to four per cent decrease, the staff would still have had our direction. Mayor Verbic stated, its pretty hard to give a recommendation until you find out what the total budget is going to be, and you have to evaluate it, and see where the reduction should be made. I think I gave you a dozen places where you could reduce expenditures. Herbert Gross of 833 Prospect Street stated, I also would like to see the budget cut, if possible, but if not possible I am wondering 370 VOLUME XLVI if there are alternative sources of revenue other than putting the burden primarily on people who are trying to keep a home together, since household expenses are one of the things that have really gone out of this world. Now I, know that most of the expenditures go to the three, perhaps four parts of city services that rank the highest. One of those is the Police Department. I don't think any of that should be cut, but if you look at the police duty calls, the kinds of things that you spend a lot of time at, a lot of them are asociated with one thing, and that's alcohol. I am .wondering if that should not be made to pay part of the cost. What about looking for revenue in forms of increased taxes on alcohol or cigarettes. I think that if you can't reduce, and I think there are some ways that reductions can be made, you could at least look in some other direction for new revenue, and since you have some time in front of you between now and December, I would strongly urge that be done. Mr. Nelson stated, I think some people may be under the impression that since the levy is going to be up 18% that their own personal taxes are going to go up 18 %, and that probably will not happen. 1 have a sheet in front of me that the Finance Department developed, and it gives you an idea using the typical home in Elgin. Lets say in Kane County, starting with 1976 over a five year period, using the average home in Kane County, and the increased assessed valuation, the city's share of taxes on that typical home in Kane County in 1976 was $243.00. In 1980 it was $294;00, that's an increase over five years of twenty -one per sent, or four and a quarter per cent per year. That was the increase in your city tax. The city taxes for a typical home in Cook County actually went down eleven per cent from $255.00 per year for 1976 to $227.00. Those are real figures, I am not fabricating that. I am talking about actual dollars now, I am not talking about rates or anything else, actual dollars. Councilman Kirkland stated, one of the reasons we are put on the spot with property tax at this point anyway is because of the problems with sales tax. That does'nt particulary speak to the industries but it speaks to the condition of the economy. The city depends on sales tax and the sales tax has not increased at all as we would have projected, hoped for and expected, I guess. Mr. August stated, if you keep the property taxes where they are at maybe the people will have more to spend because of the federal tax cut. Mr. Nelson stated, again in Kane County for the typical average home the tax rate, which really is meaningless as far as the city is concerned, but we still deal with it because we have to VOLUME XLVI 371 develop the figure, the tax rate in Kane in 1976 was $1.52. In 1980 it was $1.45, it declined over that five year period 4.7 %. In Cook County it was a $1,90.8, it dropped to $1.83, this is not including the road and bridge levy, it declined 3.7% in a four year period. You have to be careful about dealing with these aggregate totals that we keep talking about because the city does grow and it does get new assessed valuations and new properties over a period of seven to ten years. What I am telling you is that unless you did'nt add to your home, or make some significant remodeling, or buy a new home, your taxes in Kane went up 440/. per year for the five year period, down in Cook by dollars, and the rates also went down. Councilwoman Nelson stated, I did'nt come to make a.speech tonight because I work hard on the budget to hold it. I have been on two budgets already and I want you to know that you are represented on the Council by me for the poor and elderly because I am both of them. MY. Steger stated, in listening to the discussion, mostly from Mr. Nelson, I hear big government again. I hear him telling me that our taxes went up only four per cent and only this small number of dollars per year. I have seen and heard this before from other governments and like everybody else have been four per tented to death.. I have been five dollared to death, and it's the attitude that government takes that they have the night to have ever increasing taxes. I also get the tone from Mr. Nelson that he presupposes that there will be an increase in the tax levy in spite of everything that everybody has said, and we have been beating our gums up here for nothing. Councilman Kirkland stated, you are picking on government now because the cost of government is going up and government is in the business of supplying services. Are not private services and are not private tangible items that people buy in the store going up too. It's a problem with the economy. Mr. Steger stated, of course they are, and the things that you can control you stop buying. That is what I have done, I have quit buying the stuff when they go too high. Councilman Kirkland stated, that is why we are looking for direction on what you don't want to buy any more from the city. The example is parks for instance. Parks is something different from the Fire, Police and Public Works. I get a lot of use out of the parks personally, I think a lot of people do, but maybe I can be convinced that a lot of people don't. 1 want people to narrow in on some services that they don't want. 372 VOLUME XLVI Councilman Waters stated, I would like to make just a few comments relative to the discussion tonight because l think there is a lot of postur,i:gg going on. I would like to reiteriate what Mr. Nelson has just said, we are not talking about a budget tonight. We are talking about setting a levy in acticipation and giving us an opportunity to come down where we can't go up. The suggestion was made tonight that the vital services to the community are police, fire and streets, and I think somebody slipped garbage in under- neath that. I would suggest to you that people are not going to move to this community because we lower taxes. I would sugges to you that people are going to move to the community because it is a good community, an attractive community, a good place to raise a family, and a good place to live. I would suggest to you that police, fire, streets and garbage are not the only services which make a community a good place to live. We are not talking about an increase in services, we are talking about an increase in staff, we are talking about already a decrease in present level. We have a half million projected already, less than what the city has anticipated will be needed just to hold the line, just to maintain the present level. I think that what Councilman Kirkland has tried to suggest tonight, and what I am suggesting is that tonight is not the time to decide what services we are going to cut, what personnel we are going to cut. The time to do that is when we have the figures in front of us and we know who we are talking about, and know (` specifically what we are talking about. I am not one for increasing taxes and I don't want to be postured as someone who is for increasing taxes, but I'll tell you this, am willing to pay the increase in taxes if I think it is a rational and valuable service to the community, and I can't say that just on the basis of a tax levy. I can say it when I look at the budget and what the staff says it needs to maintain the level of services that is presently being provided. Bruce Garrey of 911 Forest Drive stated, I am a realist and I realize that we need money to run the city, and I am asking you to hold the line. The assessed valuations are going up, mine is, and I am just asking you to maybe hold the rate. Councilman Gilliam made a motion, seconded by Councilman Waters to close this portion of the Public Hearing. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING ON PROPOSED PROPERTY TAX LE Y OR SPECIAL SERVICE AREA NUMBER TWO Gunnar Carlson of 1195 Cedar Avenue stated, I cam here mainly because last year I appeared here and discussed some aspects of the Service Area Number Two and I gave all of the Councilmen a typed up deal in which at the end I asked for help in getting that tax assessed property`' VOLUME XLVI 373 against all property in the district. I asked the help of the city officials and I have had no response to that until a few weeks ago. Some of us have started a suit for writ of mandamus, to require the assessing officials to assess all of the properties in the district because they are not assessing certain properties which are namely, the churches, Y.W.C.A., and the City of Elgin. When that suit was filed I have to presume that you, the Council, have directed your Counsel to file an intervening petition and that is the first word I have had from the city as to their feeling on this matter. I am presuming that you do not want us to have any relief. As far as the proposed rate of the assessment or the levy, represent the smallest group in this town. The people who have been speaking will be very much annoyed that I am suggesting that this levy be spread over more properties, including that of the City of Elgin, so your general tax budget will be loused up a little bit more. Your rate is still below the m4ximum that original ordinance, which established the would be no point for any discussion from 88 taxpayers in this district, to which w improvement that is for the whole City of 88 taxpayers to pay for it. you established in the district, so there me. There are only object. We have an Elgin and we are asking What I want to ask is when you send this levy to the county authorities that you include in there a statement that it should be levied against all properties in the district, and the city does not consider the churches and its own property exempt. That will comply with established law. Councilman Waters made a motion, seconded by Councilwoman Nelson to close this portion of the .Public. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Marie Yearma City Clerk VOLUME XLVI September 2, 1981 374 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT SPECIAL MEETING A special meeting of the Council of the City of Elgin, Illinois, was held on September 2, 1981, at 9:15 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic, ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Absent: Councilman Schmidt. Also present: Nelson, Yearman, Jentsch and members of staff. Councilman Hansen stated, I make a motion that we keep the tax levy the same as it was proposed in the 1981 budget at $6,359,460. Councilman Hansen's motion died for lack of a second. Councilman Kirkland staged, 111 just say that although I did not vote for this compromise two weeks ago, I am going to vote for it tonight. I think we have to come to a. reasonable figure and I personally, if I felt that I had the votes, would keep the city's options open even more than this ordinance does, but I am willing to engage in a compromise at this point. Councilman Hansen stated, I agree with Mr. Steger. When we say that we are going to lower it later on, and that is why 1 made the motion before, I would be willing to say, and I am sure that we can hold the line and keep the budget as we had it before. Mayor Verbic stated, actually I have felt this way for a long period of time. I can see both sides of the arguments, but we have a twenty per cent increase from 1980, as far as our appropriations and levy in 1980 compared to 1981. 1 would like to see some where along the line maintaining the appropriations as close as possible to the $6,400,000. Councilman Waters made a motion, seconded by Councilwoman to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Nelson and Waters. Nays: Councilman Hansen and Mayor Verbic. 'TAX LEVY ORDINANCE CITY OF ELGIN Kane and Cook Counties, Illinois .For the Fiscal Year Beginning January 1, 1981 and Ending December 31, 1981 ORDINANCE NO. T2-81 ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES. FOR THE FISCAL YEAR BEGINNING JAUNUARY 1, 1981 AND ENDING DECEMBER 31, 1981 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS WHEREAS, the City Council of the City of Elgin . in the Counties of Kane and Cook, in the State of Illinois, did on the 23rd of December 1980 after notice of publication and public hearing adopt a budget in lieu of an annual appropriation ordinance for said City for the fiscal year beginning January 1, 1981, the amount of which is ascertained to be the agregate sum of $43,119,870 WHEREAS, the Constitution of the State of Illinois, 1970, grants the City of Elgin as a Home Rule Unit the power to "...exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: . SECTION 1. That there be and there is hereby levied upon all taxable property within the corporate limits of said City, subject to taxation for the year 1981, the total sum of $6,862,000 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the currrent fiscal year and in the specific amounts levied for the various purposes heretofore named being included herein by being placed in a separate column under the heading "To Be Raised By Taxa- tion" which appears over the same; the tax so levied for the current fiscal year of said City for the certain appropriations specified herein to be collected from said tax levy, the total of which has been ascertained as aforesaid and being summarized as follows: (2) Amount GENERAL CORPORATE PURPOSES Appropriated In accordance with provisions of the 1970 Constitution of Illinois, Art. 7 011 :Mayor and City Council $ 31,785 012 Office of the City Manager 111,085 013 Purchasing and Research 81,170 014 Personnel and Admin. Services 93,235 015 Legal Department 113,955 016 Work Management Analysis 25,370 017 Public information 41,400 018 Human Relations Commission 30,615 019 Boards and Commissions 63,000 020 Finance Department 664,925 030 Department of Buildings 268,160 040 Community Development Department 682,510 050 Police Department 4,724,060 059 Civil Defense Division 2,530 060 Fire Department 3,195,490 071 Public Works - Administration 87,550% 072 Engineering Division 479,930 074 Electrical Division 386,240 075 Sanitation Division 699,045 076 Streets Division 1,354,730 077 Sewers Division 231,000 079 Construction Division 2,730 081 Public Property and Recrea. (Admin.) 64,680 082 Recreation Division 458,550 087 Mall Coordinator 42,480 088 Parks Maintenance 769,915 089 Hemmens Building 146,715 190 Non - Departmental 1,952,910 TOTAL- - GENERAL CORP.:' - PURPOSES $16,805,765 Add: 18 for Loss of Collection.. Total Amount To Be Raised By Taxation SPECIAL CORPORATE PURPOSES 200. Public Benefit .Tax $ 276,400 210 Road and Bridge Fund - In accor- - 93,235 dance with the 1970 Constitution 113,955 - of Illinois, Article 7 150,000 220 CETA Grant Fund 11,300 230 Community Development Grant 1,578,220 270 Federal Revenue Sharing Fund 986,350 280 Illinois Municipal Retirement Fund - 2,124,060 In accordance with the 1970 Constitu- 2,530 tion of Illinois, Article 7 1,221,045 290 Motor Fuel Tax Fund 1,062,550 300 Corporate Bond Fund - Principal 386,240 - and Interest on Corporate Bonds - - 1,354,730 In accordance with provisions of 231,000 - Section 6, Article 7 of the - 64,680 Constitution of Illinois. 939,890 Estimated Receipts From To Be Raised Other Sources By Taxation $ 31,785 $ - 111,085 - 81,170 - 93,235 - 113,955 - 25,370 - 41,400 - 30,615 - 63,000 - 664,925 - 268,160 - 682,510 - 2,124,060 2,600,000 2,530 - 1,711,570 1,483,920 87,550 - 479,930 - 386,240 - 699,045 - 1,354,730 - 231,000 - 2,730 - 64,680 - 458,550 - 42,480 - 769,915 - 146,715 - 1,952,910 - $12,721,845 $ 4,083,920 .41,252 $ 4,125,172 $ 161,920 15,000 11,300 1,578,220 986,350 752, 10 1,062,550 447,845 $ 114,480 135,000 468,235 492,045 Total Receipts. From Sources Other Than Taxation $36,326,490 Total To Be Raised By Taxation $ 6,793,380 Add: 1% For Loss of Collection 68,620 Total Amount To Be Raised By Taxation - All Purposes $ 6.862.000 The total amount of $43,119,870 levied by this ordinance for all funds is herein itemized as follows: (Itemized amounts on the pages which follow) Estimated Amount Receipts From To Be Raised SPECIAL CORPORATE PURPOSES Appropriated Other Sources By Taxation 330 Spring Street Parking Const. $ 430,920 $ 430,920 $ - 340 Park Development Fund 207,000 207,000 - 350 Downtown Redevelopment Fund 304,815 304,815 - 360 Capital Imprv. - Streets 21,000 21,000 - 375 Capital Imprv. - Otter Creek(CEity)1152,000 152,000 - 376 Capital Imprv. - Otter Creek(St,.) 300,000 300,000 - 377 'Capital Imprv. - old Main 27,000 27,000 - 390 Water Bonds - Project Fund 4,520,000 4,520,000 - 400 Water Operating Fund 5,378,360 5,278,360 - 410 Water Improvement Fund 270,000 270,000 - 450 Parking Operating Fund 273,575 273,575 - 455 Spring St. Parking Oper. Fund 277,100 277,100 - 490 Parking Construction Fund 614,000 614,000 - 500 Cemetery Operating Fund 164,165 164,165 - 540 Golf Operating Fund 302,495 302,495 - 543 Golf Improvement Fund 38,075 38,075 - 570 Transportation Operating Fund 2,352,105 2.352,105 - 575 School Bus Charter Fund 101,315 101,315 - 600 Police Pension Fund 1,462,000 684,900 777,100 610 Fire Pension Fund 1,403,000 680,400 722,600 630 Self Insurance Trust Fund 611,065 611,065 - 700 Municipal Garage Fund (Ann St.) 377,160 377,160 - 705 Municipal Garage Fund (Crystal St.)601,200 601,200 - TOTAL SPECIAL CORPORATE PURPOSES 826,314,105 $23.604.645 $ 2,709,460 Add: 1% For Loss of Collection 27,368 Total Amount To Be Raised By Taxation For Special Corporate Purposes $ 2,736,828 Grand Total - Appropriation - All Purposes $43,119,870 Total Receipts. From Sources Other Than Taxation $36,326,490 Total To Be Raised By Taxation $ 6,793,380 Add: 1% For Loss of Collection 68,620 Total Amount To Be Raised By Taxation - All Purposes $ 6.862.000 The total amount of $43,119,870 levied by this ordinance for all funds is herein itemized as follows: (Itemized amounts on the pages which follow) CITY OF ELGIN APPROPRIATIONS AND MEANS OF FINANCING BUDGET FOR THE YEAR 1981 r. Estimated Receipts From Sources To Be Appropriation Other Than Raised By Code 1981 Taxation Taxation Number Expenditure Classification General Corporate Purposes: 011 -.Mayor and City Council 700 Salaries and Wages $ 9,000 $ 9,000 $ - 7054 Pension Contributions - FICA 600 600 - 707 Other Employee Costs 105 105 - 710 Office Supplies 1,165 1,165 - 720 General Operating Supplies 125 125 - 795 Miscellaneous Supplies 100 100 - 820 Office Services 6,975 6,975 - 825 Postage and Telephone 315 315 - 830 Transportation, Conferences 13,400 13,400 - 850 Total $ 31,785 $ 31,785 $ - 012 - Office of City Manager 700 Salaries and Wages $ 88,470 $ 88,470 $ - 7051 Pension Contributions - IM.RF 9,925 9,925 - 707 Other Employee Costs 2,650 2,650 - 710 Office Supplies 2,610 2,610 - 720 General Operating Supplies 1,040 1,040 - - 820 Office Services 1.,020 1.,020 - 825 Postage and Telephone 1,380 1,380 - 830 Transportation, Conferences 2,695 2,695 - 835 Training Expense 450 450 - 850 Repair & Maintenance Services 625 625 - 860 Rentals 110 110 - 970 Capital Additions 110 110 - - Total $111,085 $111,085 $ - 013 - Purchasing and Research 700. Salaries and Wages $ 63,370 $ 63,370 $ -- 7051 Pension Contributions - IMRF 7,985 7,985 - 7054 Pension Contributions - FICA 40 40 - 707 Other Employee Costs 3,575 3,575 - 710 Office Supplies 1,350 1,350 - 820 Office Services 2,125 2,125 - 825 Postage and Telephone 1,450 1,450 - 830 Transportation, Conferences 600 600 - 835 Training Expense 500 500 - 850 Repair & Maintenance Services 175 175 - Total $ 81,170 $ 81,170 $ - 014 - Personnel and Administrative Services 700 Salaries and Wages $ 62,100 $ 62,100 $ - 7051 Pension Contributions - IMRF 7,490 7,490 - 7054 Pension Contributions - FICA 175 175 - Code Appropriation Number Expenditure Classification 1981 General Corporate Purposes: 014 - Personnel and Administrative Services -cone. 707 Other Employee Costs $ 3,680 710 Office Supplies 2,560 795 Miscellaneous Supplies 180 800 Professional Services 2,250 820 Office Services 4,775 825 Postage and Telephone 2,120 830 Transportation, Conferences 1,025 835 Training Expense 2,800 850 Repair & Maintenance Services 260 860 Rentals 1,195 886 Surety Bonds 25 959 Unclassified Expenditures 1,100 970 Capital Additions 1,500 Total $,93,235 015 - Legal Department Estimated Receipts From Sources Other Than Taxation $ 3,680 2,560 180 2,250 4,775 2,120` 1,025 2,800 260 1,195 25 " 1,100 1,500 $ 93,235 700 Salaries and Wages $ 65,655 $ 65,655 7051 Pension Contributions - IMRF 8,340 8,340 7054 Pension Contributions - FICA 25 25 707 Other Employee Costs 3,545 3,545 710 Office Supplies 5,045 5,045 800 Professional Services 24,800 24,800 820 Office Services 2,055 2,055 825 Postage and Telephone 1,550 1,550 830 Transportation, Conferences 2,000 - 2,000 835 Training Expense 545 545 850 Repair & Maintenance Services 195 195 970 Capital Additions 200 200 Total $113,955 $113,955 " 016 - Work Management Analysis 700 Salaries and Wages $ 20,590 $ 20,590 7051 Pension Contributions - IMRF 2,630 2,630 707 Other Employee Costs 1,220 1,220 710 Office Supplies 260 260 820 Office Services 150 150 825 Postage and Telephone 155 155 835 Training Expense 300 300 850 Repair & Maintenance Services 65 65 Total $ 25,370 $ 25,370 017 - Public Information 700 Salaries and Information $ 23,420 $ 23,420 7051 Pension Contributions - IMRF 2,990 2,990 707 Other Employee Costs 1,240 1,240 710 Office Supplies 2,295 2,295 720 General Operating Supplies 200 200 820 Office Services 4,360 4,360 825 Postage and Telephone 4,975 4,975 830 Transportation, Conferences 375 375 835 Training Expense 350 350 To Be Raised By Taxafinn S - S - Estimated Receipts From Sources Code Appropriation Other Than Number Expenditure Classification 1981 Taxation General Corporate Purposes: To Be Raised By Taxation i. 017 - Public Information - contd. Economic Development Comm. $ 12,000 $ 12,000 $ - 9533 850 Repair & Maintenance Services $ 65 $ 65 $ - 970 Capital Additions 9535 1,130 25,000 1,130 - Total $ 41,400 $ 41,400 $ - 018 - Human Relations Commission 700 Salaries and Wages $389,000 $389,000 700 Salaries and Wages $ 23,030 $ 23,030 $ - 7051 Pension Contributions - IMRF 25 2,940 707 2,940 - 707 Other Employee Costs 708 1,220 350 1,220 - 710 Office Supplies 20,190 900 - 900 - - 720 General Operating Supplies - 50 Repair & Maintenance Supplies 50 - 820 Office Services Materials For Resale 125 600 125 - 825 Postage and Telephone 2,450 640 800 640 - 830 Transportation, Conferences 820 1,210 17,000 1,210 - 835 Training Expense 35,850 500 - 500 - 2,850 Total $ 30,615 $ 30,615 $ - 019 - Boards and Commissions 9532 Economic Development Comm. $ 12,000 $ 12,000 $ - 9533 Beautification Commission 500 500 - 9534 Chamber of Commerce 25,500 25,500 - 9535 Central Elgin Corporation 25,000 25,000 - Total $ 63,000 $ 63,000 $ - 020 - Finance Department 700 Salaries and Wages $389,000 $389,000 $ - 7051 Pension Contributions - IMRF 48,845 48,845 - 7054 Pension Contributions - FICA 25 25 - 707 Other Employee Costs 24,850 24,850 - 708 Employee Transfer Charges 350 350 - 710 Office Supplies 20,190 20,190 - 720 General Operating Supplies 600 600 - 740 Repair & Maintenance Supplies 100 100' - 770 Materials For Resale 600 600 - 780 Regulatory Supplies 2,450 2,450 - 800 Professional Services 24,500 24,500 - 820 Office Services 17,000 17,000 - 825 Postage and Telephone 35,850 35,850 - 830 Transportation, Conferences 2,850 2,850 - 835 Training Expense 2,100 2,100 - 850 Repair & Maintenance services 2,800 2,800 - 860 Rentals 81,565 81,565 - 870 Miscellaneous Services 900 900 - 886 Surety Bonds 50 50 - 959 Unclassified Expenditures 200' 200 - 960 Capital Replacements 1,200 1,200 - 970 Capital Additions 6,900 6,900 - 980 Major Repairs 2,000 2,000 - Total $664,925 $664,925 $ - Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1981 Taxation Taxation General corporate Purposes: 030 - Department of Buildings 700 Salaries and Wages $ 143,640 $ 143,640 $ - 7051 Pension Contributions - IMRF 17,560 17,560 - 7054 Pension Contributions - FICA 350 350 - 707 Other Employee Costs 11,040 11,040 - 709 Personal Services Recovered (6,100) (6,100) - 710 Office Supplies 675 675 - 720 General Operating Supplies 7,050 7,050 - 740 Repair &:Maintenance Supplies 10,050 10,050 - 820 Office Services 285 285 - 825 Postage and Telephone 860 860 - 830 Transportation, Conferences 840 840 - 835 Training Expense 480 480 - 840 Utilities 26,765 26,765 - 850 Repair & Maintenance Services 21,640 21,640 - 860 Rentals 185 185 - 870 Miscellaneous Services 1,750 1,750 - 960 Capital Replacements 280 280 - 970 Capital Additions 110 110 - 980 Major Repairs 29,200 29,200 - 990 New Construction 1,500 1,500 - Total $ 268,160 $ 268,160 $ - a` 040 - Community Development Department 700 Salaries and Wages $ 458,460 $ 458,460 $ - 7051 Pension Contributions - IMRF 56,950 56,950 - 7054 Pension Contributions - FICA 485 485 - 707 Other Employee Costs 37,405 37,405 - 709 Personal Services Recovered (2,500) (2,500) - 710 Office Supplies 9,560 9,560 720 General operating Supplies 7,550 7,550 - 740 Repair &Maintenance Supplies 20 20 - 770 Materials For Resale 1,000 1,000 - 800 Professional Services 61,300 61,300 - 820 Office Services 8,310 8,310 - 825 Postage and Telephone 5,645 5,645 - 830 Transportation, Conferences 2,6.75.. 2,675 - 835 Training Expense 1,020 1,020 - 850 Repair & Maintenance Services 6,145 6,145 - 860 Rentals 375 375 - 870 Miscellaneous Services 17,375 17,375 - 960 Capital Replacements 10,085 10,085 - 970 Capital Additions 650 650 - Total $ .682,510 $ .6 82,510 $ - 050 - Police Department 700 Salaries and Wages $ 3,071,060 $ 471,060 $ 2,600,000 7051 Pension Contributions - IMRF 58,010 58.,010 - 7052 Pension Contributions - Police 830,000 830,000 7054 Pension Contributions - FICA 2,490 2,490 - 707 Other Employee Costs 268,550 268,550 - 059 - Civil Defense Division 720 General Operating Supplies $ 25 EBtimated 25 $ - 740 Repair & Maintenance Supplies Receipts 100 - 820 From Sources To Be Code 20 Appropriation Other Than Raised By Number Expenditure Classification 1981 Taxation Taxation General Corporate Purposes: 200 200 050 - Police Department - contd. 835 Training Expense 200 709 Personal Services Recovered $ (2,500) $ (2,500) $ - 710 Office Supplies 26,400 2b,400 - 720 General Operating Supplies 162,980 162,980 - 740 Repair & Maintenance Supplies 1,040 1,040 - 780 Regulatory Supplies 600 600 - 795 Miscellaneous Supplies 75 75 - 800 Professional Services 1,850 1,850 - 820. Office Services 12,770 12,770 - 825 Postage and Telephone 25,865 25,865 - 830 Transportation, Conferences 3,500 3,500 - 835 Training Expense 10,000 10,000 - 840 Utilities 2,115 2,115 - 850 Repairs & Maintenance Services 105,545 105,545 - 860 Rentals 1,820 1,820 - 870 Miscellaneous Services 17,130 17,130 - 8$6 Surety Bonds 100 100 - 959 Unclassified Expenditures 5,000 5,000 - 960 Capital Replacements 90,700 90,700 - 970 Capital Additions 17,460 17,460 - 980 Major Repairs 11,500 11,500 - 2,725 Total $4,724,060 $2,124,060 $2,600,000 059 - Civil Defense Division 720 General Operating Supplies $ 25 $ 25 $ - 740 Repair & Maintenance Supplies 100 100 - 820 Office Services 20. 20 - 825 Postage and Telephone 1,585 1,585 - 830 Transportation, Conferences 200 200 - 835 Training Expense 200 200 - 840 Utilities 250 250 - 850 Repair & Maintenance Services 75 75 - 860 Rentals 75 75 - Total $ 2,530 $ 2,530 $ - 060 - Fire Department 700 Salaries and Wages $2.,01.9,900 $ 535,980 $1,483,920 7051 Pension Contributions - IMRF 2,180 2,180 - 7053 Pension Contributions - Fire 780,000 780,000 - 7054 Pension Contributions - FICA 50 50 - 707 Other Employee Costs 179,900 179,900 - 709 Personal Services Recovered (2,500) (2,500) - 710 Office Supplies 3,550 3,550 - 720 General Operating Supplies 34,765 34,765 - 740 Repair & Maintenance Supplies 8,050 8,050 - 820 Office Services 950 950 - 825 Postage and Telephone 6,285 6,285 - 830 Transportation, Conferences 2,725 2,725 - 835 Training Expense 11,370 11,370 - 840 Utilities 12,970 12,970 - 850 Repair & Maintenance Services 18,940 18,940 - Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By number Expenditure Classification 1981 Taxation Taxation General Corporate Purposes: 060 - Fire Department - contd. 860 Rentals $ 1,490 $ 1,490 $ - 870 Miscellaneous Services 2,850 2,850 - 960 Capital Replacements 94,125 94,125 - 970 Capital Additions 11,575 11,575 - 980 Major Repairs 6,315 6,315 - Total $3,195,490 .$1,711,570 $1,483,920 071 - Public Works Department - Administration 700 Salaries and Wages $ 68,265 '$ 68,265 $ - 7051 Pension Contributions - IMRF 7,950 7,950 - 7054 Pension Contributions - FICA 60 60 - 707 Other Employee Costs 3,550 3,550 - 710 Office Supplies 865 865 - 720 General Operating Supplies, 1,190 1,190 - 740 Repair & Maintenance Supplies 10 10 - 820 Office Services 235 235 - 825 Postage and Telephone 1,975 1,975 - 830 Transportation, Conferences 1,620 1,620 - 835 Training Expense 250 250 - 850 Repair & Maintenance Services 1,135 1,135 - 970 Capital Additions 445 445 - Total $ 87,550 $_ 87,550 $ - 072 - Engineering Division 700 Salaries and Wages $ 338,735 $ 338,735 $ - 7051 Pension Contributions - IMRF 42,045 42,045 - 7054 Pension Contributions - FICA 440 440 - 707 Other Employee Costs 34,015 34,015 - 710 Office Supplies 3,035 3,035 - 720 General Operating Supplies 11,190 11,190 - 740 Repair & Maintenance Supplies 14,780 14,780 - 800 Professional Services 1,500 1,500 - 820 Office Services 930 930 - 825 Postage and Telephone 2,795 2,795 - 830 Transportation, Conferences 2,045 2,045 - 835 Training Expense 250 i250 - 840 Utilities 2,115 2,115 - 850 Repair & Maintenance Services 7,375 7,375 - 870 Miscellaneous Services 75 75 - 960 Capital Replacements 5,000 5,000 - 970 Capital Additions 2,305 2,305 - 980 Major Repairs 11,300 11,300 - Total $ 479,930 $ 479,930 $ - 074 - Electrical Division 700 Salaries and Wages $ 102,360 $ 102,360 $ - 7051 Pension Contributions - IMRF 12,450 12,450 - 7054 Pension Contributions - FICA 320 320 - 707 Other Employee Costs 13,375 13,375 - 708 Employee Transfer Charges 2,000 2,000 - 709 Personal Services Recovered (12,000) (12,000) - Estimated Receipts From Sources. To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1981 Taxation Taxation General Corporate Purposes: 074 - Electrical Division - contd. Salaries and Wages $ 313,005 710 Office Supplies $ 25 $ 25 $ - 720 General Operating Supplies 5,540 5,540 - 740 Repair & Maintenance Supplies 25,480 25,480 - 770 Materials For Resale 10,000 10,000 - 799 Material Costs Recovered (3,000) (3,000) - 820 Office Services 105 105- - 825 Postage and Telephone 420 420 - 830 Transportation, Conferences 600 600 - 835 Training Expense 800 800' - 840 Utilities 215,960 - 215,960 - 850 Repair & Maintenance Services 3,685 3,685 - 860 Rentals 400 400 - 870 Miscellaneous Services 75 75 - 960 Capital Replacements 7,310 7,310 - 970 Capital Additions 335 335 - Total $ 386,240 $ 386,240 $ - 075 - Sanitation Division 700 Salaries and Wages $ 313,005 $ ' 313,005 $ - 7051 Pension Contributions - IMRF 39,635 39,635 - 7054 Pension Contributions - FICA- 160 160 - 707 Other Employee Costs 42,990 42,990 - 708 Employee Transfer Charges 3,000 3,000 - 710 Office Supplies 90 90- 720 General Operating Supplies 34,110 34,110 - 740 Repair & Maintenance Supplies 110 110 - 820 Office Services 150 150 - 825 Postage and Telephone 360 360 - 835 Training Expense 250 250 - 840 Utilities 126,000 126,000 - 850 Repair & Maintenance Services 72,245 72,245 - 870 Miscellaneous Services 440 440 - 960 Capital Replacements 66,500 66,500 - Total $ 699,045 $ 599,045 $ - 076 - Streets Division 700 Salaries and Wages $ 405,435 $ 405,435 $ - 7051 Pension Contributions - IMRF 49,865 49,865 - 7054 Pension Contributions - FICA 960 960 - 707 Other Employee Costs 53,920 53,920 - 708 Employee Transfer Charges 4,000 4,000 - 709 Personal Services Recovered (20,000) (20,000) - 720 General Operating Supplies 44,360 44,360 - 740 Repair & Maintenance Supplies 45,125 45,125 - 799 Material. Costs Recovered (3,000) (3.,000) - 800 Professional Services 52,800 52,800 - 820 Office. Services 620 620 - 830 Transportation, Conferences 1,135 1,135 - - 835 Training Expense 250 250 - 840 Utilities 7,995 7,995 - Estimated Receipts - From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1981 Taxation Taxation General Corporate Purposes: 076 - Streets Division - contd. 850 Repair & Maintenance Services $ 125,690 $ 125,690 $ - 860 Rentals 1,700 1,700 - 870 Miscellaneous Services 1,575 1,575 - 960 Capital Replacements 39,775 39,775 - 970 Capital Additions 3,425 3,425 - 980 Major Repairs 537,000 537,000 - 990 New Construction 2,100 2,100 - Total $1,354,730 $1,354,730 $ - 077 - Sewers Division 700 Salaries and Wages $ 139,855 $ 139,855 $ - 7051 Pension Contributions - IMRF 17,845 17,845 - 707 Other Employee Costs 14,020 14,020 - 709 Personal Services Recovered (6,000) (6,000) - 720 General Operating Supplies 12,425 12,425 - 740 Repair and Maintenance Supplies 8,730 8,730 - 820 Office Services 220 220 - 825 Postage and Telephone 160 160 - 830 Transportation, Conferences 20 20 - 840 Utilities 5,640 5,640 - 850 Repair & Maintenance Services 16,375 16,375 - 860 Rentals 50 50 - 870 Miscellaneous Services 900 900 - 960 Capital Replacements 760 760 - 980 Major Repairs 20,000 20,000 - Total $ 231,000 $ 231,000 $ - 079 - Construction Division 700 Salaries and Wages $ 186,790 $ 186,790 $ - 7051 Pension Contributions - IMRF 23,395 23,395 - 707 Other Employee Costs 22.,545 22,545 - 709 Personal Services Recovered. (232,730) (232,730) - 720 General Operating Supplies 26,250 26,250 - 740 Repair & Maintenance Supplies 2,575 2,575 - 799 Material Costs Recovered (28,825) (28,825) - 820 Office Services 30 30 - 630 Transportation, Conferences 10 10 - 840 Utilities 3,185 3,185 - 850 Repair & Maintenance Services 41,310 41,310 - 860 Rentals 145 145 - 870 Miscellaneous Services 160 160 - 879 Contractual Costs Recovered (44,840) (44,640) - 960 Capital Replacements 2,730 2,730 - Total $ 2,730 $ 2,730 $ - 081- Public Property & Recreation - Administration 700 Salaries and Wages $ 49,015 $ 49,015 $ - 7051 Pension Contributions - IMRF 5,875 5,875 - 7054 Pension Contributions - FICA 25 25 - 707 Other Employee Costs 2,445 2,445 - Code Appropriation Number Expenditure Classification 1981 Estimated Receipts From Sources Other Than Taxation To Be Raised By Taxation 081 - Public Property & Recreation - Administration contd. 710 office Supplies $ 1,870 $ 1,870 $ - 720 General Operating Supplies 800 800 - 820 office Services 380 380 - 825 Postage and Telephone 1,325 1,325 - 830 Transportation, Conferences 940 940 - 835 Training Expense 535 535 - 850 Repair & Maintenance Services 1,230 1,230 - 970 Capital Additions 240 240 - Total $ 64,680 $ 64,680 $ - 082 - Recreation Division 700 Salaries and Wages $ 234,480 $ 234,480 $ - 7051 Pension Contributions - IMRF 11,555 11,555 - 7054 Pension Contributions - FICA 9,570 9,570- - 707 Other Employee Costs 12,230 12,230 - 710 Office Supplies 1,805 1,805 - 720 General Operating Supplies 41,145 41,145 - 740 Repair & Maintenance Supplies 4,295 4,295 - 770 Materials For Resale 2,070 2,070 - 820 Office Services 6,230 6,230 - 825 Postage and Telephone 7,835 7,835 - 830 Transportation, Conferences 4,330 4,330 - 840 Utilities 44,765 44,765 - 850 Repair & Maintenance Services 3,675" 3,675 - 860 Rentals 30,775 30,775 - 870 Miscellaneous Services 24,030 24,030. - 960 Capital Replacements 3,060 3,060 - 970 Capital Additions 1,360 1,360 - 980 Major Repairs 15,340 15,340 - Total $ 458,550 $ 458,550 $ - 087 - Mall Coordinator 700 Salaries and Wages $ 21,845 $ 21,845 $ - 7051 Pension Contributions - IMRF 2,665 2,665 - 7054 Pension Contributions - FICA 65 65 - 707 Other Employee Costs 1,230 1,230 - 708 Employee Transfer Charges 3,640 3,640 - 709 Personal Services Recovered (6,250) (6,250) - 710 Office Supplies 445 445 - 720 General Operating Supplies 405 405 - 740 Repair & Maintenance Supplies 65 65 - 820 Office Services 11,925 11,925 - 825 Postage and Telephone 945 945 - 830 Transportation, Conferences 300 300 - 835 Training Expense 100 100 - 850 Repair & Maintenance Services 165 165 - 860 Rentals 150 150 - 870 Miscellaneous Services 4,785 4,785 - - Total $ 42,480 $ 42,480 $ - Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1981 Taxation Taxation General Corporate Purposes: 088 - Parks Maintenance 700 Salaries and Wages $ 350,370 $ 350,370 $ - 7051 Pension Contributions - IMRF 42,875 42,875 - 7054 Pension Contributions- FICA 935 935 - 707 Other Employee Costs 25,975 25,975- - 708 Employee Transfer Charges 4,000 4,000 - 709 Personal Services Recovered (2,800) (2,800) - 710 Office Supplies 215 215 - 720 General Operating Supplies 47,320 47,320 - 740 Repair & Maintenance Supplies 12,300 12,300 - 780 Regulatory Supplies 30 30 - 800 Professional Services 200 200 - 820 Office Services 330 330 - 825 Postage and Telephone 1,225 1,225 - 830 Transportation, Conferences 715 715 - 835 Training Expense 845 845 - 840 Utilities 18,280 18,280 - 850 Repair & Maintenance Services 19,200 19,200 - 860 Rentals 200 200 - 870 Miscellaneous Services 12,600 12,600 - 960 Capital Replacements 13,910 13,910 970 Capital Additions 25,190 25,190 - 990 New Construction 196.,000 196,000 - Total $ 769,915 $ 769,915 $ - 089 - Public Property and Recreation - Hemmens Building 700 Salaries and Wages $ 81,190 $ 81,190 $ - 7051 Pension Contributions - IMRF 7,045 7,045 - 7054 Pension Contributions - FICA 1,725 1,725 - 707 Other Employee Costs 6,260 6,260 - 708 Employee Transfer Charges 6,250 6,250 - 709 Personal Services Recovered (3,640) (3,640) - 710 Office Supplies 1,195 1,195 - 720 General Operating Supplies 3,510 3,510 - 740 Repair -& Maintenance Supplies 3,275 3,275 - 770 Materials For Resale 9,600 9,600 - 820 Office Services 1,355 1,355 - 825 Postage and Telephone 2,835 2,835 - 830 Transportation, Conferences 655 655 - 835 Training Expense 465 465 - 840 Utilities 22,865 22,865 - 850 Repair & Maintenance Services 1,580 1,580 - 860 Rentals 150 150 - 870 Miscellaneous Services 4,450 4,450 - 877 Hemmens Productions (7,800) (7,800) - 970 Capital Additions 250 250 - 980 Major Repairs 3,500 3,500 - Total $ 146,715 $ 146,715 $ - Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1981 Taxation Taxation General Corporate Purposes: 190 - Non - Departmental 710 Office Supplies $ 490 $ 490 $ - 720 General Operating Supplies 13,525 13,525. - 740 Repair & Maintenance Supplies 30 30 - 800 Professional Services 23,000 23,000 - 825 Postage and Telephone 22,150 22`,150 - 830 Transportation, Conferences 500 500 - 850 Repair & Maintenance Services 2,200 2,200 - 9195 Transfer to Golf Fund 30,000 30,000 - 9197 Transfer to Cemetery Fund 6,050 6,050 - 950 Real Estate Taxes 1,500 1,500 - 953 Contributions 750 750 - 955 Contingencies 52,715 52,715 - 9551 Working Cash Requirement 1,250,000 1,250,000 - 9552 Property Tax Delay 550,000 550,000 - Total $ 1,952,910 $ 1,952,910 $ - Total Appropriation $16,805,765 Total Estimated Revenue From Sources Other Than Taxation Amount To Be Raised. By Taxation Add: 18 For Loss of Collection Total Amount To Be Raised By Taxation General Corporate Purposes Special Corporate Purposes: 200 - Public Benefit Fund Installments and Interest due on various Special Assessment Projects as follows: Warrant Number Elgin No. 11 due on 1 -2 -82 $ - 70- TX- 10131 due on 1 -2 -82 - 73 -TX -17694 due on 1 -2 -82 2,025 Elgin No. 12 due on 1 -2 -82 1,884 75 -TX -2906 due on 1 -2 -82 2,119 76 -TX -3225 due on 1 -2 -82 1,702 75-TX -7601 due on 1 -2 -82 - , Area I Improvements 268,670 Total $ 276,400 Total Appropriation $ 276,400 Total Revenue From Sources Other Than Taxation $12,721,845 $4,083,920 41,252 $4,125,172 ^a, $ 2,025 1,884 2,119 1,702 161,920 106,750 $ 161,920 $ 114,480 $ 161,920 L`SL73maLea Receipts From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1981 Taxation Taxation Special Corporate Purposes: Amount To Be Raised By Taxation $ 114,480 Add: 18 For Loss of Collection 1,156 Total Amount To Be Raised By Taxation For Public Benefit Purposes $ 115,6376 210 - Road and Bridge Fund Transfer for Street & Bridge 9,675 $ 9,675 $ - 7054 Pension Contributions - FICA Repairs $ 150,000 $ 15,000 $ 135,000 Total $ 150,000 4_ 15,000 $ 135,000 Total Appropriation $ 150,000 11,300 $ 11,300 Total Revenue From Sources Other Than Taxation S 15,000 800 Professional Services $ Amount To Be Raised By Taxation $ 51,500 $ - $ 135,000 Add: 18 For Loss of Collection 135,100 - 9191 Transfer To General Fund 29,400 1,364 Total Amount To Be Raised By Taxation For 952 Rehabilitation Loans or Grants 350,000 Road and Bridge Fund - 9521 N H S Loans 175,000 $ 136.364 220 - CETA Grant. Fund 700 Salaries and Wages $ 9,675 $ 9,675 $ - 7054 Pension Contributions - FICA 645 645 - 707 other Employee Costs 1,085 1,085 - 709 Personal Services Recovered (105) (105) - Total $ 11,300 $ 11,300 $ - 230 - Community Development Grant 800 Professional Services $ 51,500 $ 51,500 $ - 919 Miscellaneous Transfers 135,100 135,100 - 9191 Transfer To General Fund 29,400 29,400' - 952 Rehabilitation Loans or Grants 350,000 350,000 - 9521 N H S Loans 175,000 175,000 - 954 Relocation Payments 8,000 8,000" - 970 Capital Additions 95,300 95,300 - 9706 6th Year Grant Projects 106,775 106,775 - 9707 7th Year Grant Projects 123,375 123,375 - 990 New Construction 503,770 503,770 - Total $ 1,578,220 $ 1,578,2!20 $ - 270 - Federal Revenue Sharing Fund. 9191 Transfer To General Fund $ 749,600 $ 749,000 $ - 9194 Transfer To Capital Imprv. Pd. 218,500 218,500 - 955 Contingencies 18,850 18,850 - Total $ 986,350 $ 986,350 $ - 280 - Illinois Municipal Retirement Fund All such monies as the law provides that shall be paid to Municipal Retire- ment Fund $ 1,221,045 $ 752,810 $ 468,235 Total Appropriation $ 1,221,045 Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1981 Taxation Taxation Special Corporate Purposes: 280 - Illinois Municipal Retirement Fund - contd. Total Revenues From Sources Other Than Taxation $. 752.,810 Amount To Be Raised By Taxation $ 468,235 Add: 18 For Loss of Collection 4,730 Total Amount To Be Raised By Taxation For Municipal Retirement Fund $ 472,965 290 - Motor Fuel Tax Fund 761 Premix $ 40,400 $ 40,000 $ - 764 Salt 65,000 65,000 - 855 Seal Coating 45,000 45,000 - 856 Snow Removal 5.,000 5,000 - 857 Street. Resurfacing 330,000 330,000 -. 859 Traffic Signals 37,000 37,000 - Total $ 522,000 $ 522,000 $ - Interfund Transfers 920 Catch Basins $ 18,000 $ 18,000 $ - 921 Crack Filling 15,000 15,000 - 922 Premix Patching 90,000 90,000 - 923 Snow and Ice Control 130,000 130,000 - 924 Storm. Sewers 10,000 10,000 - 925 Street. Sweeping 130,000 130,000 - 926 Tree Trimming 30,000 30,000 - 927 Maintenance Engineering 9,000 9,000 - 928 Traffic Markings 5,000 5,000 - 929 Traffic Lights - Energy 45,000 45,000 - 930 Traffic < Lights - Labor 30,000 30,000 - 937 Curbs. and Gutters 7,000 7,000 - Total $ 519,000 $ 519,000 $ - Other Charges 955 Contingencies $ 21,550 $ 21,550 $ - Total Motor Fuel Tax $ 1,062,550 $ 1,062,550 $ - 300 - Corporate Bond Fund 901 Principal Payment $ 750,000 $ .350,000 $ 400,000 902 Interest Payment - 189,890 57,650 132,240 Total $ 939,890: $ .407,650. $, 532,240 Estimated Receipts From Sources To Be code Appropriation Other Than Raised By Number Expenditure Classification 1981 Taxation Taxation S cial Cor rate Purposes: of propriation $ 939,890 Total Revenue From Sources Other Than Taxation $ 407,650 Amount To Be Raised By Taxation $ 532,240 Less: Estimated Property Tax Replacement 40,195 492,045 Add: 18 For Loss of Collection 4,970 Total Amount To Be Raised By Taxation For Corporate Bond Purposes $ 497,915 330 - Spring Street Parking Construction 970 Capital Additions. $ 69,590 $ 69,590 $ - 990 New Construction 361,330 361,330 - Total $ 430,920 $ 430,920 $ - 340 - Park Development Fund 9191 Transfer To General Fund $ 52,500 $ 52,500 $ - 990 New Construction 154,500 154,500 - _ Total $ 207,000 $207,000 $ - 350 - Downtown Redevelopment Fund 840 Utilities $ 1,200 $ 1,200 $' - 850 Repair & Maintenance. Services 500 500 - 9011 Principal Payment 268,075 268,075 - 9021 Interest Payment 27,935 27,935 - 950 Real Estate Taxes 6,500 6,500 - 955 Contingencies 605 605 - Total $ 304,815 $ 304,815 $ - 360 - Capital Improvements - Streets _ 990 New Ccnstruction - $ 21.,.000 $ 21,000 $ - 375 - Capital Improvements - Otter Creek (City). 990 New Construction $ 152,000 $ 152.,000 $ - 376 - Capital Improvements - Otter Creek (State) 990 New Construction $ 300,000 $. 300,000 $ - 377 - Capital Improvements - Old Main 980 Major Repairs $ 27,000 $ 27,000. $. - 390 - Water Bonds - Project Fund 970 Capital. Additions $ 4,120,000 $.4,120,000 $ - 990 New Construction 400,000 400,000 - Total $ 4,520,000 $ 4,520,000 $ - Estimated Receipts From Sources Code Appropriation Other Than Number Expenditure Classification 1981 Taxation Special Corporate Purposes: 400 - Water Operating Fund Principal Payment _ 700 Salaries and Wages $ 533,130 $ 533,130 7051 Pension Contributions - IMRF 64,760 64,760 7054 Pension Contributions - FICA 1,530 1,530 707 Other Employee Charges 57,465 57,465 708 Employee Transfer Charges 2,000 2,000 710 Office Supplies 2,860 2,860 720 General Operating Supplies 252,250 252,250 740 Repair &Maintenance Supplies 60,370 60,370 770 Materials For Resale 3,500 3,500 800 Professional Services 21,400 21,400 820 Office Services 1,145 1,145 825 Postage and Telephone 6,010 6,010 830 Transportation, Conferences 3,575 3,575 835 Training Expense 1,000 1,000 840 Utilities 646,355 646,355 850 Repair & Maintenance Services 236,905 236,905 860 Rentals 400 400 870 Miscellaneous Services 2,600 2,600 Total $ 1.,897,255 $ 11897,255- Bonds and Interest 9011 Principal Payment $ 150,000 $ 150,000 9021 Interest Payment 9,000 9,000 9031 G.O. Principal - 1976 Water 75,000 75,000 9032 G.O. Principal - 1979 Water 300,000 300,000 9036 G.O. Interest - 1976 Water 50,075 50,075 9037 G.O. Interest - 1979 Water 979,415 979,415 $ 391,000 Total $ 1,563,490 $ 1,563,490 Interfund Transfers 906 Transfer - Admin. Costs $ 99,000 $ 99,000 913 Transfer To Imprv. Fund 48,000 _ 48,000 915 Transfer To Bond Reserve 24,000 24,000 917 Transfer In Lieu Of Taxes 220,000 220,000 960 Total $ $ 391,000 $ 391,000 $ 9,565 950,000 $ 959,565 $ 125,655 221,795 119,600 $ 467,050 $ 5,278,360 To Be Raised By t` Taxation Other Charges 955 Contingencies $ 9,565 9559 Provision For Debt Service 950,000 Total $ 959,565 Capital Expenditures 960 Capital Replacements $ 125,655 970 Capital Additions 221,795 980 Major Repairs 119,600 Total $ 467,050 Total - Water Operating $ 5,278,360 $ 9,565 950,000 $ 959,565 $ 125,655 221,795 119,600 $ 467,050 $ 5,278,360 To Be Raised By t` Taxation Capital Expenditures 970 Capital Additions $ 2,400 980 Major Repairs 40,000 Total $ 42,400 Total - Parking Operating $ 273,575 455 - Spring Street Parking Operating Fund 700 Salaries and Wages $ 10,175 7051 Pension Contributions - IMRF 860 7054 Pension Contributions - FICA 230 707 Other Employee Costs 335 710 Office Supplies 165 720 General Operating Supplies 595 740 Repair & Maintenance Supplies 750 $ 2,400 40,000 $_ 42,400 $ 273,575 $ 10,175 860 230 335 165 595 750 To Be Raised By Taxation Estimated Receipts From Sources Code Appropriation Other Than Number Expenditure Classification 1981 Taxation Special Corporate Purposes: 410 - Water Improvement Fund ' Other Charges Contingencies $ 270,000 $ 270,000 Total - Water Improvement Fund $ 270,000 $ 270,000 450 - Parking Operating Fund 700 Salaries and Wages $ 89,695 $ 89,695 7051 Pension Contributions - IMRF 10,360 10,360 7054 Pension Contributions - FICA 565 565 707 Other Employee Costs 7,065 7,065 708 Employee Transfer Charges 500 500 709 Personal Services Recovered (3,000) (3,000) 710 Office Supplies 445 445 720 General Operating Supplies 2,560 2,560 740 Repair & Maintenance Supplies 5,570 5,570 820 Office Services 2,000 2,000 825 Postage and Telephone 810 810 830 Transportation, Conferences 80 80 835 Training Expense 250 250 840 Utilities 8,675 8,675 850 Repair & Maintenance Services _ 10,400 10,400 860 Rentals 3,300 3,300 870 Miscellaneous Services 800 800 Total $ 140r075 $ 140,075 Bonds and Interest 9011 Principal Payment $ 10,000 $ 10,000 Interfund Transfers 905 G.O. Bond Interest $ 6,900 $ 6,900 906 Transfer - Admin. Costs 15,000 15,000 9194 Transfer To Capital Imprv. Fund 50,000 50,000 Total $ 71,900 $ 71,900 Other Charges 955 Contingencies $ 9,200 $ 9,200 Capital Expenditures 970 Capital Additions $ 2,400 980 Major Repairs 40,000 Total $ 42,400 Total - Parking Operating $ 273,575 455 - Spring Street Parking Operating Fund 700 Salaries and Wages $ 10,175 7051 Pension Contributions - IMRF 860 7054 Pension Contributions - FICA 230 707 Other Employee Costs 335 710 Office Supplies 165 720 General Operating Supplies 595 740 Repair & Maintenance Supplies 750 $ 2,400 40,000 $_ 42,400 $ 273,575 $ 10,175 860 230 335 165 595 750 To Be Raised By Taxation Estimated Receipts From Sources To Be Code Appropriation other Than Raised By Number Expenditure Classification 1981 Taxation Taxation Special Corporate Purposes- 455 - Spring Street Parking Operating Fund - contd. 820 Office Services $ 1,250 $ 1,250 $ - 925 Postage and Telephone 335 335 - 835 Training Expense 350 350 - 840 Utilities 1,850 1,850 - 850 Repair & Maintenance Services 930 930 - 870 Miscellaneous Services 550 550 - Total $ 18,375 $ 18,375 $ - Bonds and Interest 9038 G.O. Interest $ 253,900 $ 253,900 $ - Other Charges 955 Contingencies $ 4,825 $ 4,825 $ - Total - Spring Street Parking $ 277,100 $ 277,100 $ - 490 - Parking Construction Fund 990 New Construction $ 614,000 $ 614,000 $ - (Commuter Parking Grants) 500 - Cemetery Operating Fund 700 Salaries and Wages $ 101,895 $ 101,895 $ - 7051 Pension Contributions - IMRF 12,815 12,815 - 7054 Pension Contributions - FICA 165 165 - 707 Other Employee Costs 8,345 8,345 - 710 Office Supplies 440 440 - 720 General operating Supplies 9,530 9,530 - 740 Repair & Maintenance Supplies 3,200 3,200 - 770 Materials For Resale 4,065 4,065 - 820 Office Services 1,160 1,160 - 825 Postage and Telephone 800 800 - 830 Transportation, Conferences 525 525 - B40 Utilities 5,945 5,945 - 850 Repair & Maintenance Services 4,265 4,265 - 860 Rentals 150 150 - 870 Miscellaneous Services 65 65 - Total $ 153,365 $ 153,365 $ - Interfund Transfers 906 Transfer - Admin. Costs $ 6,600 $ 6,600 $ - Other Charges 955 Contingencies $ 1,125 $ 1,125 $ - Capital Expenditures 960 Capital Replacements $ 1,075 $ 1,075 $ - 980 Major Repairs 2,000 2,000 - Total $ 3,075 $ 3,075 $ - Total - Cemetery operating $ 164,165 $ 164,165 $ - Estimated Receipts From Sources TO Be Code Appropriation Other Than Raised By Number Expenditure Classification 1981 Taxation Taxation Special Corporate Purposes: 540 - Golf Operating Fund 700 Salaries and Wages $ 143,070 $ 143,070 $ - 7051 Pension Contributions - IMRF 15,125 15,125 - 7054 Pension Contributions - FICA 1,630 1,630 - 707 Other Employee Costs 10,015 10,015 - 710 Office Supplies 165 165 - 720 General Operating Supplies 22,800 22,800 - 740 Repair & Maintenance Supplies 8,985 8,985 - 770 .Materials For Resale 35,200 35,200 - 820 Office Services 4,130 4,130 - 825 Postage and Telephone 2,080 2,080 - 830 Transportation, Conferences 1,050 1,050 - 835 Training Expense 60 60 - 840 Utilities 14,945 14,945 - 850 Repair & Maintenance Services 3,610 3,610 - 860 Rentals 685 685 - 870 Miscellaneous Services 550 550 - 883 Liability Insurance 1,000 1,000 - Total $ 265,100. $ 265,100 $ - Bonds and Interest 9011 Principal Payment $ 5,050 $ 5,050 $ - Interfund Transfers 906 Transfer - Admin. Costs $ 10,500 $ 10,500 $ - 919 Miscellaneous Transfers 16,200 16,200 - Total $ 26,700 $ 26,700 $ - Other Charges 951 Illinois State Sales Tax $ 3,950 $ 3;950 $ - 955 Contingencies 1,695 1,695 - Total $ 5,645 $ 5,645 $ - Total - Golf Operating $ 302,495 $ 302,495 $ - 543 - Golf Improvement Fund Other Charges 955 Contingenceis $ 11,385 $ 11,385 $ - Capital Expenditures - 960 Capital Replacements $ 13,590 $ 13,590 $ - 970 Capital Additions 5,500 5,500 - 980 Major Repairs 7,600' 7,600 - Total $ 26,690 $ 26,690 $ - Total - Golf Improvement $ 38,075 $ 38,075 $ - Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1981 Taxation Taxation Special Corporate Purposes: 570 - Transportation Operating Fund 700 Salaries and Wages $ 935,165 $ 935,165 $ - 7051 Pension Contributions - IMRF 116,660 116,660 - 7054 Pension Contributions - FICA 1,335 1,335 - 707 Other Employee Costs 94,430 94,430 - 710 Office Supplies 3,180 3,150 - 720 General Operating Supplies 390,895 390,895 - 740 Repair & Maintenance Supplies 1,000 1,000 - 795 Miscellaneous Supplies 100 100 - 800 Professional Services 1,250 1,250 - 820 Office Services 27,520. 27`,520- - 825 Postage and Telephone 5,070 5,070 - 830 Transportation, Conferences 1,500 1,500 - 835 Training Expense 1,000 1,000 - 840 Utilities 22,885 22,885 - 850 Repair & Maintenance Services 663,935 663,935 - 860 Rentals 19,300 19,300 - 870 Miscellaneous Services 9,060 9,060 - Total $ 2,294,255 $ 2,294,255 $ - Interfund Transfers 906 Transfer - Admin. Costs $ 31,200 $ 31.,200 $ - 9191 Transfer To General Fund 19,200 19,200 - Total $ 50,400 $ 50,400 $ - Capital Expenditures 960 Capital Replacements $ 175 $ 175 $ - 970 Capital Additions 1,775 1,775 - 980 Major Repairs 5,500 5,500 - Total $ 7,450 $ 7,450 $ - Total - Transportation Oper. $ 2,352,105 $ 2,352,105 $ - 575 - School Bus Charter Fund 700 Salaries and Wages $ 29,455 $ 29,455 $ - 7051 Pension Contributions - IMRF 3,585 3,585 - 7054 Pension Contributions - FICA 90 90 - 707 Other Employee Costs 1,530 1,530 - 720 General Operating Supplies 17,160 17,160 - 800 Professional Services 450 450 - 850 Repair & Maintenance Services 30,800 30,800 - 883 Liability Insurance 8,100 8,100 - Total $ 91,170 $ 91,170 $ - Interfund Transfers 906 Transfer - Admin. Costs $ 1,260 $' 1,260 $ - Other Charges 955 Contingencies $ 1,285 $ 1,285 $ - 958 Depreciation 7,600 7,600 - Total $ 8,885 $ 8,885 $ - Estimated Receipts f code Appropriation From Sources To Be Number Expenditure Classification 1981 Other Than Raised By Special Corporate Purposes: Taxation Taxation Total School Bus Charter $ 101,315 $ 101,315 $ 600 = Police Pension Fund All such monies as the law provides that shall be credited to form a part of such fund $ 1,462,000 $ 684,900 $ 777,100 Total Appropriation $ 1,462,000 Total Revenues From Sources Other Than Taxation $ 684,900 Amount To Be Raised By Taxation $ 777,100 Add: 1% For Loss of Collection 7,849 Total Amount To Be Raised By Taxation For Police Pension Purposes $ 784,949 610 - Fire Pension Fund All such monies as the law provides that shall be credited to form a part of such fund $ 1,403,000 $ 680,400 $. 722,600 Total Appropriation $ 1,403,000 Total. Revenues From Sources - Other Than Taxation. $. 680,400 Amount To Be Raised By Taxation $ 722,600 Add: 1% For Loss of Collection 7,299 Total Amount To Be Raised By Taxation For Firemen's Pension Purposes $ 729,899 630 - Self Insurance Trust Fund 800 Professional Services $ 44,000 $ 44,000 $ - 883 Liability Insurance 115,000 115,000 - 884 Umbrella Liability Insurance 30,000 30,000 - 885 Self Insurance Bond. 1,500 1,500 - - 887 Inland Marine Insurance 6,500 6,500 - 888 Property Insurance 32,000 32,000 - 889 Faithful Performance Bond 725 725 - 890 Boiler Insurance 2,800 2,800 - 891 Workmens Compensation Claims 90,000 90,000 - 892 General Liability Claims 50,000 50,000 - 893 Auto Liability - Bodily Injury 4,000 4,000 - 894 Auto Liability - Property Damage 16,000 16,000 - 895 Auto - Medical Payments 4,000 4,000 - 896 Auto - Physical Damage 9,000 9,000 -. 897 Miscellaneous Insurance Claims 5,000 5,000 - Total 410,525 $ 410,52 Code Number Expenditure Classification Special Corporate Purposes: Other Charges 955 Contingencies Appropriation 1981 $ 200,540 Estimated Receipts From Sources Other Than Taxation $ 200,540 Total - Mun. Gar. Fd. -Ann St. $ 377,160 705 - Municipal Garage Fund - Crystal Street Total - Self Ins. Trust Fd. $ 611,065 $ 611,065 700 - Municipal-Garage Fund - Ann Street 707 Other Employee Costs 25,805 700 Salaries and Wages $ 149,910 $ 149,910 7051 Pension Contributions - IMRF 13,675 19,085 Repair & Maintenance Supplies 19,085 7054 Pension Contributions - FICA 450 25 Postage and Telephone 25 707 Other Employee Costs 25 12,685 Training Expense 12,685 709 Personal Services Recovered 100,590 (30,380) (30,380) 710 Office Supplies 200 200 720 General, Operating Supplies 10,375 10,375 740 Repair "& Maintenance Supplies 75,160 75,160 820 Office Services 235 235 825 Postage and Telephone 650 650 830 Transportation, Conferences 710 710 835 Training Expense 100 100 840 Utilities 255 255 850 Repair & Maintenance services 55,775 55,775 860 Rentals 115 115 870 Miscellaneous Services 2,315 2,315 Total $ 297,215 $ 297,215 Interfund Transfers" 906 Transfer - Admin. Costs $ 5,000 $ 5,000 912 Transfer For Financing 50,000 50,000 9191 Transfer To General Fund 12 „900- 12,900 Total $ 67,900 $ 67,900 Other Charges 955 Contingencies $ 5,925 $ 5,925 958 Depreciation 4,000 4,000 Total $ 9,925 $ 9,925 Capital Expenditures 970 Capital Additions $ 2:.,120 $ 2,120 Total - Mun. Gar. Fd. -Ann St. $ 377,160 705 - Municipal Garage Fund - Crystal Street 700 Salaries and Wages $ 231,855 7051 Pension Contributions - IMRF 29,585 707 Other Employee Costs 25,805 708 Employee Transfer Charges 30,380 710 Office Supplies 220 720 General Operating Supplies 13,675 740 Repair & Maintenance Supplies 125,315 820 Office Services 450 825 Postage and Telephone 1,275 830 Transportation, Conferences 25 835 Training Expense 100 850 Repair & Maintenance.Services 100,590 To Be Raised By f.._.. Taxation v $ 377,160 $ - $ 231,855 $ - 29,585 - 25,805 - 30,380 - 220 - 13,675 - 125,315 - 450 - 1,275 - 25 - 100 - 100,590 - Code Appropriation Number Expenditure Classification 1981 Special Corporate Purposes: 705_- Municipal Garage Fund - Crystal Street 860 Rentals $ 235 870 Miscellaneous Services 4,335 Total $ 563,845 Interfund Transfers 906 Transfer - Admin. Costs $ 10,000 919 Miscellaneous Transfers 5,700 Total $ 15,700 Other Charges 955 Contingencies $ 17,655 958 Depreciation 4,000 Total $ 21,655 Total - Mun. Gar. - Crystal St. $ 601,200 Estimated Receipts From Sources Other Than Taxation $ 235 4,335 $ 563,845 $ 10,000 5,700 $ 15,700 $ 17,655 4,000' $ 21,655 $ 601,200 To Be Raised By Taxation 402 SECTION 2 VOLUME XLVI This ordinance shall be in full force and effect from and after its passage and approval according to law. SECTION 3. That the City Clerk be and she is hereby directed to file with the County Clerk of Kane County and the County Clerk of Cook County a certified copy of this ordinance. introduced to the City Council of the City of Elgin, Illinois this of Passed: September 2, 1981 Vote; Yeas: 5 Nays: 1 Recorded: Published: Attest: s/ Marie Yea an City C I er s/ Richard L. Verbic Richard L. Verbic, Mayor THE LEVY AND ASSESSMENT Councilman Kirkland made a motion, seconded by Councilwoman Nelson to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Nelson, Wa -ters and Mayor Verbic. Nays: Councilman Hansen. Ordinance No. T4 -81 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1981 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER TWO BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Findings: That the City of Elgin Special Service Area Number Two has been created by an ordinance entitled "An Ordinance Esta- blishing Special Service Area Number Two in the City of Elgin" passed and effective on September 7, 1977; that the corporate authorities of the City of Elgin, acting as the governing board of City of Elgin Special Service Area Number Two are authorized to levy taxes for special services in said special service area. Section 2. That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Two, subject to taxation for the year 1981, the total sum of $151,515 for the following purposes: Estimated Receipts From Sources To Be 1981 Other Than Raised By Appropriation Taxation Taxation Debt Services - repayment of loan from City of Elgin for the con- struction of parking facility $ 399,555 $ 249,555 $ 150,000 Total Appropriation $ 399,555 Total Revenues from Sources Other than Taxation $ 249,555 Amount to be raised by Taxation $ 150,000 Add: 1 %, for Loss of Collection _ 1,515 Total Amount to be Raised by Taxation for Special Service Area Number Two Purposes $ 151,,515 Section 3. The tax levied herein is pursuant to the provisions of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to Public Act 78 -901 and to an ordinance establishing City of Elgin Special Service Area Number Two. Section 4. That it is hereby certified to the County Clerk of Kane County,Jllinois, the sum aforesaid, which total amount City of Elgin Special Service Area Number Two requires to be raised by taxes for the current fiscal 404 VOLUME XLVI year and the City Clerk of the City of Elgin is hereby ordered and directed to file with the County Clerk of the County of Kane on or before the time required by law a certified copy of this ordinance, r ".. t Section 5. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. s Richard L. Verbic ar< L. er.ic, Mayor Presented: September 2, 1981 Passed: September 2,.1981 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: A s' Marie YeAlan Marie Yearman, City Clerk Councilwoman Nelson made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Coucilmen- Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Ordinance No, T5-81 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31,, 1981 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER THREE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1, Findings: That the City of Elgin Special Service Area Number Three has been created by an ordinance entitled "An Ordinance Esta- blishing Special Service Area Number Three in the City of Elgin" passed and effective September 18, 1978; that the corporate authorities of the City of Elgin, acting as the governing board of City of Elgin Special Service Area Number Three are authorized to levy taxes for special services in said special service area. Section 2, That there be and there is hereby levied upon all taxable property within the City of Elgin Special Service Area Number Three, subject to taxation for the year 1981, the total sum of $10,222 for the following ;purposes: Estimated Receipts From Sources To Be 1981 Other Than Raised By Appropriation Taxation ' Taxation Debt Services - repayment of loan from City of Elgin for,the con- struction of decorative $ 10,120 $ $ 10,120 Total Appropriation Total Revenues from Sources Other Than Taxation Amount to be Raised by Taxation Add: 1% for Loss of Collection $ 10,222 Section 3. The tax levied herein is pursuant to the provisions of Article VII, Section 6A and 6L of the Constitution of the State of Illinois and pursuant to Public Act 78 -901 and to an ordinance establishing City of Elgin Special Service Area Number Three, Section 4, That it is hereby certified to the County Clerk of Kane County, Illinois, the: -sum aforesaid, which total amount City of Elgin Special Service Area Number Three requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby ordered and diected to file with the County Clerk of the County of Kane on or before the time required by law a certified copy of this ordinance, 406 VOLUME XLVI Section S. That this ordinance shall be in full force and effect from and after its passage and approval as provided by law. Presented: September 2, 1981 Passed: September 2, 1981 Voter Yeas 6 Nays 0 Recorded: Published: Attest: S' Marie Yearman Marie Yearman, City Clerk s/ Richard L. Verbic Richard er ic, Mayor ADJOURNMENT There being no further business to Council, Councilwoman Nelson made Kirkland to adjourn the meeting. Kirkland, Nelson, Waters and Mayor The meeting was adjourned at 9:20 'nfc.� vim% Marie Yearma City C er come before the Elgin City a motion, seconded by Councilman Yeas: Councilmen Gilliam, Hansen, Verbic.. Nays: None. P.M. VOLUME XLVI September 9, 1981 407 COUNCIL OF THE CITY "OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on September 9, 1981, at 8:20 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend Vernon Link of the Immanuel Baptist Church, and the Pledge of Allegiance was led by Councilman Hansen. ROLL CALL Roll call was answered by Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent: Councilmen Gilliam. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES'OF'THE AUGUST 26, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Nelson made a motion, seconded by Councilman Kirkland to approve the August 26, 1981 Council Minutes as published. Yeas: Councilmen Hanse, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR ROOF REPAIRS TO HEMMENS AUDITORIUM Councilwoman Nelson made a motion, seconded by Councilman Kirkland to award the bid for roof repairs to the Hemmens Auditorium to the low bidder, R. Gorgol Roofing, Inc., for a total amount of $20,224.00. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR SALE OF SCHOOL BUS Councilman Schmidt made a motion, seconded by Councilwoman Nelson to award the bid for the sale of Bus ¢#1036 to the sole bidder, Elgin Academy for $2,000.00. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED REIMBURSING THE PUBLIC BENEFIT FUNDS Councilman Waters made a motion, seconded by Councilman Kirkland to consolidate the vote for Resolutions 3 through ll for reim- bursement to the public benefit funds. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Councilman Waters made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolutions. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 408 VOLUME XLVE RESOLUTION REIMBURSING THE PUBLIC BENEFIT FUND WHEREAS, the City of Elgin has heretofore constructed a local improvement commonly known as the Southeast District Street Improve- ment; and WHEREAS, said improvement was financed by the levy of a special assessment; and WHEREAS, after final settlement with the contractor and after full payment of all vouchers or bonds except these bonds and interest coupons not presented for payment and for which funds are available and reserved, there is a surplus in the amount of $166.07 above the amount necessary to pay any outstanding vouchers or bonds and interest thereon; and WHEREAS, payment of the assessment made against the City of Elgin has been made from the public benefit fund in the sum of $50,275.63; WHEREAS, on November 22, 1972, surplus funds of $37,758.90 were transferred to the Public Benefit Fund leaving an unreimbursed balance of $12,516.73, NOW, THEREFORE, pursuant to Section 9 -2 -138 of Division 2 of Article 9 of Chapter 24 of the Illinois Revised Statutes, a surplus of $166.07 is hereby declared. BE IT FURTHER RESOLVED that the surplus declared herein shall be transferred to the Public Benefit Fund as reimbursement to said fund for amounts paid from such fund on'account of the improvement. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: Adopted: ` -V®te: Yeas Recorded: Attest: September 9, 1981 September 9, 1981 6 Nays 0 s/ Marie Yea n Marie daaman, City Clerk r VOLUME XLV9 RESOLUTION REIMBURSING THE PUBLIC BENEFIT FUND 409 WHEREAS, the City of Elgin has heretofore constructed a local improvement commonly known as the Grace, Dixon, Hammond Street 1wrove went; and WHEREAS, said improvement was financed by the levy of a special assessment; and WHEREAS, said assessment included an assessment against the City of Elgin for public benefit; and WHEREAS, after final settlement with the contractor and after full payment of all vouchers or bonds except those bonds and interest cou- pons not presented for payment and for which funds are available and reserved, there is a surplus in the amount of $21,454.22 above the amount necessary to pay any outstanding vouchers or bonds and interest thereon; and WHEAS, payment of the assessment made against the City of Elgin has been made from the public benefit fund in the sum of $37,037.24. N0VI, THEREFORE, pursuant to Section 9 -2 -138 of Division 2 of Article 9 of Chapter 24 of the Illinois Revised Statutes, a surplus of $21,454.22 is hereby declared. BE IT FURTHER RESOLVED that the surplus declared herein shall be transferred to the Public Benefit Fund as reimbursement to said fund for amounts paid from such fund on account of the improvement. s/ Riehard La Verbic Richard La Verbic, Mayor Presented: Adopted: Vote: Yeas Recorded: Attest: September 9, 1981 September 9, 1981 6 Nays 0 s/ Marie Yearma� Marie Yearman, City Clerk 410 VOLUME XLVI RESOLUTION REIMBURSING THE PUBLIC BENEFIT FUND WHEREAS, the City of Elgin has heretofore constructed a local improvement commonly known as the Franklin, Lincoln, Sheridan Sidewalk District; and WHEREAS, said improvement was financed by the levy of a special assessment; and WHEREAS, said assessment included an assessment against the City of Elgin for public benefit; and a WHEREAS, after final settelment with�the contractor and after full payment of all vouchers or bonds except those bonds and interest coupons not presented for payment and for which funds are available and reserv- ed, there is a surplus in the amount of $24,624.85 above the amount necess- ary to pay any outstanding vouchers or bonds and interest thereon; and WHEREAS, payment of the assessment made against the City of Elgin has been made from the public benefit fund in the sum of $24,741.83. NOW, THEREFORE, pursuant to Section 9 -2138 of Division 2 of Article 9 f Chapter 24 of the Illinois Revised Statutes, a surplus of $24,624.85 is hereby declared; BE IT FURTHER RESOLVED that the surplus declared herein shall be transferred to the Public Benefit Fund as reimbursement to said fund for amounts paid from such fund on account of the improvement. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 9, 1981 Adopted: September 9, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearrrign Marie Yearman, City Clerk VOLUME XLVI RESOLUTION REIMBURSING THE PUBLIC BENEFIT FUND WHEREAS, the City of Elgin has heretofore constructed a local improvement commonly known as the Garfield, Huff Sidewalk District; and WHEREAS, said improvement was financed by the levy of a special assessment; and 411 WHEREAS, said assessment included an assessment against the City of Elgin for public benefit; and WHEREAS, after final settlement with the contractor and after full payment of all vouchers or bonds except those bonds and interest coupons not presented for payment and for which funds are available and reserv- ed, there is a surplus in the amount of $14,149,55 above the amount necessary to pay any outstanding vouchers or bonds and interest thereon; and WHEREAS, payment of the assessment made against the City of Elgin has been made from the public benefit fund in the sum of $38,797,29, NOW, THEREFORE, pursuant to Section 9 -2 -138 of Division 2 of Article 9 of Chapter 24 of the Illinois Revised Statutes', a surplus of $14,149,55 is hereby declared. BE IT FURTHER RESOLVED that the surplus declared herein shall be transferred to the Public Benefit Fund as reimbursement to said fund for amounts paid from such fund on account of the improvement s/ Richard L. Verbic Richard La Verbic, Mayor Presented: September 9, 1981 Adopted: September 9, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: LA I F A 6 n s/ Marie Yearm Marie Yearman, City Clerk 412 VOLUME XLVI RESOLUTION REIMBURSING THE PUBLIC BENEFIT FUND WHEREAS, the City of Elgin has heretofore constructed a local improvement commonly known as the Illinois Park Sidewalk District; and WHEREAS, said improvement was financed by the levy of a special assessment; and WHEREAS, said assessment included an assessment against the City of Elgin for public benefit; and WHEREAS, after final settlement with the contractor and after full payment of all vouchers or bonds except these bonds and interest coupons not presented for payment and for which funds are available and reserv- ed, there is a surplus in the amount of $15,462,78 above the amount necessary to pay any outstanding vouchers or bonds and interest thereon; and WHEREAS, payment of the assessment made against the City of Elgin has been made from the public benefit fund in,.the sum of $21,873,13, NOW, THEREFORE, pursuant to Section 9.2 -138 of Division 2 of Article 9 of Chapter 24 of the Illinois Revised Statutes, a surplus of $15,462,78 is hereby declared. BE IT FURTHER RESOLVED that the surplus declared herein shall be transferred to the Public Benefit Fund as reimbursement to said fund for amounts paid from such fund on account of the improvement. Presented: September 9, 1981 Adopted: September 9, 1981 Vote: Yeas 6 Nays 0 Recorded: c`Attest: s/ Marie Yearman Marie Yearman, City Clerk s/ Richard Lm Verbic Richard L. Verbic, Mayor VOLUME XLV9 413 RESOLUTION REIMBURSING THE PUBLIC BENEFIT FUND WHEREAS, the City of Elgin has heretofore constructed a local improvement commonly known as the Southeast Area Sewer District; and WHEREAS, said improvement was financed by the levy of a special assessment; and WHEREAS, said assessment included an assessment against the City of Elgin for public benefit; and WHEREAS, after final settlement with the contractor after full payment of all vouchers or bonds except tftse--bonds and interest coupons not presented for payment and for which funds are available and reserved, there is a surplus in the amount of $22,066099 above the amount necessary to apy any outstanding vouchers or bonds and interest thereon; and WHEREAS, payment of the assessment made against the City of Elgin has been made from the public benefit fund in the sum of $57,4@8.90. NOW, THEREFORE, pursuant to Section 9-2-138 of Divfsd*an 2 of Article 9 of Chapter 24 of the Illinois Revised Statutes, a surplus of $22,066099 is hereby declared, BE IT FURTHER RESOLVED that the surplus declared herein shall be - traesferred to the Public Benefit Fund as reimbursement to said fund for amounts paid from such fund on account of the improvement. chard La Verbic Richard L, Verbic, Mayor Presented: September 9, 1981 Adopted: September 9, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie YearmarP Marie Yearman, City Clerk 414 VOLUME XLVI RESOLUTION REIMBURSING THE PUBLIC BENEFIT FUND WHEREAS, the City of Elgin has heretofore constructed a local improvement commonly known as the Jay Street Sanitary Sewer; and WHEREAS, said improvement was financed by the levy of a special assessment; and WHEREAS, said assessment included an assessment against the City of Elgin for public benefit; and WHEREAS, after final settlement with the contractor and after full payment of all vouchers or bonds except these bonds and interest coupons not presented for payment and for which funds are available and reserved, there is a surplus in the amount of $2,801.63 above the amount necessary to pay any outstanding vouchers or bonds and interest thereon; and WHEREAS, payment of the assessment made against the City of Elgin has been made from the public benefit frond in the. sum of $6,552,00,' NOW, THEREFORE, pursuant to Section 9 -2-138 of Division 2 of Article 9 of Chapter 24 of the Illinois Reivi'sed Statutes, a surplus of $2,801,63 is hereby declared, BE IT FURTHER RESOLVED that the surplus declared herein shall be transferred to the Public Benefit Fund as reimbursement to said fund for amounts paid from such fund on account of the improve- ment. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 9, 1981 Adopted: September 9, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearma Marie Yearman, City Clerk r VOLUME XLV9 415 RESOLUTION REIMBURSING THE PUBLIC BENEFIT FUND WHEREAS, the City of Elgin has heretofore constructed a local improvement commonly known as the Washington, Lowrie Sidewalk District; and WHEREAS, said improvement was financed by the levy of a special assessment; and WHEREAS, said assessment included an assessment against the City of Elgin for public benefit; and WHEREAS, d1ter final settlement with the contractor and after ful` payment of all vouchers or bonds except those bonds and interest cou- pons not presented for payment and for which funds are available and reserved, there is a surplus in the amount of $14,083,78 above the amount necessary to pay any outstanding vouchers or bonds and interest thereon; and WHEREAS, payment of the assessment made against the City of Elgin has been made from the public benefit fund in the sum of $17,413°40. NOW, THEREFORE, pursuant to Section 9 -2-138 of Division 2 of Article 9 of Chapter 24 of the Illinois Revised Statutes, a surplus of $14;O83e78 is hereby declared, BE IT FURTHER RESOLVED that the surplus declared herein shall be transferred to the Public Benefit Fund as reimbursement to said fund for amounts paid from such fund on account of the improvement. s/ Richard Lo Verbic Richard L, Verbic, Mayor Presented: September 9, 1981 Adopted: September 9, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: Js/ Marie Yea Marie Yearman, City Clerk 416 VOLUME XLV9 RESOLUTION AUTHORIZING REIMBURSEMENT OF PUBLIC BENEFIT FUND FROM SURPLUS FUND f" REMAINING IN THE "BLUFF CITY BOULEVARD SANITARY SEWER" SPECIAL ASSESSMENT FUND WHEREAS, after full payment of all bonds in the "Bluff City Boule- vard Sanitary Sewer: special assessment, there is a surplus remaining in such special assessment of $17,730,659 and WHEREAS, Section 9- 2-138, Chapter 24, of the Illinois Revised Statutes, 1971, provides that such surplus shall be applied to reimbursing the Public Benefit Fund for any amounts paid from such fund on account of the improvement; and WHEREAS, $16,843071 was paid from the Public Benefit Fund on account of the "Bluff City Boulevard Sanitary Sewer" special assessment improvement° NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: That the City Treasurer shall apply the surplus of $16,843,71 re- maining in the "Bluff City Boulevard Sanitary Sewer" special assessment fund to reimburse the Public Benefit Fund of the City of Elgin, in a,cord ance with the provisions of Section 9-2 -138, Chapter 24 of the Illinois Revised Statutes, 19710 BE IT FURTHER RESOLVED that the City Treasurer shall apply the surplus of $886.94 remaining in the "Bluff City Boulevard Sanitary Sewer" special assessment fund-to reimburse the General; Fund of the City of Elgin for lawful costs and expenses attending the proceeding for making said improvement, and for the cost of making and collecting the assessed there- fore, s/ Richard L, Verbic ichard L, Ver°bic, Mayor Presented: September 9, 1981 Adopted: September 9, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: LL s/ Marie Yeai n Marie Yearman, City Clerk VOLUME XLVI 417 { AUTHORIZATION OF PAYMENTS First Federal Savings $60,812,00 Reimbursement of oversized & Loan watermain in Highfield Place. Valley Creek of Elgin $15,559.00 Reimbursement of oversized watermain in Valley Creek. Elgin Classic Little $ 2,663.00 Reimbursement one -half cost League of lighting improvements. Charles Pokorny $ 3,824.01 Residential Rebate Program 12 Warwick Place Mark Hartman 800 Wing St. $ 2,647.67 Residential Rebate Program Councilman Waters made a motion, seconded by Councilman Schmidt to approve the aforementioned payments. Yeas; Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays, None. RESOLUTION A- DOPTED AUTHORIZING ACCEPTANCE OF A GRANT OF, EASE- MENT-FOR ROADWAY PURPOSES LOVELL ROAD Councilman Kirkland made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 418 VOLUME XLVI RESOLUTION r_ AUTHORIZING ACCEPTANCE OF A GRANT OF EASEMENT FOR ROADWAY PURPOSES (LOVELL ROAD) WHEREAS, the City of Elgin desires to realign and construct Lovell Road located within the City of Elgin; and WHEREAS, Coffmnwealth Edison Company, an Illinois corporation, is willing to grant an easement for said purposes upon certain terms and conditions; and WHEREAS, acceptance of said grant of easement is in the best interest of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, acceptance of a grant of easement, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard er ac, Mayor Presented°. September 9,,,,1981; Adopted: September 9, 1981 Vote. Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie earman, Ei y Cler Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI RESOLUTION AUTHORIZING EXECUTION OF ACCEPTANCE OF MODIFICATION OF PAYMENT DATES FOR ECONOMIC DEVELOPMENT BONDS HERETOFORE ISSUED (ELGIN SWEEPER COMPANY PROJECT) WHEREAS, the City of Elgin has heretofore issued economic development bonds for the financing of a certain project known as the Elgin Sweeper Company Project; and WHEREAS, the First National Bank of Chicago, purchaser of the bonds issued, has requested that the dates established for payment and interest on the bond and note be modified; and WHEREAS, it is necessary and desirable that such dates be modified as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, be and is hereby authorized and directed to execute,'on behalf of the City of Elgin, acceptance of the written request and modification of the dates when principal and interest' are due on the bonds, by executing a letter of the First National Bank of Chicago dated June 23, 1981, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard er YC, Mayor ' Presented: September 9, 1981 Adopted: September 9, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yeal�man Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO THE HUMAN RELATIONS COMMISSION 419 Councilwoman Nelson made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Hanse, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 420 VOLUME XLVI RESOLUTION APPOINTING MEMBERS TO THE HUMAN RELATIONS COVA2ISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that John Blackman be and is hereby appointed as a member of the Human Relations Commission for a term to expire May 1, 1984. BE IT FURTHER RESOLVED that Harold Hoffman be and is hereby appointed as a member of the Human Relations Commission to fill the unexpired term of Rebecca Larsen, to expire May 1, 1983, BE IT FURTHER RESOLVED that Pam Shelby be and is hereby appointed as a member of the Human Relations Commission to fill the unexpired term of Judith Mastin, to expire May 1, 1982, s/ Richard L. Verbic RiEHard L. Verbic, Nlayor Presented: September 9, 1981 Adopted: September 9, 1981 Vote: Yeas o Nays 0 Recorded: Attest: s/ Marie Year?Aan rie Yearman, City Clerk RESOLUTION AUTHORIZING ACCEPTANCE OF PROPOSAL OF CINCINNATI FOR PARKING DECK CONTROL SYSTEM Councilwoman Nelson made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI RESOLUTION AUTHORIZING ACCEPTANCE OF PROPOSAL OF CINCINNATI FOR PARKING DECK CONTROL SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute an acceptance for a parking deck control system for the Spring Street parking facility with Cincinnati, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richar7 L. Verbic, ayor Presented: September 9, 1981 Adopted: September 9, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Barman, City Cler 421 ORDINANCE PASSED ADDING PHYSICAL EDUCATION CENTER AS A SPECIAL USE IN THE R-4 GENERAL RESIDENCE DISTRICTS Councilwoman Nelson made a motion, seconded by Councilman Kirkland to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays; Councilman Schmidt 422 VOLUME XLVI Ordinance No. G49 -81 AN ORDINANCE ADDING PHYSICAL EDUCATION CENTER AS A SPECIAL USE IN THE R -4 GENERAL RESIDENCE DISTRICTS WHEREAS, written application has been made to amend the text of the Elgin Zoning Ordinance to add physical education center to the list of special uses permitted in residential classifications; and WHEREAS, after due notice the Planning Committee conducted a public hearing and recommended that the application for amendment be denied; and WHEREAS, the City Council of the City of Elgin has considered the recommendations of the Planning Committee and carefully reviewed the proposed amendment; and WHEREAS, the City Council of the City of Elgin finds and determines that it is necessary and desirable and in the public interest to permit physical education centers as a special use in the R -4 residence district. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.04 of Title 19 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by adding: "19.04.508 Physical Education Center means a building, or portion thereof, offering physical training and education through an established curriculum or educational program accredited by the Amateur Athletic Union or a similar national organization." Section 2. That Section 19.18.020 of Chapter 19.18 of Title 19 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by adding the following: "G. Physical Education Center." Section 3. That this ordinance shall be in full force and effect from -. and after its passage in the manner provided by law,and ten days after publication in pamphlet forma s/ Richard L. Verbic Richard ®r ic, yor Presented: September 9, 1981 Passed: September 9, 1981 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: <.. s/ Marie Yeaan Marie Yearman, City Clerk VOLUME XLVI 423 REPORTS RECEIVED AND ORDERED PLACED ON FILE Water Department Report for the month of August, 1981 Elgin Property & Recreation Board Minutes - 8/25/81 Inspection report for the month of August, 1981 Councilman Kirkland made a motion, seconded by Councilwoman Nelson to place the aforementioned reports on file. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED "PROTESTING RECLASSIFICATION Councilman Kirkland made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Waters and Mayor Verbic. Nays: Councilmen Nelson and Schmidt. 424 VOLUME XLVI RESOLUTION PROTESTING RECLASSIFICATION OF PROPERTY IN KANE COUNTY WHEREAS, application has been made to reclassify certain territory located at 12 North Gale Street which is not included within the boundaries of any municipality and which is legally described as follows: Lot 11, Block 1, Walter G. McIntosh and Cols. Fox River Farms, Kane County, Elgin Township, Illinois, from F District - Farming, to B -1 District - Business, for a motor vehicle repair shop; and WHEREAS, said territory is within one and one -half miles of the cor- porate boundaries of the City of Elgin; and WHEREAS, the City of Elgin has passed a zoning ordinance; and WHEREAS, the Planning and Land Use Commission of the City of Elgin has reviewed said application and unanimously recommended that the application be denied; and WHEREAS, the proposed reclassification threatens an adverse effect upon the value of surrounding properties; and WHEREAS, Section 3158 of Chapter 34 of the Illinois Revised Statutes provides that no amendment of regulations or districts under county zoning ordinances shall be made where the land affected lies within 1z miles of a zoned municipality and a protest has been made by the City Council, except by favorable vote of 3/4 of all the members of the county board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby protests the reclassification of the above described territory from F District - Farming, to B -1 District - Business. 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, s/ Richard L. Verbic Ri r• E. er ic, yor Presented: September 9, 1981 Adopted: September 9, 1981 Vote: Yeas 4 Nays 2 Recorded: Attest: q t �s s/ /°Marie Yea an Marie Warman, City Clerk VOLUME XLVI ORDINANCE PASSED VACATING A PUBLIC A PUBLIC ALLEY FROK DOUGLAS AVENUE TO NORTH SPRING STREET Councilman Kirkland made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas; Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. , Nays: None. 425 a 426 VOLUME XLVI Ordinance No. S3 -81 AN ORDINANCE VACATING A PUBLIC ALLEY FROM DOUGLAS AVENUE TO NORTH SPRING STREET WHEREAS, the public interest will be served by vacating a public alley in the City of Elgin, Kane County, Illinois, as shown in Exhibit "A" attached hereto; and WHEREAS, said property is not necessary to serve the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a public alley in the City of Elgin, Kane County,. Illinois, legally described as follows: The alley lying in Block S of Dexter's Addition to the City of Elgin, lying in the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian. Being situated in the City of Elgin, Kane County, Illinois, and containing 0.088 acres, more or less. be and the same is hereby vacated. Section 2. That the City of Elgin does hereby reserve to itself and to any public utility company owning any public service for facilities in, upon or under said right of way vacated by this ordinance full right of access for the purpose of continuing or extending any public service facilities and to maintain, renew, extend or construct or reconstruct any such public service facilities. Section 3. That a certified copy of this ordinance together with a plat of said vacated right of way be filed with the Recorder of Deeds of Kane County, Illinois. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, My-or Presented: September 9, 1981 Passed: September 9, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea &an Marie Yearman, City Clerk VOLUME XLVI ANNOUNCEMENTS 427 Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilman Hansen made a motion, seconded by Councilman Kirkland to adjourn the meeting. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 8:35 P.M. M G�S�J Marie Yearmarf, City Clerk VOLUME XLVI September 23, 1981 428 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on September 23, 1981, at 8 :25 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend Harold Humbert of the Elgin Mental Health Center, and the Pledge of Allegiance was led by Councilman Gilliam, ROLL CALL Roll call-was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters .and May-or Verbic. Absent: None, MINUTES OF THE SEPTEMBER 2, 1981. PUBLIC HEARING APPROVED AS PUBLISHED Councilman.Gil_liam. made a_ motion, seconded by Councilwoman Nelson, to approve the Sept-embe-r.2 -,- 1981 Public Hearing Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. MINUTES OF THE SEPTEMBER 2, 1981 SPECIAL MEETING APPROVED AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilman Kirkland, to approve the September 2, 1981 Special Meeting Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. MINUTES OF THE SEPTEMBER 9, 1981 COUNCIL ..EETING_.APPROVED AS PUBLISHED Councilman Kirkland made a motion, seconded by Councilman Hansen, to approve the September 9, 1981 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Larkin Hiqh School Bonfire Councilman Schmidt made a motion, seconded by Councilwoman Nelson, to approve the request by Larkin High School to conduct a Homecoming Bonfire on October 8, 1981. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Abstained: Councilman Gilliam. 429 VOLUME XLVI COMMUNICATIONS Elgin High School Bonfire Councilwoman- N'blson made a motion., seconded by Councilman Kirkland to approve the request of Elgin High School to conduct a Homecoming Bonfire on October 15, 1981. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Abstained; Councilman Gilliam. Petition from residents Of North Jackson Street requesting reZOnlnq O DrO D.ertV at_ 0 Mort .Bac inn frPPt_ Mayor Verbic stated, you have all received a petition signed by residents of North Jackson Street, from Lawrence Avenue north to the dead,end. This is from residents who are requesting a rezoning of property at 330 North Jackson Street. You have all had an opportunity to review this and you know where the site is located, Councilwoman - .Nelson_ stated, I agree with the residents; but am wondering.if we have the right to change the zoning of another person's property. Counsel Jentsch stated, you do not have the right to do that tonight, but you could direct or initiate the proceedings to do it. These people do not have the right to reclassify someone else's property so they are in effect requesting that you initiate( it. Community Development would probably file the petition and make the presentation and it would come back to you after the hearing before the Land Use Commission. Councilwoman. Nelson stated, well then I would so move to initiate the proceedings. Councilman Gilliam stated, has the person who owns the property been contacted or given a chance to respond. Don Wagner, Director of Community Development, stated, there was an inquiry made by one of the residents of that street, whether the area could be rezoned to R -2, and i think basically we said that one way that they could do it was to have a petition of the neighbors there. There are two properties, from what I understand that are not on the petition, and so it was the consensus of the staff at that time that we would not support this kind of a petition until we had a better feeling from all of the residents in the area as to whether they agree with it, because two of the property owners would therefore have their property rights decrease from R -4 to R -2. a VOLUME XLVi 430 The area was zoned R -3 in 1927 It is basically a single family, two family. a "r "ea, but it was rezoned to R -4 in 1950, and so these people are concerned now that some of these properties could be developed to the higher density. There is one vacant lot that could be built on. The question that we had was whether the City Council would like to direct us to consider this petition. We are in the process of trying to make contact with these other two property owners and the other p.roblem.is whether the City Council would under- write the cost of this petition, or just have these people pay the norma filing fee. did not g.et- a_copy of this petition until now, but the initial request was to do with rezoning the entire street, which would include this property. Councilman Schmidt stated, inasmuch as Mr. Wagner really has not been given this petition, I think it would be proper if we could hear from one of the representatives of that area, or someone who has..signed_ this petition. Councilwoman Nelson stated, we have a motion on the floor. Mayor Verbic stated, it died for lack of a second. Dennis Ward of 317 North Jackson Street stated, what we feel that we do_hava is a_ sufficient basis in the neighborhood to grant this rezoning, rather than a.sufficient interest in that particular.p.iece of property. What in essence is happening here, for those of you who are unfamiliar, we are immediately north of Lawrence and "we are bounded on the east by Crystal, on the west by Silver Street, and Wilder Court is right in back of us. We are trying very desperately to maintain the status quo of our neighborhood without further deterioration. There is immediately across from this vacant lot a four unit apartment, which at times has housed up to five units, with two cars each, that is ten cars. They have sufficient front footage for two cars, and this causes considerable problems particularly in the winter because as a dead -end street we are not a priority for snow plowing. What we are asking for is not that you give us, or loan us anything, but rather give us some cooperation in our effort to try and protect our neighborhood. Councilman Schmidt stated, does the owner of this parcel of land know what is taking place, what the desires are of the neighbors, or has he been informed of what you people are doing. 431 VOLUME XLVI Mr. Ward stated, not to my knowledge. The problem is the piece of property is up for sale and part of the selling point in the advertising of_a piece of property is that it is a commercial or you can p_up_ a.multi- family dwelling. Councilman Kirkland stated, are there other multi - family units in the neighborhood. Mr. Ward stated, immediately across the street is a four -unit apartment and that. is the only multi - family dwelling. Councilman Kirkland stated, it seems to me this is a city -wide kind of thing... if we started it neighborhood by neighborhood we would be in some trouble. -I know what you are getting at because I live in a neighborhood where there are some multi- family units. Mr. Ward stated, but l think we are compounded here by the problem .that wear_e on a dead -end street and this particular piece of property. Now at any given point in time ten cars are obviously not parking in front of their own building. Another three units is just going to further deteriorate our neighborhood. Councilman_Waters stated, Dennis, as 1 understand what Mr. Wagner has saId., you.-have targeted this specific property because it is up for sale right now. There are other properties on Jackson Street that could become available in the future and you ruoul&have the same problem then that you have now with this particular-piece, Mr. Ward stated, there are none vacant, this is the only vacant lot, the rest of them are single family residences. Mr. Nelson stated, do you know would the neighbors object if they were also included in that petition to have their property down -zoned from R -4 to R -2, even though they are single family residential homes_ Because even though they are, they could be modified as duplex and three unit apartments, if they are large enough. Mr. Ward stated, I have not approached them individually, but I would not think that would be a problem because we are here trying to maintain it as a residential neighborhood. Mr. Nelson stated, well if that is not a problem then they would not necessarily disagree to being down -zoned along with this vacant lot. We have had neighborhoods some in and express this same concern, it did'nt get to this point. It's being included for example in the Community Development's Land Use Plan for the City to perhaps down -zone entire neighborhoods because they are principally single family residential neigh- borhoods, but they are zoned R -3 or R -4, and it concerns these people. I would think the same would be true of your neighborhood, as long as they are single family residences and they want to preserve that character they would not object to being included in the same petition if we were down - zoning the whole block VOLUME XLVI 432 rather than spot zoning a single vacant lot. Would'nt you agree with that Mr. Ward stated, I have not talked with them, but I would have no objection myself. Mayor Verbic stated, it would seem to me then that the proper procedure would be for the residents to come in with a petition stating the fact that-they don't mind if their property is down - zoned. Then I think we can approach this problem and have the Council initiate it. Mr. Nelson staffed, I was going to direct another question to Don, I don't know how far the land use plan is in the city, but do you know has it addressed this neighborhood yet. Don Wagner stated, no we are not at that point yet. Mr. Nelson stated, the other option, if the.Council is interested in responding to this petition, is you could go ahead and have Community Development file a petition and then obviously all of these people would be notified, and they would have the..ir opportunity to speak at the public hearing as to whether they are for or against, rather than have them start all over again with a new petition. Councilman Kirkland stated, it seems like it might be a good idea and it might spark other neighborhoods to come to the city with the same situation, but eventually it would hopefully become part of a comprehensive approach just like 0- zoning was where there are several neighborhoods with the same situation. Councilman Waters stated, I would move that we direct the Community Development staff to prepare a petition for the Land Use Commission for the whole neighborhood, Jackson Street north of Lawrence. That they prepare a petition for the neighborhood to sign with the correct wording and that petition be presented with the petition before the Land Use Commission. Councilman Kirkland stated; I will second that motion. Councilman Waters stated, l would also direct the Community Development staff to write a petition with the correct wording for what is being requested by the neighbors so that they can sign it and it would be correctly worded. Councilman Kirkland stated, what we don't know yet is what is being requested by the neighbors because what the neighbors are going to have to do is request that their own homes be down- graded. 433 VOLUME XLVI Councilman Schmidt stated, are we setting a precedent by having the Community Development draw up the petition and having it signed by the neighbors, would'nt that be the work of an attorney. Councilma.n.Waters stated, 1 think the problem there is that even though they retained an attorney, the attorney could not file a petition on their behalf because it has to be initiated by the city. Councilman Kirkland st.ate.d, l am inclined to think maybe the order ought to be to have. the neighbors come in to sign a petition that says_.w.e are willing to basically convert the neighborhood and then if there is.a..vacant lot that the city has to petition on that gives the city the incentive to petition themselves on the basis that there seems to be a neighborhood here that wants to close themselves up. Councilman Waters stated, I am assuming that with my motion we are following the normal process that it's going before Land Use and public h:ear_ing before it would come to th.e Council, and my assumption is that if the neighbors did'nt sign the petition in support of the petition prepared by the Community Development staff, it's not likely that the Land Use Commission, nor the Council would be supportive of their request. Councilman _G- i.11iam stated, has anybody thought about the guy who owns.the property. I am going to vote no. I understand the problem in the neighborhood and I can appreciate that, but I can't see somebody else getting together and saying they are going to down - grade somebody else's property. It does'nt seem right. I would not want somebody to come in and say I am going to down -grade something that I owned. I have some very serious problems with that. Councilman Waters stated, l think that I would support that also except that we do have a group of people who have petitioned and I think we ought not frustrate them in that process. Hazel Johnston of 346 N. Jackson stated, I think that somebody asked the question if the person who owned the lot was contacted. called that individual and I talked to his wife and I told her the feelings of the neighbors and what was going on. She said I will have to have him call you, I said please do. I gave her a telephone nunber to call and name and he never called back. Each one of these people that own the rental property do not live there. They live elsewhere and I think those things should be brought up. Don Wagner stated, the only suggestion that I was going to make was that maybe we could just submit a report to you, kind of a background report on this thing at a work session. Unless they just want to go ahead and submit their own form of petition. VOLUME XLVI 434 think there are ramifications and l think you are establishing a precedent. You have two properties that are legitimately zoned R -4, one is being used that way and the other one is a vacant lot and the guy has it up for sale. Now suddenly somebody is pulling his zoning away from him because it is for sale. Now if there seems to be some kind of a greater public interest that is going to be damage-d by the sale, then we can investigate that and say--that a rezoning makes sense. The staff is also attempting to communicate with the two property owners that are not on this petition. Councilman Gilliam called for the question. Yeas: Councilman Waters. Nays; Councilmen Gilliam, Hansen, Kirkland, Nelson,-Schmidt and Mayor Verbic. Mayor Verbic stated, I think that I would like to have Community Development come back with a little bit more information and probably we can discuss this at a work session. ORDINANCE PASSED RESTRICTING PARKING ON CERTAIN STREETS IN THE CITY OF ELGIN Jim Ryan representing Sherman Hospital stated, first of all I would like to apologize to this group for not making your Committee of the Whole Meeting on September 9th. Unfortunately I did not receive notice from the Traffic Department in order to enable me to attend that meeting. Representing the Hospital, I have met on prior occasions both with the Traffic Committee and with representatives of the Northeast Neighborhood Association regarding this parking restriction's plan. I wish to emphasize to you that the Hospital has no objection to the basic plan. We recognize that the very legitimate interests of residents within the neighbor- hood surrounding the Hospital for access to their property. Our objections however, are to the inclusion of this west side of the 900 block of Prospect Boulevard in that plan. As the Mayor indicated to you included in your packet of material is a letter that I forwarded to Mr. Nelson and he graciously included it for your review prior to this meeting, and I would like to essentially highlight ourreasons for our objections, which are included in that letter, and basically there are three. First of all we object on the basis that the selection of the streets for this restriction is based primarily upon a survey of neighborhood residents, which was conducted by the Northeast Neighborhood Association. As sole property owners along the west side of that 900 block of Prospect Boulevard, we believe that the Hospital should be afforded the same consideration as 435 VOLUME XLVI as any other resident who was surveyed as to their interest and desires regarding this property. Simply s.ta.ted, give us the same consideration.that you would give any other resident who has responded to that survey wishing that the restriction be applied or not be applied in front of their property. Secondly by not including this area in the restriction in no way is access to area resident's property affected. As sole owner of the p.roperty there are no residential homes on there owned by anyone other than the Hospital. There was one residential—property at 926 Prospect, the rest of that block, the fronting property, on that side of the street is devoted strictly.to parking facilities. So we don't believe it is an issue of interference with the neighbor's use of their property. Thirdly, we believe that by allowing unrestricted parking along that half of the block there would be potential benefit not only to persons accessing the hospital, but also to other area residents. There are occasions upon which that parking may be helpful to the hospital._auch as for resurfacing or restripping. For example, we are presently resurfacing our southeast parking lot on the corner of.Slade.and Prospect, and taking approximately 230 spaces in that lot out of service. During these occasions people may..in..f.act seek out surface parking on the street at a greater distance from the hospital somewhere else within the neighborhood. For those three reasons we request your consideration and your approval of this plan with the exception of the western portion of that half of the block. Jane Cook representing the Northeast Neighborhood Association stated, Mr. Ryan is correct that a survey was taken of all the residents of that area and originally actually in our talking with the hospital and Traffic Committee we had not included Prospect Boulevard, the west side, in our restrictions. However, in talking with Grace Root, who is the resident on the west side of Prospect, she did request, and has signed the survey to the effect, that she would appreciate being able to park in front of her residence. The fact is the hospital apparently owns the land and she has lifetime residency in that home that she is now in. We are willing at this point to consider allowing Mrs. Root to have the restriction in front of her home. The purpose of the restriction is to free up the residential streets for residential parking, and if she had a restriction in front of her house, what ever the lot width is, it would free up some spaces for people who do come to visit her, but the Traffic Committee would rather see the entire block be covered by the same restriction rather than doing it piece meal. So for that reason we would prefer to see the whole west side have that restriction. VOLUME XLVI 436 The fact is that with the restriction in effect on the west side of Prospect it will actually free up those spaces that the hospital.may be needing should they have certain.activities planned for that surface lot that is located at Slade and Prospect. if there is no restriction on that side of the street at 6:30 in the morning all the spaces will be filled until 3:30 in the afternoon and they will not be accessible to anyone to use them other than those specific people who have just parked there. Mr. Ryan stated, if I may respond to her comments. First of all I do understand Mrs. Roots' concern and I spoke with her last week about this a.nd she did respond in the fashion that Mrs. Cook indicated to you in that survey. In discussing it with her we explained that our position would be counter to potentially her interest and we wanted to make sure that she understood that. She did indicate that it would up to us to resolve with the city. She obviously would prefer some type of restriction there. would point out tha.t.being the case, and presuming that we give her that full consideration, or that you should give her that full consideration, she none the less, her property represents one fraction of that block, the rest of that block is strictly hospital use. would think that if you refer to the plan that you have in front of you, for instance I would point out on North Spring Street in the 800 .block, there you can see that this plan extends down to include perhaps one or two individual residences in that particular block. You would note on Douglas Avenue for instance, on both sides of the street that this restriction applies in front of one to two residences on each side of that block. This clearly I think reflects the fact that these individual residents indicated and expressed a desire that they would want this restriction to be applied in front of their homes and other people in that block indicated clearly that they would not want this restriction to apply. If we are going to talk about a majority rule here, as far as property owners' interest, given the fact that essentially there are hospital uses, namely parking lots covering seven - eights of that block, we feel that really our interest there should predominate. Although we certainly would be very amenable if the city were willing to apply this single restriction in front of the Root property, and that would be acceptable to us as well. That type of singular restriction has been applied as you see on Douglas and the 800 block of North Spring. Councilman Hansen stated, I am going to be in favor of the ordinance as it is written, not because I have anything against Sherman Hospital, but I think apparently the thing that is written up already is a compromise between the neighborhood group and the hospital. The hospital has had an immense effect on the neighbor- hood and if I could put myself into a resident who lived on the eastside I think it would be nice to have both sides of the street available. 437 VOLUME XLVI Councilwoman Nelson stated, I disagree with Councilman Hansen and I would like to see this ordinance start down on Prospect and instead of saying - both sides of the street for it to say 4 the eastsi_de and Mrs. Roots' property. That takes care of satisfying. Mrs. Root and Sherman Hospital. Councilman..G:1_1- 1_.iam stated, if there is no second to that motion, 1 would like to make a motion that we adopt the ordinance restricting-parking on certain streets, and l would like to make the exception that we exclude the western part of the 900 block on Prospect_. Councilman Schmidt stated, Mr. Mayor I believe we have more than one motion on the floor and I would like to have a point of order. Mayor Verbic stated, is there a second to Councilwoman Nelson's motion. There has. been a motion made by Councilwoman Nelson for the approval of this ordinance with the exception of excluding Prospect Boulevard by deleting the west side, with the exception of Mrs. Roots' property. Now is there a second to this motion. Councilman Kirkland.se.conded said motion Yeas: Councilwoman Nelson. Nays: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Councilman Schmidt stated, I make a motion that we accept the ordinance-as presented to us tonight regarding the restrictions on the streets that are named and that we proceed with the recommendations of the Traffic Committee. Councilman Hansen seconded said motion. Councilman Gilliam stated, I will vote no because I think that it would be better and more of a compromise to exclude the 900 block on the western part of Prospect. Councilman Schmidt stated, I made the motion and my reason for making it is that I feel that one hour restriction in the morning and one hour in the afternoon will have no adverse effect on the Sherman Hospital. Councilman Hansen stated, I seconded that motion for the reason that I think the Northeast Neighborhood Association has been a very effective and legitimate tool in negotiating with the hospital and the individual property owners don't really have the where with all to negotiate with the Sherman Hospital. They have had a very good track record and I think that once a compromise is struck, it apparently was satisfactory to both parties, and l think we should leave it as it is. VOLUME XLVI 438 Mr. Nelson stated, if anyone struck that compromise 1 suppose we would have to say that we took that position and really imposed that on both the neighbors and the hospital because essentially,.and.l think it should be said that the Northeast Neighbors did a_remarkab_le job in getting what they got out of that neighborhood. They got almost unanimous feeling in the neighborhood on these restrictions in working with the hospital and the city. When it came down to it the neighbors really wanted the restriction also on the south side of Cooper and the west side of Prospect. The hospital on the other hand did not want the restrictions on either one of these streets and we said look we have come this far together and it has worked so well why don't we just split it down the middle. We will give the hospital the south side of Cooper and we will restrict the west side of Prospect. Mayor Verbic ca_ll.ed for the vote. Yeas: Councilmen Hansen, Kirkland and Schmidt. Nays: Council- men Gilliam, Nelson, Waters and Mayor Verbic. Councilman Gilliam stated, 1 would like to make a motion that the ordinance be amended to reflect the western part of the 900 block of Prospect being excluded from the ordinance. Councilwoman Nelson seconded said motion. Yeas: Councilmen Gilliam, Nelson, Waters and Mayor Verbic. Nays: Councilmen Hansen, Kirkland and Schmidt. Councilman Gilliam stated, I would now move to approve the ordinance as amended. Councilwoman Nelson seconded said motion. Yeas: Councilmen Gilliam, Nelson, Waters and Mayor Verbic. Nays: Councilmen Hansen, Kirkland and Schmidt. Ordinance No. G50 -81 AN ORDINANCE RESTRICTING PARKING ON CERTAIN STREETS IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby amended by deleting from the designated places where parking is prohibited under Section 11.36.050M the following: North Spring Street, east side, between Cooper Street and River Bluff Road. North Spring Street on the east side thereof between Slade Avenue and Cooper Street. Section 2. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the designated places where parking is prohibited under Section 11.36.050M the following: Douglas Avenue, west side thereof, southerly to 231 feet south of the centerline of Cooper Avenue, from 9:00 a.m. to 10:00 a.m. and from 3:00 p.m. to 4:00 p.m., Monday through Friday, except holidays. Douglas Avenue, east side thereof, southerly to 191.4 feet south of the centerline of Cooper Avenue, from 9:00 a.m. to 10:00 a.m. and from 3:00 p.m. to 4:00 p.m., Monday through Friday, except holidays. North Spring Street, west side thereof, from River Bluff Road to 165 feet south of the centerline of Slade Avenue, from 9:00 a.m. to 10:00 a.m. and from 3:00 p.m. to 4:00 p.m., Monday through Friday, except holidays. North Spring Street, east side thereof, from River Bluff Road to Cooper Avenue, from 9:00 a.m. to 10:00 a.m. and from 3:00 p.m. to 4:00 p.m., Monday through Friday, except holidays. North Spring Street, east side thereof, northerly to 503 feet north of the centerline of Slade Avenue. ,,Center Street, west side thereof, from River Bluff Road to Cooper Avenue, from 9:00 a.m. to 10:00 a.m. and from 3:00 p.m. to 4:00 p.m., Monday through Friday, except holidays. Prospect Boulevard, east side thereof, from River Bluff Road (west leg) to Slade Avenue, from 9:00 a.m. to 10:00 a.m. and from 3:00 p.m. to 4:00 p.m., Monday through Friday, except holidays. Prospect Boulevard, west side thereof, from River Bluff Road (west leg) to Cooper Avenue, from 9:00 a.m. to 10:00 a.m. and from 3:00 p.m. to 4:00 p.m., Monday through Friday, except holidays. Cooper Avenue, south side thereof, from Douglas Avenue to North Spring Street, from 9:00 a.m. to 10:00 a.m. and from 3:00 p.m. to 4:00 p.m., Monday through Friday, except holidays. 440 Cooper Avenue, both sides thereof, from Prospect to St. John Street, from 9 :00 a.m. to 10:00 a.m. and to 4 :00 p.m., Monday through Friday, except holidays. VOLUME XLVI Boulevard from 3:00 p.m. Section 3e. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic lUcha—r-d Verbic, yor Presented: September 23, 1981 Passed: September 23, 1981 Vote: Yeas 4 Nays 3 Recorded: Published: 6Attest.: s/ Marie Yea"tman Marie earman, City Clerk RESOLUTION ADOPTED REQUE'SIING "PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO PARTIALLY CLOSE ROUTE 0 FOR ANNUAL PARADE - Councilman Waters made a motion to consolidate this resolution with the three subsequent resolution requesting permits for parades. Councilman Gilliam seconded said motion. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Councilman Gilliam made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolutions. Yeasr Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic.` " <Nays: None. t VOLUME XLV1 441 RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO PARTIALLY CLOSE ROUTE 20 FOR ANNUAL PARADE WHEREAS, Larkin High School has applied for and received permission from this Council to stage its 1981 Homecoming. Parade between the hours of 3:00 p.m. and 5:00 p.m. on Friday, October 9, 1981, conditioned upon securing permission from the Department of Public Works and Buildings, State of Illinois, to partially close Business Route 20 and restrict traffic into two lanes for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission as hereinbefore specified, and be it further resolved by the City Council of the City of Elgin that the City assume full responsi- bility during the time the restriction is in effect, and all liabilities for damage of any kind occasioned by the partial closing of the State Route. S.' Richard L. Verbic RiEHard er ic, Way-or Presented: September 23, 1981 Adopted: September 23, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Cler 442 VOLUME XLVi RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO PARTIALLY CLOSE ROUTE 20 FOR A?�KULL_P0110E WHEREAS, Elgin High School has applied for and received permission from this Council to stage its 1981 Homecoming Parade between the hours of 3;30 p.m, and 5:00 p.m. on Friday, October 16, 1981, conditioned upon securing permission from the Department of Public Works and Buildings, —' State of Illinois, to partially close Business Route 20 and restrict traffic into two lanes for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission as hereinbefore specified, and be it further resolved by the City Council of the City of Elgin that the City assume full responsi- bility during the time the restriction is in effect, and all liabilities for damage of any kind occasioned by the partial closing of the 'State Route. s/ Richard L. Verbic ar L. er,ic, My-or Presented: September 23, 1981 Adopted. September 23, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest. Marie YearMan rie Yearman, City Cler VOLUME XLVI 443 RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO PARTIALLY CLOSE ROUTE 20 FOR ANNUAL PARADE WHEREAS, Ste Edward High School has applied for and received permis- sion from this Council to stage its 1981 Homecoming Parade between the hours of 11:00 a.m. and noon on Sunday, October 11, 1981, conditioned upon securing permission from the Department of Public Works and Buildings, State of Illinois, to partially close Business Route 20 and restrict traffic into two lanes for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission as hereinbefore specified, and be it further resolved by the City Council of the City of Elgin that the City assume full responsi- bility during the time the restriction is in effect, and all liabilities for damage of any kind occasioned by the partial closing of the State Route. S/ Richard L. Verbic r o er ac, or Presented: September 23, 1981 Adopted: September 23, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: �JLAA.J s/ Marie Yea n Marie Yearman, City Clerk 444 VOLUME XLVI RESOLUTION REQUESTING PERMIT FROM STATE DEPARWM OF PUBLIC WORKS AND BUILDINGS TO CLOSE A PORTION OF ROUTE 19 FOR THE BIGGERS 10 KILOMETER RUN WHEREAS, Baggers Chevrolet has applied for and received permission from this Council to sponsor a 10 kilometer run between the hours of 8 : :W a.m. and 10.30 a.m. on Sunday, October 11, 1981, conditioned upon securing permission from the Department of Public Works and Buildings, State of Illinois, to close a portion of Route 19 and detour traffic for such purposes. NOW, THEREFORE, BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that immediate application be made to said Department for permission as hereinbefore specified, and be it further resolved by the City Council of the City of Elgin that the City assume full responsi- bility during the time the restriction is in effect, and all liabilities for damage of any kind occasioned by the closing of the State Route. s/ Richard L. Verbic ar a L. Verbic, M 7750 Presented: September 23, 1981 Adopted_ September 23, 1981 Vote. Yeas 7 Nays 0 Recorded: `Attest: s/ Marie Year an rie earman, City Clerk ORDINANCE PASSED PROV'IDlNG FOR Councilwoman Nelson made a motion, seconded by Councilman Kirkland to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. i VOLUME XLVI Ordinance No. T6 -81 AN ORDINANCE PROVIDING FOR THE MAKING OF A LOCAL IHPROVEMF.NT IN AND FOR THE CITY OF ELGIN, KANE COUNTY, ILLINOIS 445 BE IT ORDAINED by the Mayor and City Council of the CITY OF ELGIN, Kane County, Illinois: SECTION 1: That a local improvement shall be made in the City of Elgin, Kane County, Illinois, the nature, character, locality and descrip- tion of which improvement is as follows: Installation of an eight (8) inch sanitary sewer in Larkin Avenue between Lyle Avenue and Airlite Street in the City of Elgin. I E SPECIAL CONDITIONS 1.1 BULKHEAD: The Contractor shall install a permanent masonry bulkhead at the point of connection to the existing sanitary sewer. The bulkhead shall not be removed until final acceptance by the City of Elgin. 1.2 TRAFFIC CONTROL: The Contractor shall not obstruct the normal flow of traffic on Larkin Avenue (U.S. Route 20). Flag men shall be provided to insure the orderly movement of traffic when the work is adjacent to the roadway surface and at all times when required by the Illinois Department of Transportation permit. The cost of providing traffic control shall be considered incidental to the cost of the work. The Contractor shall also be responsible for signing and maintaining detours when intersecting streets are closed. SC -1 t DETAILED SPECIFICATIONS GENERAL The Detailed Specifications of material and labor required for the construction of the Larkin Avenue Sanitary Sewer for the Board of Local improvements of the City of Elgin. Illinois are contained herein. These Specifications accompany the Plans prepared by: EVERETT SCHEFLOW ENGINEERS A Professional Corporation 1814 Grandstand Place Elgin, Illinois 60120 Said Plans include Sheets-1 through 4. The Plans and Specifications are intended to be complementary and provide for a completed project, in accordance with the obvious or expressed intent of the Contract_ The General Conditions are part of these Detailed Specifications and the Contractor shall consult them for instructions pertaining to work under the various headings. DS -1 SECTION 1 STANDARD SPECIFICATIONS The following Standard Specifications shall govern the construction of this project to the extent that they are specifically incorporated by reference herein and except as modified herein or as modified by applicable laws, ordinances or regulations. a) Standard Specifications for Water and Sewer Main Construc- tion in Illinois, Third Edition, dated September. 1978 (Standard Specifications) - Divisions Ii and III. SECTION 2 STANDARD DETAILS The following Standard Details shall be used. Where information shown on these details is in conflict with the Specifications or with details included on the Plans, these Standard Detail's shall govern. The Standard Details are included in these Specifications. Standard Drawing No.. Standard Drawing No. Standard No. 1001 - Standard No. 1002 - Standard No. 1004 - Standard No. 1005 - SECTION 3 PAY ITEMS 1 - Typical Detail of Conduit Installation 2 - Payment Quantities per Foot of Conduit Manhole - Type A Sanitary Sewer - Drop Manhole Sanitary Service Sanitary Service - Riser 3.1 SANITARY SEWER COMPLETE IN PLACE: Payment for sanitary sewer complete in place shall be per lineal foot and include all excavation necessary, granular cradle, pipe, select granular backfill to 1 foot above the pipe (Case II backfill), backfill, trench compaction and all surface restoration not paid for specifically as a pay item. r Pipe material shall be vitrified clay pipe (VCP) in accordance with paragraph 30 -3.01 C, polyvinyl chloride (PVC) sewer pipe in accordance with paragraph 30 -3.02 I or acrylonitrile- butadiene- styrene (ABS) sewer pipe (including "Truss Pipe ") in accordance with paragraph 30 -3.01 J. Joint material shall be as recommended by the manufacturer except that VCP pipe shall be of "no bell" construction. 3.2 MANHOLES: Manholes shall be paid lump sum for each 48" diameter by 8 feet deep manhole complete in place with a unit price per vertical foot for manhole height in excess of 8 feet. 3.3 DROP MANHOLE CONNECTIONS: Drop manhole connections shall be paid for per each connection. 3.4 CASING PIPE: Casing pipe shall be paid for per lineal foot of pipe of the diameter shown on the plans jacked and augered complete in place including pits, select granular fill, restoration, etc. 3.5 SELECTED GRANULAR BACKFILL: Selected granular backfill shall be provided where shown on the plans or ordered by the Engineer. The type shall be as determined by the Engineer. Measurement shall be as provided in Standard Drawings 1 and 2. Payment shall be per cubic yard complete in place including disposal of excess excavated material. DS -2 3.6 BITUMINOUS SURFACE REMOVAL AND REPLACEMENT: Bituminous surface removi and rep acement where shown on the plans or ordered by the Engineer shall be paid for per square yard of surface removed and replaced. The measurement for payment purposes shall be in accordance with Table 1 shown on Standard Drawing No. 2. All joints shall be saw cut prior to replacing the surface. The minimum compacted thickness of the bituminous concrete shall be 2 ". 3.7 P C. CONCRETE SURFACE REMOVAL AND REPLACEMENT: P.C. concrete surface removal and replacement where shown on the plans or ordered by the Engineer shall be paid for per square yard of surface removed and replaced. The measurement for payment purposes shall be in accordance with Table 1 shown on Standard Drawing No. 2 All joints shall be saw cut prior to replacing the surface. 3.8 WYE FITTINGS: Wye fittings shall be provided and installed complete with stopper where shown on the plans or ordered by the Engineer. Payment shall be per wye fitting installed. The Contractor shall keep a record of the location of all wye fittings installed. 3.9 SEWER SERVICE RISER PIPE: Sewer service riser pipe shall be provided and installed complete with stopper in accordance with the detail where shown on the plans or ordered by the Engineer. Payment shall be per vertical feet of riser pipe installed. 3.10 SEWER SERVICE PIPE: Sewer service pipe shall be installed where shown on the plans or where ordered by the Engineer complete with stopper and shall be paid per lineal foot of pipe installed. SECTION 4 DIVISION II EXCAVATION AND CLEANUP 4.1 GENERAL: Certain notes appear on the plans that modify or clarify the Detailed Specifications. These notes where in conflict with the Detailed Specifications or Modification to Detailed Specifica- tions shall govern. 4.2 PARAGRAPH 2O -2.08A - BRACED AND SHEETED TRENCHES - GENERAL: The Contractor's attention is directed specifically to the requirement that tight sheeting is required along State Highways under certain conditions. All sheeting used shall be pulled. Select granular backfill shall be placed before sheeting is pulled where required. 4.3 PARAGRAPH 2O -2.19 - UNDERGROUND CONDUIT CONSTRUCTED IN TUNNEL: The following paragraphs shall be added to the applicable sub - paragraph. Where they are in conflict they shall govern. STEEL CASING PIPE IN PLACE: Where shown on the plans the Contractor shall construct casing pipe below ground surfaces by augering and jacking as herein specified. D5 -3 Casing pipe jacked in place shall be welded steel pipe, in accordance with ASTM Designation A 139 Grade B and a minimum yield of 35,000 psi. The casing pipe shall have a minimum wall thickness as shown on the plans. Each jacking shaft shall be completely sheeted to provide proper support for the bank and adequate support for reaction blocks. The shaft shall be constructed long enough to provide room for jacking head. frame, reaction blocks and a minimum of 15 feet of casing pipe. The width shall be sufficient to allow ample working room. The backstops or reaction blocks shall be placed absolutely perpendicular in all directions to the axis of the pipe and the guides carefully installed to the proper line and grade. Jacking pressure must be applied by a pushing frame at right, angles to the line to avoid forcing the casing pipe out of alignment, The first section of casing pipe shall be equipped with a steel cutting shield placed over the upper one -third of its circumference and securely fastened to the pipe. The casing pipe shall be installed using equipment that encases the excavated hole as earth is removed. Excavation and /or boring without the concurrent installation of the casing pipe will not be permitted. All joints in the casing pipe shall be continuously welded. The jacking operation shall be continuous insofar as possible to prevent seizure of the casing pipe. The Contractor shall excavate and dispose of material of any nature required to carry out the work. Shaft excavation shall be in accordance with applicable paragraphs of the Specifications.. All excavated material from shaft and casing pipe placement shall be promptly removed and disposed of. Upon completion of casing pipe placement and after the sanitary sewer carrier pipe is installed within the casing the shaft shall be filled with selected granular backfill. The cost of said backfill shall be considered incidental to the cost of the contract and no additional compensation will be allowed. After the casing pipe is in place the Contractor shall install the sanitary sewer carrier pipe, of the size and material specified, within the casing pipe and to the line and grade established by the Engineer. When treading of the carrier pipe is complete and approved by the Engineer, the Contractor shall fill the voids between the inner wall'of the casing pipe and the outer wall of the carrier pipe with sand. The ends of the casing pipe shall then be sealed by placement of a minimum of ten (10) inches of concrete, or in some other manner approved by the Engineer. The Contractor shall furnish, install and maintain all facilities for collecting, conveying, and displacing of ground and /or surface E waters within or around the shaft excavation until the completion of the work. The Contractor shall have on hand at ali times sufficient machinery for all emergencies that are likely to arise on work of this character and such machinery shall be kept in good working order. The pumping and power supply to the pumps, etc., shall be under the direct charge of competent mechanics. DS -4 4.4 PARAGRAPH 2O -2.21 BACKFILL: The plans show where selected granular Till is required. Selected granular fill shall be type A B, C or D as specified in the Specifications or as determined during construction. ! Where selected granular fill is not required excavated material may be used for backfill if suitable. All backfill not requiring mechanical tamping shall be jetted. The Contractor shall make arrangements for the purchase of water for jetting from the City of Elgin and pay all costs. 4.5 PARAGRAPH 21 -2.01 TEMPORARY SURFACE OVER TRENCH: Temporary surfaces Tor driveways shall be provided as soon as the trench is backfilled. This work shall be incidental. SECTION 5 SANITARY SEWERS AND STORM DRAINS 5.1 GENERAL: Certain notes appear on the plans that modify or clarify the Detailed Specifications. These notes where in conflict with the Detailed Specifications or Modifications to Detailed Specifica- tions shall govern. 5.2 PARAGRAPH 31 -1.02 PIPE LAYING: All pipe shall be laid utilizing a laser device for controlling line and grade. 5.3 PARAGRAPH 31 -1.11 TESTING FOR ACCEPTANCE OF SANITARY SEWERS: Testing shall be by lamping and the air test method. If flexible thermoplastic pipe is used deflection testing is required. Prior to testing the Contractor shall thoroughly clean the pipe using a cleaning ball or other approved method. 5.4 SECTION 32 MANHOLES: Manholes shall be in accordance with the details attached to these Specifications. OS -5 APPLICATION FOR PAl"ASEAT NO: 70 10W'N Conner fm Dated I OA'NER', P,*)= No. ENOINEER'a Projm No. For N'm1 sc ompho" tloou {h the Aare of Iv Aaompan)inF Documentation: GROSS AMOUNT DUE ...................... S LESS_ n RETAINAGE .................. 4 AhfOUKT DUE TO DATE .................... 3- LESS PREVIOUS PAYMENTS ................ S AMOUNT DUE THIS APPLICATION......... S CONTRACTOR', CcniRotion: The undasiFned CONTRACTOR eeniGo that fl) all pte.ious plop rs> paymrntr rerei,ed from OWNER or a:roun! of P'orL done under the Courts, referred to aboa ha,c been applied to di�chat3r in full all oN;Fationr of CONTRACTOR incurred tc. connection with 0. or4 co.atd b) prior Applications for Papmcm numbe!ed I th!ouFh inclusi.q and (2) bile to ❑ ":trial& rind tquipmrni inrorpoiaird in said N wl, or oihrnist listed in or co.cred b)'thi: APPbratior, for Pnmcni will pus to OWNER at rim, of pa)mteni free and clue of all liens, eWms, securh) interests and encumbtaorm (escrpi such p eo•rred b). • Bond acceptable to OWNER). Daed ENGINEER's Recommendation: 19_ mnTaAnoa By This Application. (with acrompanyin3 dmumrnta4on) meets the tequirrmems of the Contra Docvmenu and paymem of the ahms AMOUNT DUE THIS APPLICATION is recommend -& r t �!�,yD.n QnT �e ✓!l7/Ln'J ILO ✓A! e !ey /iceint�rf far Aoy.n� y ✓iJese� Er/sl! cnnulis c� I perlintnj ei bcac 1 Tsrn,+r"'r p� „dam sA«f.;,y I Or Bot I i i ri4� in..o rirs�u�s+. frNC�f I _ . O i see Sect. ?0 -2.03 - _ I Q ✓Onirfy Lo /av /afore: baecd ,. , 6rorc! Lrod /c G - * t NcYt: n!n> Li•►fi �i /.r [•core �n7 fer �H pt�npv.te ore o. •ho.✓n, arc Ale: 1 an Jt /R /sid dr�n Jny �Vc. Z Any ! /c.t 'or ecv ✓oT:� blvend Thrcc /irniYa w%! be bofi / /Ld vi #h sr /c►! fro utht b� try /c�vr 'idle s+prnft o Eris# Arid O�✓ /� !n> J�cmoeiw L by soncrtj� �i K k C a J ♦ . I N� NI \ it a' w I ♦ QI ♦e° w t Vi 1 C 0 c � C� � I wi I .I •.v/ Ir• � V D Q.' TYPICAL DETAIL OF CONDUIT IN STALLATiON nIV. V /STANDARD DRAWING NO.I PAGE: 129 7A6 L E I �i9f'/NCNT �t/.9NT /T /E3 OED I�`GG7 V, � OF CONOrJ /T L %, No N. vi ate 1�: vt 4,:i "�li� bV C4CE'JhtihIVtiai�i 6 -2 //7 O. O 7 5-./7 1 S. /7 GOG d. /S o 12 cy - / / v Sc, e. 06 G o 2/ 41' 41 a G ZZ 44 667 4 27 077 ir 09 a -. f i .co Ap op G• // i ms's; p: J• zs 7 ra ./ .G /.. /9 r 7 Off .G7 s. 7 ZA 39, 6 /G2 =3' O.�r9 /. 4 /.69 /SZ.S /,f.25 GZS /aB /G / t o.. O.S r IF kly G.2 /• ,00VoTES-- PAYMENT QUANTITIES PER FOOT _ OF CONDUIT PAGE: 130 ..'..tz �+:.- Y"'^u' Y _ . ».. -. rev. f. +!�"tF:.L - _.:2.__. .. c .. -- _ ..•, __ _ ...� �.. .. - MANHOLE - TYPE A STANDARD N0. 1001 BID PRICE FOR MANHOLE SHALL INCLUDE FURNISHING AND PLACING CAST IRON FRAME AND LID TO FINISHED GRADE OF EXISTING PAVEMENT. EXISTING GROUND SURFACE OR FINISHED GRADE AS ESTABLISHED BY THE ENGINEER. € SECTION A -A 0 0 MATERIALS :" FRAME AND LID EQUAL TO NEENAH FOUNDRY CO. CATALOG NO. R -1031 WITH TYPE B LID - 1" CONCEALED PICK HOLE AND THE WORD `SEWER" CAST IN LID. WALLS PRECAST REINFORCED CONCRETE RISER UNITS. MINIMUM THICKNESS 5" FOR 4' INSIDE DIAMETER 6" FOR 5' INSIDE DIAMETER RISER JOINTS ROUND RUBBER GASKET OR PREMOLDED BITUMINOUS JOINT COMPOUND - CEMENT MORTAR PLASTER COAT TO BE APPLIED ON INTERIOR AND EXTERIOR AT ALL RISER JOINTS AND MANHOLE STEPS. FRAME TO BE SET TO FINISHED GRADE IN CEMENT MORTAR. BOTTOM PRECAST REINFORCED AND CAST INTEGRAL WITH FIRST VERTICAL SECTION. SANITARY MANHOLES ALL INLET AND OUTLET PIPES, SHALL BE CAST INTEGRAL WITH FIRST VERTICAL SECTION. ALL PIPES SHALL EXTEND A an.io c�v/�o/✓ MINIMUM OF 12" OUTSIDE PRECAST SECTION b• Mic OR AN APPROVED FACTORY FABRICATED FLEXIBLE -ZoaE ra SECTIONAL PLAN MANHOLE SLEEVE CAST IN THE MANHOLE. INSIDE DIAMETER 4' -0" FOR 18" MAIN SEWER AND UNDER 5' -D" FOR 21" TO 42" MAIN SEWER BOTH INCLUSIVE. FOR SHALLOW MANHOLE OR WHEN REQUIRED A PRECAST REINFORCED CONCRETE FLAT SLAB TOP MAY BE USED. REFER TO STANDARD NO. 1003. SEPTEMBER 1980 SANITARY SEWER DROP MANHOLE CONNECTION DETAIL. STANDARD N0. 1002 SECTION A -A LiMIL1IIIA A" SECTIONAL 1 PLAN A DROP MANHOLE SHALL BE CONSTRUCTED WHEN THE INVERT OF THE INFLUENT SEWER IS 2.0 FEET OR MORE ABOVE THE OUTLET OR MAIN SEWER INVERT. MORTAR DAM IN INVERT FOR INCOMING SE!JER SMALLER THAN 12" USE VERTICAL PIPE OF SAME DIAMETER. FOR INCOMING SEWER 12" OR GREATER, USE 12" VERTICAL PIPE. DROP MANHOLES SHALL BE CONSTRUCTED IN ACCORDANCE WITH APPLICABLE PARTS AND SPECIFICATIONS FOR MANHOLE TYPE A. REFER TO STANDARD NO. 1001. SEPTEMBER 1980 SANITARY STANDARD SERVICE NO. 1004 SERVICE PIPE SHALL BE OF THE TYPE SPECIFIED AND /OR ALLOWED BY THE KMCIPALTTY. IF DISSI)flLAR PROM MAIN LUZ SEWER, A MANUFACTURED ADAPTOR OR ADAPTOR PITTING SHALL BE USED. IP MANUFACTURED ADAPTOR IS NOT AVAILABLE, METHOD AND MANNER OP CONNECTION �] OR JOINTING SHALL BE AYPROPED DY THE BNGINEZR IN WRITING PRIOR TO CONSTRUCTION- PLAN q STANDARD WYE zwcH AND 450 BBHD OR STANDARD TEE WITH 450 BEND, IF APPROVED. BRANCH SIZE AS INDICATED ON PLAN OR AS SPECIFIED. ZWD PIPE OF SERVICE LINE SHALL SAVE A WATERTIGHT STOPPER SECURED IN PLACE AND BLOCY.SD. SECTION _A -A MINIMUM 4" APPROVED, COMPACTED Ai:Lr"r- ING AND GR BAWILL TO SPRING LINE OF SERVICE LINE. SANITARY SERVICE a- RISER STANDARD NO /005 NOTE: RISERS SHALL BE CONSTRUCTED WHERE MAIN LINE SEWER M-ZRT IS lo,_O,, OR MORE BELOW THE GROUND SURFACE. PLAN_ 450 SM 'WIN. MaIMM SLOPE 1:1 MMMUM 4" APPROVED COMPACTED GRANULAR BEDDING TO EXTEND TO LINE OF PIPE. STANDARD =E BRANCH SIZE AS INDICATED ON THE PLAN OR AS SPECIFIED- POURED CMMZM ENCASEMENT, SHALL ZXTEND TO UNDISTURBED VERTICAL WALL OF TRENCH - SAM SIDE- VOTE. In PIPE OF SERVICE LINE To HAVE WATERTIGHT STOPPER SECURED V WWR AND BL==' L MATERIAL CONSULTANTS; Everett Scheflow Engineers 1814 Grandstand Place Elgin, IL 60120 Attn: Mr. Everett Scheflov Dear Mr. Scheflov: March 31, 1981 File No. 6447 •j ^ ^' s APR RE: Larkin Avenue Sanitary Sewer 2 1381 We are submitting the results of our subsurface soil investigation completed for the proposed sanitary sever improvements along Larkin Avenue between Lyle Avenue and Airlite Street in the City of Elgin, Illinois. For this investigation a total of five borings were drilled at the locations and to the depths indicated by your office. We are enclosing copies of the boring logs, summary of test results and location sketch. At the location of borings 1 thru 4, topsoil and topsoil mixed with silt is indicated in the upper soil layers. The underlying soils are found to be predominantly granular soils consisting of silt and fine sand mixed with lesser portions of clay and gravel. Occasional layers of predominantly clay soils are encountered at borings 1 and 2. The test results indicate that the upper portions of the underlying soils are found to be high in moisture content. Reduced moisture contents are indicated at the deeper elevations, except in the area of boring 3, where high moisture content is recorded in the brown -gray clay layer between 6.0 feet and 9.5 feet. No measurable ground water was encountered at the location of borings 1, 4, and 5. At borings 2 and 3 high water level readings of 3.0 feet and 12.5 feet were recorded respectively. Further, at the location of boring 3, a saturated layer of sand is encountered between 4.0 feet and 6.0 feet. Meas- urable water seepage from this layer was not recorded. The enclosed boring logs indicate the elevation of the proposed sanitary sewer. As can be seen, sand and silt soils are generally encountered at this elevation. Excavations to this depth will remove confining pressures on the embankment soils. These soils are anticipated to become unstable when pressures are removed. Adequate protection should be provided in the work area against slope instability. Shallow excavations of less than 5.0 ENGINEERING 9 TESTING • INSPECTION • QUALITY CONTROL Everett Scheflow Engineers RE: Larkin Avenue Sanitary Sewer March 31, 1961 File No. 6447 Page 2 feet may be sloped in order to prevent embankment failure. At the deeper elevations it is anticipated that vertical cuts will be made requiring a steel box to protect the working area. In particular, those areas where saturated soil layers are encountered are anticipated to provide the great- est amount of instability at the earliest time. Where silt and fine sands are encountered at the bedding elevation and high moisture is present it is probable that these soils will become unstable. The result is a loosening or fluffing of these soils. If instability is observed, a bedding of 8.0 inches to 10.0 inches of crushed granular material should be provided to establish a stable working surface. The soils indicated at borings 4 and 5 are fine grain soils consisting of sand and silt. Little or no trace of cobbles and boulders was observed at the locations drilled. The augering or jacking operation under Larkin Avenue should encounter few or no obstructions. The 16.0 inch diameter steel casing already planned to protect the sanitary pipe is necessary to prevent cave -in in the augered shaft. After you have reviewed the enclosed information we would be pleased to dis- cuss any questions which you may have. If we may be of further assistance, please let us know. GJK:ek Enc. Q I Very truly yours, SOIL AND MATERIAL CONSULTANTS, INC. Gerald J. Kissner, P.E. President SOIL BORING LOG BORING NO CLIENT: EVERETT SCHEFLOH ENGINEERS LOCATION SITE: Larkin Avenue — Sanitary Sever Elgin, 11 � Comments• �, � DESCRIPTION OF MATERIAL c v Black topsoil, some silt, damp Brow Clay, some silt, and Brown sand, some silt,'damp, medium dense Brown silt, some fine sand, very damp, medium dense 0 Brown silt, some fine sand, very damp, dense End of Boring igll AND MATERIAL CDMQUITANTE.IMC. 1 WEST COLLEGE DRIVE • ARLINGTON NDGNTS. ILLINOIS &M UNCONFINED COMPRESSION TEST btrengte pG— (�topns /sq.ft.) PENETROMETER READING WATER CONTENT,] SANMRD "N" PENETF ---A- - - (blws /ft.) 11i ater Encountered At none During Drilling Operations Page No 1 of 1 IWater i.PVPS @ Hours After Completion Of Boring SOIL BORING I.OG *RING NO: 2 O= TT EVER£TT SCF1EFIDW ENGINEERS DCATION SITE: Larkin Avenue — Sanitary Sever Elgin, 11 7 Date: 3/27 ml ww Comments: 'a: DESCRIPTION OF MATERIAL IV Black topsoil, damp, soft— (48.6) )' Brawn silt, some clay, trace sand and gravel, damp, tough Gray silt, some clay and gravel, trace sand, damp, very tough End of Boring iDil ANO MATERIAL CONIULYAMTi. RTC. • WEST COLLEGE DANE • AMLSC M MBGM. NLM M !0001 UNCONFINED COMPRESSION TEST, Srengtb Y PENETROTLfiTER READING MATER CONTENT, 1� C --' AND►RD °N" PENETRATION (blows /ft.) ,_er Encountered At 5'0, During Drilling Operations Page No 1_of 1 3.01 • rl ,, ''nn of Rnrfwa SOIL BORING LOG tBORING ND: 3 CLIENT: NVERETT SCHEFLOW ENGINEERS IMTION SITE: Larkin Avenue — Sanitary Sewer Elgin. I1 3: DESCRIPTION OF MATERIAL Brown Black topsoil, some clay, damp, tough Brown sand. some silt. trace gravel. Brow -gray clay, some silt, trace sand and gravel, damp, tough Brow silt, some sand, trace gravel, damp, sedium dense Gray silt, some fine sand, trace clay and gravel. dense End of Boring Y Z a $OIL AND MATERIAL • WEST COLLEGE MK • AR1Jh GM NBG0rtS. LLkW KW UNCONFINED COMPRESSION i� PENETROMETER READING ��JC - - -- `fi. TANIIARD t1N" PENET1 r1 - -✓ (tons /sq.ft.) WATER CONTENT, - - -A- - - ION (blows /ft.) ter Encountered At 12.51 During Drilling Operations Page No,l_of 1 con, BORING LOG tBORING NO: 4 CLIENT: ESTERETT SCREFLOH ENGINEERS IMTION SITE:j&arkin Avenue — Sanitary Sever 1 EIg' 11 DESCRIPTION OF MATERIAL f 1104h i.imtlnb Surfaee - 864.0 Brown sand, some silt, trace gravel. damp, loose Brown fine sand. some silt, trace clay, damp to very damp, medium dense End of Boring (a) Black topsoil. damp — 3.0" 1011 ANO MATERIAL CQMtUITANTi, INC. I wEP COLLEGE DwvE . AIY MTDN errs. ILLOW I ow uncONFINED UMPRESSION TEST, strength _ _�(tons /sq. ft.) s PENETROMETER READING HATER CONTENT.] a C "STANDARD "N" PENETRATION (blows /ft.) •n -bn an i.n en ter Encountered At none During Drilling Operations Page No.l of 1_ e. -.o. t_a._• a V.....- AFc -.. n.. -...4 rc(.. -,. of Anrina f4` SOIL BORING IOC s DORING NO: S CLIENT: VERETT SCREFLOW ENGINEERS LOCATION SITE: Larkin Avenue — Sanitary Sewer Elgin, 11 Brown sand, some silt, trace gravel, damp, loose Brown fine sand, some silt, trace gravel, damp, medium dense End of Boring (a) Brown silt, some clay, trace sand and gravel, damp, tough DX SOIL AND MATERIAL COMIULTANTS.INC. WEST COLLEGE DRRE • ARUMGTON MBGKTS. ILLO OtS K004 VOCONPINED COMPRESSION TEST, Strength i � 2 n��(tpns /sq.fStn: Y� Mo PENETROMETER jaUNC HATER CONTENT TANDARD "N" PENETRATION (blows /ft.) ater Encountered At none During Drilling Operations Page No. 1 of 1 x Equipt. usea: ++•��� d �'. o s Comments, Comments: m ISO DESCRIPTION OF ?SATERIAI. p v a r_.t �•aw.. c...l.,.� 1lev ft. 862_0 i Im Brown sand, some silt, trace gravel, damp, loose Brown fine sand, some silt, trace gravel, damp, medium dense End of Boring (a) Brown silt, some clay, trace sand and gravel, damp, tough DX SOIL AND MATERIAL COMIULTANTS.INC. WEST COLLEGE DRRE • ARUMGTON MBGKTS. ILLO OtS K004 VOCONPINED COMPRESSION TEST, Strength i � 2 n��(tpns /sq.fStn: Y� Mo PENETROMETER jaUNC HATER CONTENT TANDARD "N" PENETRATION (blows /ft.) ater Encountered At none During Drilling Operations Page No. 1 of 1 i EVERETT SCHEFLOW ENGINEERS March 27, 1981 RE: Larkin Avenue - Sanitary Sever File No. 6447 Elgin, Il E WMKAR M JMDRATOR ELSULTS UNCONFINED BORING SAMPLE DEPTH PERCENT UNIT WEIGHT COMPRESSIVE STRENGTH H0. 10, FT. MOISTURE (lbs. /cu.ft.) (tons /sq.ft.) E 1 1 1.5 26.7 1 2 2.5 27.7 98_3 1.8 1 3 6.0 9.9 1 4 7.5 13.1 1 5 12.0 10.4 2 1 2.5 24.2 76.8 0.4 2 2 5.0 16.0 2 3 7.5 10.8 111.2 2.4 3 1 2.5 14.3 105.6 1.1 3 2 5.0 21.5 3 3 7.5 29.9 102.7 1.6 3 4 12.5 10.5 3 5 15.0 11.3 4 1 2.5 9.1 4 2 7.5 15.1 4 3 12.5 12.9 5 1 0.5 18.8 5 2 2.5 5.5 5 3 7.5 13.5 i l _ ---I b�t W r Z O 0 A&?,Is6D f£+./ EQ Ni r� r r • e t a W r Z O 0 A&?,Is6D f£+./ EQ I � ' 1 S ' Y i s J i Al LOCATION ,,,,��,.,my, w SKETCH° E Client,6VEQET7' SGKEfc aL.1 EN6�a � Project t"%14 AYE SA.diTDRY Proi: Location X-LiffV Sc -6,f A)0 Proj. NoJf.f* 7 Date 3 - 3,0 / Scale ulY r e I • i I � ' 1 S ' Y i s J i Al LOCATION ,,,,��,.,my, w SKETCH° E Client,6VEQET7' SGKEfc aL.1 EN6�a � Project t"%14 AYE SA.diTDRY Proi: Location X-LiffV Sc -6,f A)0 Proj. NoJf.f* 7 Date 3 - 3,0 / Scale f- 1 � 0 1 • Jy 1� -f S a n ' vA -- 2 -s rl� 7sbm, Etys Q LOCATION 77-N SKETCH 20/ aJ Client EVEOge -rr .SCW tL s.! E/tJ6i/J s Project A*fA'iN /9✓ WU6 '!i4 Ji79lIY SC..k`� Prol. Location i Proj. No. 64.47 Date3-31-!/ Scale ... R it' It � B d • I .. a n ' vA -- 2 -s rl� 7sbm, Etys Q LOCATION 77-N SKETCH 20/ aJ Client EVEOge -rr .SCW tL s.! E/tJ6i/J s Project A*fA'iN /9✓ WU6 '!i4 Ji79lIY SC..k`� Prol. Location i Proj. No. 64.47 Date3-31-!/ Scale The standard specifications referred to herein are made a part by reference and copies are on file with the City Clerk. SECTION 2: That the recommendation of the Board of Local Improvements of th_e7'1t_y__R Elgin, providing for the improvement, and the estimate of the cost thereof made by the President of the Board of Local Improvements, both hereto attached and made part hereof, be, and the same are hereby approved. SECTION 3: That said improvement shall be made and the whole cost thereo ,,toge —Mier with an amount not exceeding six per cent (6 %) of the estimated cost, to -wit: ONE HUNDRED SEVENTY -NINE THOUSAND THREE HUNDRED FOUR DOLLARS ($179,304), which is hereby provided for to apply towards the cost and expense of making, levying and collecting said special assessment and all other expenses allowed by law, being the amount included in the estimate thereof, shall be paid by special assessment, in accordance with the Illinois Municipal Code, Article 9, Division 2, and amerdments thereto. SECTION 4: That the aggregate amount herein ordered to be assessed againstt e property and against the municipality, if any, and also the assessment on each lot and parcel of land herein assessed shall be divided as follows: The said assessment to pay the cost of construction of said improvement and the cost of levying, making and collecting said assessment and all expenses allowed by law, shall be divided into ten (10) installments, in the manner provided by the statute in such case made and provided. So much of the aggregate amount of the assessment as represents the cost of levying, making and collecting the special assessment and all expenses allowed by law, together with all fractional amounts so as to leave the remaining installments of the aggregate assessment equal in amount and each in multiples of $100.00 shall be apportionate to the first installment of the said special assessment. The first installment shall be due and pay- able on the 2nd day of January next after the filing of the first voucher issued on account of work done on the said improvement. The second install- ment of said assessment shall be due and payable one year thereafter, and so on annually until all assessments have been paid. IT IS HEREBY made the duty of the Board of Local Improvements of the CITY OF ELGIN, to file in the Office of the Clerk of the Court in which such assessment was confirmed, a certificate signed by the Secretary= of the Board of Local Improvements of the CITY OF ELGIN of the date of the first voucher and the amount of the said voucher, within thirty (30) days after the issuance of the said voucher. All installments shall bear interest until paid at the rate of seven per cent (70) per annum, being the rate now per- mitted by law. Interest on all installments shall begin to run in accordance with the provisions of the Illinois Municipal Code, Article 9, Division and amendments thereto. Interest on such first installment shall be due and payable and shall be collected at the same time as the first installment. Interest on the second and succeeding installments shall be due and payable and shall be collected with the installments reslectively as in said Code relating to special assessment provided. SECTION 5: That for the purpose of anticipating the collection of the second and succeeding installments of said assessment for the cost of said improvements, the CITY OF ELGIN shall issue bonds payable out of said install- ments, bearing interest at the rate of seven per cent (70) per annum, being the rate now permitted by law, signed by the Mayor of the CITY OF ELGIN, and attested to by the City Clerk of said City. Said bonds shall be issued in accordance with and shall in all respects conform to the provisions of the Illinois Municipal Code, Article 9, Division 2, and amendments thereto. VOLUME XLVI 471 SECTION 6: That the Mayor of the CITY OF ELGIN be and he is hereby directe— file a Petition in the Circuit Court of the 16th Judicial Circuit, lane County, Illinois, in the name of the people of the CITY OF ELGIN, praying that steps may be taken to levy a special assessment for the purpose of defraying the expense of said improvement so far as the same may lawfully be done and to ascertain what property will be benefited, in accordance with the provisions of this ordinance, and in the manner pre- scribed by law. SECTION 7: That all ordinances, or parts of ordinances, in conflict with tt inance, be, and the same are hereby repealed. SECTION 8: That this ordinance shall be in full force and effect from and a terits passage and approval thereof according to law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 23, 1981 Passed: September 23, 1981 Vote: Yeas 7 Nays 0 Recorded: Putlished: Attest: X114 a s' Marie Yea man Marie Yeannan, City Clem RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AMENDMENT TO AGREEMENT FOR ENGINEERING SERVICES- -TYLER CREEK DETENTION PROJECT Councilman Gilliam made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas; Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 472 VOLUME XLVI RESOLUTION AUTHORIZING EXECUTION OF AMENJAENT TO AGREEMENT FOR ENGINEERING SERVICES - -TYLER CREEK DETENTION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an amendment to agreement for engineering services for the Tyler Creek Detention Project with Guillou $ Uecker, Inc., a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard er ic, Mayor Presented: September 23, 1981 Adopted: September 23, 1981 Vote: Yeas 7 Nays 0 Recorded: pAt(�test: s/ Marie Yea an rie Yearman, City Clerk RESOLUTION ADOPTED OF APPRECIATION AND COMMENDATION TO JOHN K. LANGUM FOR HIS SERVICE AS A MEMBER AND CHAIRMAN OF THE PLANNING AND LAND USE COMMISSION Councilman Hansen made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 473 RESOLUTION OF APPRECIATION AND COMYENDATION TO JOHN K. LANGUM FOR HIS SERVICE AS A MEMBER AND CHAIRMAN OF THE PLANNING AND LAND USE COMMISSION WHEREAS, John K. Langum served as a member of the Planning Committee of the City of Elgin from March 1956 to July 1981; and WHEREAS, John K. Langum also served the citizens of the City of Elgin as Chairman of both the Planning Committee and the Planning and Land Use Commission from 1957 to 1981; and WHEREAS, during the twenty -five years of his service, the City of Elgin has witnessed the development of numerous buildings and projects and the attainment of steady, incremental growth; and WHEREAS, John Ka Langum has served with honor, distinction and dedica- tion duping his term of office and has made a significant contribution to the residents of the City of Elgin, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Council hereby expresses its sincere appreciation on behalf of the residents of the City of Elgin to John K. Langum for his service as a member and as Chairman of the Planning and Land Use Commission. s/ Richard L. Verbic Richard Lm er ac, Mayor Presented: September 23, 1981 Adopted: September 23, 1981 Vote: Yeas 7 Nays 0 Recorded: {Attest: V� cka ..LStJ s/ Marie Year an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER ENTITLED PARKING METERS Councilman Kirkland made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic, Nays: None. 474 VOLUME XLVI O>dinance No. G51 -81 AN ORDINANCE AMENDING CHAPTER 11.44 ENTITLED PARKING METERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, is hereby amended by deleting from the thirty - minute parking zones under Section 11.44,100, the following: North State Street, west side thereof, from West Highland Avenue to West Chicago Street. Section 2, That Title 11, Chapter 11,44 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the thirty- minute parking zones under Section 11.44.100, the following: North State Street, west side thereof, between West Highland Avenue and West Chicago Street, the northerly two spaces and the southerly two spaces, Section 3. That Title 11, Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the one -hour parking zones under Section 11.44.110, the following: North State Street, west side thereof, from West Highland Avenue to West Chicag6 Street, except the northerly two spaces and the southerly two spaces. Section 4. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s! Richard L. Verbic Richard L. Verbic, Mayor Presented: September 23, 1981 Passed: September 23, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: Lick s1 Marie yearinan Marie Yearman, City er RESOLUTION ADOPTED AUTHORIZING OMITTED ILLINOIS MUNICIPAL RETIREMENT FUND SERVICE CREDIT Councilman Kirkland made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVd 475 RESOLUTION AUTHORIZING OMITTED ILLINOIS MUNICIPAL RETIREMENT FUND SERVICE CREDIT WHEREAS, earnings for several employees of the City of Elgin should have but were not reported to the Illinois Municipal Retirement Fund while working in part -time positions; and WHEREAS, the following employees had the below listed months of par- ticipation omitted: an to ee Jerry Rotundo Wayne Schultz Gary Whitcomb Service Credit 9 months 4 months 9 months NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the member employees were employed in a position normally requiring the performance of duty during 600 hours or more per year, during the months shown above; Section 2. That none of the service of the member employees during these years and months were in a probationary position of four months or less; Section 3. That the member employees are currently employed in a participation position; and BE IT FURTHER RESOLVED that the City of Elgin agrees to accept the obligation due the Illinois Municipal Retirement Fund for employer contri- butions with interest thereon and the interest of the employees contribu- tion payable through future employer contributions and to accept the charges for employer and employee Social Security taxes if such taxes have not been paid on the omitted service earnings; and BE IT FURTHER RESOLVED that the Authorized Agent is hereby authorized and directed to file a certified copy of this resolution and all other pertinent forms and documents with the Illinois Municipal Retirement Fund. s/ Richard L. Verbic Richard L. er ic, Mayor Presented: September 23, 1981 Adopted: September 23, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City er 476 VOLUME XLVI AUTHORIZATION OF PAYMENTS Ancel, Glink, Diamond, Murphy & Cope $2,642.65 Legal expenses in connection with cases regarding Police Officers Soulier and Tucker. Irma & Maxine Taylor $2,239.00 Residential Rebate Program. 108 Ludeka Place Anna Whitner $1,806.00 Residential Rebate Program. 45 Woodland Avenue Councilman Gilliam made a motion, seconded by Councilman Kirkland to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenues for the month of June, 1981 Cemetery Report for the month of August, _1981 City Traffic Committee Minutes - 9/3/81 Budget Summary - 9/4/81 Councilman Gilliam made a motion, seconded by Councilman Kirkland to place the aforementioned reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilman Schmidt made a motion, seconded by Councilman Gilliam, to adjourn the meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. gNays: None. The meeting was adjourned at 10:20 P.M. Marie Yearm , City Clerk VOLUME XLVI October 14, 1981 477 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL - MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on October 14, 1981, at 8:10 P.M., in the Council Chambers of City Hall. The meeting was called to order by Councilman Ery Schmidt. The Invocation was given by Councilman Waters, and the Pledge of Allegiance was led by Councilwoman Nelson. ROLL CALL Roll call was answered by Councilmen Hansen, Kirkland, Nelson, Schmidt and Waters. Absent: Councilman Gilliam and Mayor Verbic. Also present: Nelson, Yearman, Jentsch, and members of staff. APPOINTMENT OF` "MAYOR PRO TEM Councilwoman Nelson made a motion, seconded by Councilman Hansen, to appoint Councilman Schmidt Mayor Pro Tem. Yeas; Councilmen Hansen, Kirkland, Nelson and Waters. Nays: None. Abstained: Councilman Schmidt. MINUTES OF THE SEPTEMBER 23, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Hansen made a motion, seconded by Councilwoman Nelson, to approve the September 23, 1981 Council Minutes as published. Yeas: Councilmen Hansen, Kirkland Nelson, Waters and Mayor Pro Tem Schmidt. Nays: None. COMMUNICATIONS Leo Nelson stated, I do have a letter here I don't see her here this evening and I doi deal with this here or do you want to wal.t the Whole Meeting to re-adjourn. She said here, but she was not at the seven o'clock not here at the eight o'clock meeting. from Mrs. Goldenstein. 1't know if you want to for the Committee of she was going to be meeting and she is Mayor Pro Tem Schmidt stated, well to give her the benefit of the doubt why don't we discuss this at the Committee of the Whole and perhaps she will show up. 478 VOLUME XLVI BID FOR SALE OF 549 WELLINGTON TO BE RE -BID Mike Sarro stated, as of five o'clock and now as of eight o'clock no bids have been received for this property. if you will recall this was a parcel on upper Wellington Street, which was a marginal lot and we put a condition on the bid that no principal structure could be built on it, therefore limiting the value of the property to those property owners who would abut the property on the three sides. We were under the impression that at least the two property owners that also had Wellington addresses were interested in the property, but as it turns out they are not, or they are at least not interested at the minimum bid price that we had set. Roger Dahlstrom is not here and I guess the option would be to lower the minimum bid and try again. In any event no bids were received so I guess now Community Development or Roger will go back and talk with these people and see if they are interested at any price, and report back to you. if they are we would probably re -bid it. D FOR ROOF REPAIRS TO PUBLIC WORK'S BUILDING Mike Sarrow stated, this opening on this bid has been extended until next week, we had a problem with the detailed specifications, which I did not notice until last Friday, and I sent an addendum out correcting the errors that we found and I extended the bid opening at that time because it would have a material effect on the prices. So that bid'would be on the October 28th agenda for award. IZATION TO SET NOVEMBER 11, 1981 .M.. AS PUBLIC HFARINC DATF FOR' Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to set November 11, 1981, at'8.00 P.M., for a public hearing" on Flender Corporation First Amendment to an Annexation Agreement with the City of Elgin. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Pro Tem Schmidt. Nays: None. LIMINARY PLAN AND F Jerry Deering representing the Community Development Department stated, the subject property is located on the south side of Larkin Avenue, between Weston and Clifton Avenues. The property is approximately two and one -half acres. The proposed Huber Subdivision is comprised of three lots, two at approximately eight thousand square feet and one at seventy seven thousand square feet. VOLUME XLVI 479 The Community Development Department and the Elgin Land Use Committee have recommended preliminary plan and final plat approval, subject to the following conditions: 1. School and park site cash contributions to.be calculated and paid at the time of issuance of building permits; 2. Access to Lot 1 to be limited to Clifton Avenue; and 3• Access to Lot 2 to be limited to one approach on Larkin Avenue. Councilman Hansen stated, the school and park site cash contributions, would they be,expected if someone bought the house and just wanted to re -roof it. Mr. Deering stated, that's a good question, l don't think it'.s applicable that way. The way we have written this would be the issuance of a building permit, l think we are talking about a new construction, a housing start as zoned. Councilman Hansen stated, the reason for my question is that it could effect the value and I don't know what the magnitude of the contributions is,.are they calculated on the basis of the acreage. Mr. Deering stated, it is based on the number of bedrooms and population multipliers that are attached to them. We did not even bother to put together an estimate on this. Councilman Hansen stated, if a person bought the house to live in I assume by your response that he would not be expected to contribute to the schools or parks. Mr. Deering stated, well I think we could go either way. Mr. Nelson stated, that is an interesting question because why was it brought up at all. Is it because it was an unsub- divided piece of property, even though there is a house there. Mr. Deering stated, it was actually a subdivision, it was one lot and now it is three. Mr. Nelson stated, have we run into this before. You are right when you have an existing house and it is sold ,you don't pay a park site and school site contribution. There are many homes in this community who never paid anything because there was no such contribution required. Before we would put this up for sale we would bring it back to you and you will have to set a minimum value on it in any event, and maybe we Can go over those matters at that time, before we put it on the market. M VOLUME XLVI Councilman Waters stated, 1 would move that this be approved, f subject to the recommendations of the Community Development Department. Councilwoman Nelson seconded said motion. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Pro Tem Schmidt. Nays: None. Councilman Kirkland made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance.. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Pro Tem Schmidt. Nays: None. Ordinance No. T7 -81 AN ORDINANCE DECLARING THAT ANY DEFICIENCY BETWEEN THE COST OF THE LOCAL IMPROVEMENT KNOWN AS SPECIAL ASSESSMENT NLMER 77 TX 2747 CWESTERN AREA NO. l) AND THE ASSESSMENT CONFIRMED SHALL BE PAID FROM THE PUBLIC BENEFIT FUND WHEREAS, on January 7, 1981 an order of confirmation was entered by the Circuit Court of Kane County wherein assessments were confirmed in the aggregate amount of $1,924,715.71 for the making of a local improvement by special assessment consisting of curbs and gutters, sidewalks, storm sewers and paving, and known as 77 TX 2747 (Western Area Noe 1); and WHEREAS, the total amount of confirmed assessments against private property was in the sum of $1,222,525.48; and WHEREAS, the sum of $702,190.23 was confirmed as and for a public benefit; and WHEREAS, a contract for the making of the improvement was awarded to Valley Engineering, Gluth Bros., Wayne Zimmerman, a joint venture, in the amount of $2,781,915°07, which exceeded the engineers estimate for construc- tion of $1,702,385°90 by the sum of $1,079,529.17; and WHEREAS, no public hearing was held as required by paragraph 9 -2 -74 of Chapter 24 of the Illinois Revised Statutes, 1979, providing for procedures for the making of supplemental assessments for deficiencies; and WHEREAS, no supplemental assessment may be made against private proper- ties for any deficiency in the assessment for the cost of construction of the local improvement; and WHEREAS, it is apparent that upon completion of the improvement the final certificate of cost will show a deficiency; and WHEREAS, the City of Elgin is advised and informed that Valley Engineering, Gluth Bros. and Wayne Zimmerman, a joint venture, have agreed to sell and transfer all vouchers issued for payment and the right to bonds in exchange to Clayton Brown f, Associates, Inc.; and WHEREAS, it is necessary and desirable to establish a method of payment of the anticipated deficiency to induce Clayton Brown $ Associates, Inc, to purchase vouchers or bonds issued in payment for the improvement; and WHEREAS, the Board of Local Improvements of the City of Elgin has hereto- fore passed a resolution declaring that any deficiency in the cost of the local improvement shall be paid from the public benefit fund; and WHEREAS, the making of local improvements and the financing of the cost of local improvements is within the government and affairs of a home rule unit; and WHEREAS, the City of Elgin is a home rule unit authorized to perform any function and exercise any power relating to its government and affairs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, in the exercise of its home rule powers, as follows; 482 VOLUME XLVI Section 1. That any deficiency between the cost of a local improvement consisting of the construction of curbs and gutters, sidewalks, storm sewers and paving known as Western Area No. 1 as shown by the final certificate of cost to be filed in the Circuit Court of Kane County and the amount confirmed by order of the Circuit Court of Kane County on January 7, 1981, under General Number 77 TX 2747 shall be paid from public benefit funds or otherwise without limitation, Section 2. That upon filing of the final certificate of cost, the Cor- poration Counsel is authorized and directed to cause the amount assessed by the Circuit Court of Kane County as public benefit, to be increased by the amount of the deficiency said amended public benefit assessment to be payable from the second through tenth installments of said assessment. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Erwin Schmidt rwi n Schmidt„ Mayor Pro Tem Presented: October 14, 1981 Passed: October 141 1981 Vote: Yeas 5 Nays 0 Recorded: Published: ���A`tttest: s/ Mari e Yeatlnan Marie Yearman, City Cler RESOLUTION ADOPTED AUTHORIZING A CONTRACT FOR THE ACQUISITION OF CERTAIN REAL PROPERTY ROYAL BOULEVARD EXTENSION Councilman Waters made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Pro Tem Schmidt. Nays None. RESOLUTION AUTHORIZING A CONTRACT FOR THE ACQUISITION OF CERTAIN REAL PROPERTY (ROYAL BOULEVARD EXTENSION) WHEREAS, the City of Elgin desires to acquire certain property for public purposes located within the Township of Elgin, Kane County, Illinois; and WHEREAS, the owner of said property and the agents of the City of Elgin have reached an agreement for the sale of said property to the City of Elgin; and WHEREAS, the acquisition of said property is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute a Real Estate Sales Contract for certain property legally described as follows: That part of the Northeast quarter of Section 9 and part of the Northwest quarter of Section 10, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of Lot 5 in Block 16 of Andresen ,Bros. Eagle Heights Unit No. 5 being a subdivision of part of Sections 9 and 10, Township and Range aforesaid, being also a point on the Westerly right of way line of Ruth Drive, as platted in said Andresen Bros. Eagle Heights Unit No. 5; thence Southerly, along the Westerly right of way line of Ruth Drive, a distance of 17.90 feet; thence continuing Southerly, along said Westerly right of way line, being along a curve to the left having a radius of 1922.48 feet and being tangent to the last described course, a distance of 265.07 feet; for the place of beginning; thence con- tinuing Southerly along said Westerly right of way line, being tangent to the last described curve, a distance of 80.0 feet; thence Westerly, at right angles to the last described course a distance of 118.35 feet; thence Westerly, along a curve to the right having a radius of 2140.0 feet and being tangent to the last described course, a distance of 151.27 feet (this course herein after referred to as Line "A") thence Northerly parallel with the East line of Section 9, Township and Range aforesaid, a distance of 80.13 feet to a point on a line that is 80.0 feet Northerly of (measured radially thereto) and parallel with Line "A" as aforesaid; thence Easterly, along said parallel line, being along a curve to the left having a radius of 2060.0 feet, a distance of 141.08 feet; thence Easterly, tangent to the last described curve, a distance of 118.35 feet to the place of beginning, Being situated in Elgin Township, Kane County, Illinois, and containing 0.49 acres more or less. in accordance with the terms and conditions of a proposed Real Estate Sales Contract, a copy of which is attached hereto and made a part hereof by reference, for a purchase price of $25,000. s/ Erwin Schmidt -Erwin 'S.chmidt, Mayor Pr-5 -em VOLUME XLVI Presented: October 14, 1981 Adopted: October 14, 1981 Vote: Yeas 5 Nays O Recorded: Attest: s/ Marie Yeai�an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING A °PORTION OF CHAPTER 11.44 ENTITLED PARKING ETERS Councilwoman Nelson made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas; Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Pro Tem Schmidt. Nays: None. VOLUME XLVI Ordinance No.. G52 -81 AN ORDINANCE AMENDING A PORTION OF CHAPTER 11.44 ENTITLED, PARKING METERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGINy ILLINOIS: Section 1. That Title 11, Chapter 11.44 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by adding to the list of two - hour parking zones under Section 11.44.120, the following: Municipal parking lot on Kimball Street at North Grove Avenue, faur spaces on the south side. 485 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 from and after its passage and publication in the manner provided by law. s/ Erwin Schmidt °Erwr c.mr .t.z Pro em Presented: October 14, 1981 Passed: October 14, 1981 - Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s/ Mare e Y al man Marie earman, City ler ORDINANCE PASSED DESIGNATING YIELD INTERSECTIONS Councilman Waters made a motion, seconded by Councilwoman Nelson, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Pro Tem Schmidt. Nays: None. 486 VOLUME XLVI Ordinance No. G53 -81 AN ORDINANCE DESIGNATING YIELD INTERSECTIONS BE IT (ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1, That Title 11, Chapter 11.28 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding to the list of yield intersections in the City of Elgin under Section 11,28.045 the follow- ing: Augusta Avenue, northbound and southbound, at Lincoln Avenue. Cedar Avenue, northbound and southbound, at Lincoln Avenue, St. John Street, northbound and southbound, at Lincoln Avenue. 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 from and after its passage and publication in the manner provided by law. s/ Erwin Schmidt rWA R -,y . , . ayo ro I em Presented: October 14, 1981 Passed: October 14, 1981 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s/ Marie Yeaan rie Yearman, City Clerk Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Pro Tem Schmidt. Nays: None. VOLUME XLVI RESOLUTION ACCEPTING AN ABANDONED CONDUIT SYSTEM ACROSS THE FOX RIVER FROM STATE STREET TO RIVERSIDE DRIVE 487 WHEREAS, the Western Union Telegraph Company has abandoned its conduit system located across the Fox River from State Street on the Chicago Street Bridge to Riverside Drive; and WHEREAS, the Western Union Telegraph Company has tendered said system to the City of Elgin; and WHEREAS, it is in the best interest of the City of Elgin to accept said system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, he and is hereby authorized to execute an acceptance of a bill of sale from the Western Union Telegraph Company transferring its interest in the conduit system described above, a copy of which is attached hereto as Exhibit A and made a part hereof by reference. s/ Erwin Schmidt rw i n c h7 r .,..: . ma yo Pr-o--rem Presented: October 14 1981 Adopted: October 14, 1981 Vote: Yeas 5 Nays 0 Recorded: Attest: s s/ Marie Year an rie Barman, City Clerk RESOLUTION ADOPTED AUTHORIZING A LEASE AGREEMENT WITH SCHOOL DISTRICT - Councilman Hansen made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Pro Tem Schmidt. Nays: None. 488 VOLUME XLVI RESOLUTION AUTHORIZING A.LEASE AGREEMENT WITH SCHOOL DISTRICT U -46 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute for and on behalf of the City of Elgin, a lease agreement for warehousing and book storage, a copy of which is attached hereto and made a hereof by reference. s/ Erwin Schmidt.- ►tatt: `qty, Mtyor Pro Tem Presented: October 14 1981 Adopted: . October 14, 1981 Votes Yeas 5 Nays 0 Recorded:- Attest : - s/ Marie Yea an Marie Yearman, City CIerk RESOLUTION ADOPTED AUTHORIZING A LEASE AGREEMENT WITH SCHOOL DISTRICT U- Councilwoman Nelson made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland,.Nelson, Waters and Mayor Pro Tem Schmidt. Nays: None. i VOLUME XLVI 489 RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH SCHOOL DISTRICT U -46 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager,. and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute for and on behalf of the City of Elgin, -a lease agreement for two buses, a copy of which is attached hereto and made a part hereof by reference. s/ Erwin Schmidt rw rn c mi t;; MayuT Pro Tem Presented:: October 14, 1981 Adopted: October 14, 1981 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yea an rie- Yearman, City Clerk AUTHORIZATION OF PAYMENTS Chamber of Commerce $5,000.00 Champion Products, Inc. $2,116.25 Layne - Western Company $39,691.48 Margaret Newby $2,200.50 652 Page St. Elma Roche Sponsorship of Chamber's new publication "The Elgin Book ". 550 shirts for Youth Soccer program. Repairs to deep wells #lA and #2A at Airlite Plant. Residential Reabte Program. 411 Bowen Ct. $1,800.00 Residential Rebate Program. Councilman Waters made a motion, seconded by Councilman Kirkland, to approve the aforementioned payments. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Pro Tem Schmidt. Nays: None. -490 VOLUME XLVI REPORTS RECEIVED AND ORDERED PLACED ON FILE Water Department Report for September, 1981 Building Permit Report for September, 1981 Public Works &- Engineering Report for July /August, 1981 Parking Lot Revenues September 1, 1980 through August 31, 1981 Public Property & Recreation Board Minutes, September 22, 1981 Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to place the aforementioned reports on file. Yeas: Councilmen Hansen, Kirkland,.Nelson,`Waters and Mayor Pro Tem Schmidt. Nays: None. ANNOUNCEMENTS Mayor Pro Tem Schmidt made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilwoman Nelson made a motion, seconded by Councilman Hansen, to adjourn the meeting. .Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Pro Tem Schmidt. Nays: None. The meeting was adjourned at 8:30 P.M. Marie Barman, City C e --TT� VOLUME XLVI October 28, 1981 491 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on October 28, 1981, at 8:10 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Mayor Verbic and the Pledge of Allegiance was led by Councilwoman Nelson. ROLL CALL Roll call was answered by Councilmen Hansen, Kirkland,.Nelson, Waters and Mayor Verbic. Absent: Councilmen Gilliam and Schmidt. Also present: Maim, Yearman, Jentsch and members of staff. MINUTES OF THE OCTOBER 14, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a_ motion, seconded by Councilwoman Nelson, to approve the October 14, 1981 Council Minutes as published. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Mayor Verbic read the following letter: "Mrs. Yearman, City Clerk As per your request in our recent telephone conversation, I'm outlining what L would like to present to the Elgin City Council. 1. Our Senior League Boys Baseball Program, for boys 13 to 15 years of age. This program was started this past summer, and 106 boys participated. If we are unable to obtain a baseball field, this program will die, therefore, many young people would miss the opportunity to participate in this program. 2. We need land for baseball fields. If the City Council could assign land to us at the Elgin Mental Health Center property, we would construct the fields ourselves. 3. We are self - supporting, and would build the fields and concession stand, and ask the city for help in financing lights for the fields. 4. We will gladly listen to any suggestions, or solutions the city may have, and try to answer any questions that may arise. 492 VOLUME XLVI Your help will be greatly appreciated. Sincerely yours, s/ Bob Edwards Vice President Baseball Mayor Verbic stated, Bob have you talked to the Park's and Recreation Director Phil Bennett in regard to this. Mr. Bennett stated, Yes I have talked to Mr. Bennett on more than one occasion. Before we started the program, after we started the program and just recently. He has been very good to us but he just does'nt have any land that we could use. We used Larkin field this last summer, but it was do crowded with other teams it just did not fill our needs. We got permission from the VFW and we went and mowed a cow pasture out on Weld Road and we used that as a practice field. We went to the Elgin State Hospital and got them to let us use the old baseball diamond, if you are familiar with that, and we used that for practice, but that was tough because the boys could not ride their bicycles over there,, because the State does not allow bicycles to be on their premises. We have just about exhausted every effort that we can think of. Mr. Bennett has been excellent with us in trying to help us out, but there is just no land available. We read with great interest about the softball program that you were anticipating putting out on the State Hospital property and I again talked with Phil Bennett and he said it was far down the road. I said at that time we would be glad to go to the expense of putting electricity, roads and whatever it takes. We are a self - supporting organization as you well know. We are are on City property now, which is Grolich'Park, which we have almost grown. The neighbors would like to see us go and I don't blame them. We would eventually like to move our whole facility to the Elgin Health Center property. We are not demanding, we are here with a hat in hand to ask you to help us out. Councilwoman Nelson stated, are we prepared Bob Malm`to make some effort out there. We have said that we were going to do it but we haves not really done it. Why can't we get Phil Bennett and the city staff to get going on it and see if we are legally ready to put it out there. How about that Erv, do you have an answer there on that one. Counsel Jentsch stated, it is my recollection that the State has to approve it. Bob Malm stated, their approval was requested back in December and their approval has not been forthcoming. All they have to do is say yes and they are unwilling to do that. Mainly because they are concerned or at least some people in their legal department E i VOLUME %LVI 493 are concerned regarding the two objectors that were present at the Land Use Hearings; In fact the objectors even secured a meeting with Dr. Pavkovic, who was the head of Mental Health, who will be giving us a decision on the matter of whether or not the project as approved by the City Council can go forward out there. We have had lenghtly correspondence with their Legal Department dating back to December of last year and we have had meetings in Chicago, and have done just about everything, except go to Dr. Pavkovic directly and we have even in the -fast month or two called his office and attempted to secure meetings with him directly. There is a possibility that we could modify our plan and opt for just the softball recreation aspect rather than the entire package which includes a mining and reclamation project as well. There is still some other work to be done and we would be happy to work with Mr. Edwards, We had hoped that before the softball fields were built that the burming and roadway system would have been put in. Councilman Waters stated, Bob how many diamonds are you in need of. Mr. Edwards stated, at the present time we are in need of maybe two. We have at our Grolich site now a senior girls softball program and then our major /minor league. We have four diamonds now. Councilman Waters stated, I would suggest that we direct the city staff to work with Mr. Edwards and to explore what alternatives might be possible if the Elgin Mental Health property is not a feasible option, at least work with them and come up with some suggestions and see what support the city would be able to give, and have them report back to the Council. Mayor Verbic stated; I think you should be aware Bob that we do have a, concept plan which was drawn by Coats, who has undertaken the work on the 400 acres we obtained. Therefore this concept plan as we know it has not been brought up to us at this point because we want to do it in an orderly fashion as far as the development. I would suggest that Mr. Malm, or someone from administration will be following up on this with you and as soon as something definite occurs we will be in touch with you. Councilman Hansen stated, I am just curious if Phil Bennett has exhausted all the other.alternative;s for any other location. Then really I think the scope of the two requests here;are substantially different. 1 mean this is a much smaller request than the city has made to the Department of Mental Health and if the large plan is far distant in the future perhaps we could consider reducing the size down to accommodate their needs, at least for a short term solution. Councilman Waters stated, my only suggestion to that would be that if we were to narrow the scope of that project down to the baseball 494 VOLUME XLVI diamonds that we include also the softball diamonds. I am assumino --- that -you are talking about the whole recreation area of the Elgin Mental Health Center grounds as opposed to just the baseball diamond area itself. I would hesitate to see us narrow that down to just this request. I think we have to incorporate the softball request also, to go back to the State with just the request for that specific area. Councilwoman Nelson stated, I think we should leave Mr. Edwards with the fact that we are going to get on to this, because it will take some doing, but I just believe that the State can be moved. Mayor.Verbic stated, we would like to do it properly and we would like to have the concession stands, bathrooms and laid out in the proper manner. I would hate to see just a couple of diamonds built without any thought to the future, because we have plans for considerable number of playing fields and think this is very important to the overall concept. What I do like about your idea is joining in and having the members work towards building this field and your enthusiasm. Mr. Edwards stated, we will put a road in, we will put 'a parking lot in if we need it, we will put the diamonds in if you give us the permission. We do not want any money from the city, all we want is the land to use. BID AWARDED FOR ROOF REPAIRS TO PUBLIC WORKS BUILDINGS Councilman Kirkland made a motion, seconded by Councilman Waters, to award the bid to the responsive low bidder, Elgin Roofing Company, for a total of $15,086.00. Yeas: Councilmen Hansen, :Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. PETITION 26 ®81 TO REZONE FROM B -3 SERVICE Jerry Deering, representing the stated, Petition 26 -81 concerns southwest corner of North State The proposed use of the subject processing, or more specifical'l processing. Community Development Department the property located at the Street and West Highland Avenue. property is vegetable oil foods y shortening and margerine Both the Community Development Department and the Land Use Committee have recommended approval of this proposed rezoning, subject to the access limitations, as depicted on the traffic flow plan, which is attached as Exhibit C. it_shoui'd be noted that the Elgin Traffic Committee has further recommended that the off-street loading facility on Chicago Street not be used by tractor trailers or semi- trailers. This VOLUME XLVI 495 recommendation is not a recommended condition of the zoning approval. There is a consensus among the department, the Traffic Committee and the Land Use Committee, that Shedd's Food Products traffic plan are going to improve loading in the area. First by reducing the number of truck stops at their North State Street facility. Second by reducing the number of trucks per day at the West Chicago Street facility, and finally by having a off - street loading facility on West Highland Avenue that is self - contained. Councilwoman Nelson made a motion, seconded by Councilman Kirkland to approve Petition 26 -81, subject to the recommendation of the Community Development Department. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Jerry Deering stated, Petition 27-81 concerns approximately 12 acres of land located on the south side of National Street at Grove Avenue. The proposed use of the property is a convenience shopping center, approximately 140,000 square feet. The leading tenant will be a Gromer Super Market. Both the Community Development Department and the Land Use Committee have recommended the approval of this petition. Richard Gromer stated, we were received enthusiastically by the Land Use Committee some weeks ago and I thought it appropriate to make the City Council aware of our project because we will need your cooperation on a number of matters before this project becomes reality and I would like to briefly show you some of the projections that we have. Mr. Gromer exhibited site layouts and interior designs to the Council. Mr. Gromer stated, our present store on McLean Boulevard is about 40,000 square feet and this one is projected to be 62,000, which incorporates more room for the present things that we have. It would also include a restaurant operation and other shops. Mayor Verbic stated, when do you feel would be the approximate time to be breaking ground on this. Mr. Gromer stated, the sign of the times is uncertainty and of course this project depends dramatically and effectively on financing, which we are working on on a daily basis. If everything went right we would be breaking ground early next summer. It could be delayed depending upon the financing package. 496 VOLUME XLVI Mayor Verbic stated, this is a very exciting concept, I was at the Land Use hearing when you presented it and I think all the members of that Committee are extremely enthusiastic about what you are going to do in this particular area. am sure that all of us feel the same way and I personally wish you God speed on this project. Councilman Waters stated, Mr. Mayer I would simply echo your comments and offer my congratulations to Dick. I think it is an exciting and something for the community to look forward to. It would be my pleasure to move that this Petition be approved. Councilwoman Nelson seconded said motion. Yeas: Councilman Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. RESOLUTION AUTHORIZING AN AGREEMENT WITH TRKLA PETTIGREW ALLEN AND PAYNE INC. FOR PROFESSIONAL SERVICES TABLED Councilman Kirkland moved to approve the resolution. Councilwoman Nelson stated, for lack of a second, i would make a motion that 'wd tab- le,this to_our, next meeting. Councilman Waters stated, I would second - that motion and just ask for clarification. Are we tabling for the next meeting or tabling it. Councilwoman Nelson stated, I would like to table it to the end of tonight's meeting, let it be the last thing on the agenda. I would move to place it as the last item on the agenda tonight. Councilman Kirkland seconded said motion. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED VACATING A PORTION OF A PUBLIC ALLEY EAST OF PROSPECT BOULEVARD Councilman Kirkland made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. i` Ordinance No. 54 -81 AN ORDINANCE_.__._ VACATING A PORTION OF A PUBLIC ALLEY EAST OF PROSPECT BOULEVARD WHEREAS, the public interest will be served by vacating a public alley in the City of Elgin, Kane County, Illinois, as shown in Exhibit "A" attached, hereto; and WHEREAS, said property is not necessary to serve the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINDIS; Section 1. That a public alley in the City of Elgin, Kane County, Illinois, legally described as follows; A public alley in The Vincent S. Lovell's Addition to the City of Elgin, being a subdivision in part of the Southwest Quarter of Section 12, Township 41 North, Range 8 East of the 'Third Principal Meridian described as follows; Beginning at the Southwest corner of lot 12, block 4 of the Vincent S. Lovell's Addition; thence East along the South line of said lot 12 for .a distance of 160.0 feet; thence Northeasterly for a distance of 7.1 feet to the East line of said lot 12 (said point being 5 feet North of the point of intersection of a prolongation of the South line with a prolongation of the East line of said lot 12); thence South for a distance of 17 feet, along a prolongation of the East line of said lot 12 to the North line of lot 9 of said block 4; thence West along the North lines of lots 9, 10 and 11 of said block 4 to the Northwest corner of said lot 11; thence North along a prolongation of the West line of said lot 11 for a distance of 12 feet to the place of beginning. Being situated in the City of Elgin, Elgin Township, Kane County, Illinois, and containing 0.46 acres, more or lessee be and the same is hereby vacated, Section 2. That the City of Elgin does hereby reserve to itself and to any public utility company owning any public service for facilities in, upon or under said right of way vacated by this ordinance full right of access for the purpose of continuing or extending any public service facilities and to maintain, renew, extend or construct or reconstruct any such public service facilities. Section 3. That a certified copy of this ordinance together with a plat of said vacated right of way be filed with the Recorder of Deeds of Kane County, Illinois. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Ric r L. Ver ic, Mayor 498 VOLUME XLVI Presented: October 28 1981 Passed: October Y8, 1981 Vote: Yeas 5 Nays O Recorded: Published: Attest: s/ Marie Yea an rie Yearman, City Clerk ORDINANCE PASSED VACATING A PORTION OF A PUBLIC ALLEY WEST OF GERTRUDE ,TRFFT Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Verbic< Nays: None., t Ordinance No. S5 -81 AN ORDINANCE VACATING A PORTION OF A PUBLIC ALLEY WEST OF GERTRUDE STREET WHEREAS; the public interest will be served by vacating a public alley in the City of Elgin, Kane County, Illinois, as shown in Exhibit "A" attached hereto; and WHEREAS, said property is not necessary to serve the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a portion of a public alley in the City of Elgin, Kane County, Illinois, legally described as follows: That part of "J.C. $ W.H. Kimball's Addition ", to the City Of Elgin, Kane County, Illinois, being a subdivision in the Southwest Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the Southerly right -of -way line of South Street and the Westerly right -of -way line of Gertrude Street; thence Southwesterly along the Southerly right -of -way line of South Street for a distance of 415.8 feet to the Westerly most corner of Lot 4, Block 7 of J. C. & W. H. Kimball's Addition; thence Southeasterly along the Southwesterly line of said Lot 4 for a distance of 165' to the Southerly most corner of said Lot 4, for a Point of Beginning; thence continuing Southeasterly along the last described course to the Westerly most comer of Lot 5, Block 7 of J.C. $ W.H. Kimball's Addition; thence Northeasterly along the Northwesterly line of said Lot 5 for a distance of 55.0 feet; thence Northwesterly along a line parallel to the afore- mentioned Southwesterly line of Lot 4 to a point on the South- easterly line of said Lot 4; thence Southwesterly along said Southeasterly line for a distance of S5.0 feet to the point of beginning. be and the same is hereby vacated. Section 2. That the City of Elgin does hereby reserve to itself and to any public utility company owning any public service for facilities in, upon or under said right of way vacated by this ordinance full right of access for the purpose of continuing or extending any public service facilities and to maintain, renew, extend or construct or reconstruct any such public service facilities. Section 3. That a certified copy of this ordinance together with a plat of said vacated right of way be filed with the Recorder of Deeds of Kane County, Illinois. Section 4. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Echard L. Verbic, yor 500 VOLUME XLVI Presented: October 28 1981 Passed: October 2�, 1981 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s/ Marie Y rm� rie Yearman, City Clerk ORDINANCE PASSED AMENDING A PORTION OF CHAPTER 11.3b ENTITLED STOPPING, STANDING AND PARKING Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Y Ordinance No. G54 -81 AN ORDINANCE AMENDING A PORTION OF CHAPTER 11.36 ENTITLED STOPPING, STANDING AND PARKING BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by deleting from the list of thirty - minute parking zones under Section 11.36.082 the following: Douglas Avenue, west side thereof, from Dexter Avenue to East Chicago Street; Douglas Avenue, east side thereof, southerly from the alley to East Chicago Street; South Spring Street, east side thereof, from DuPage Street to Fulton Street; South Spring Street, west side thereof, from DuPage Street to East Chicago Street; Division Street, south side thereof, from Douglas Avenue to North Spring Street; Division Street, north side thereof, from Douglas Avenue to North Spring Street; East Highland Avenue, both sides thereof, from Riverside Drive to North Spring Street;' East Chicago Street, south side thereof, from Douglas Avenue to Center Street. Section 2. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by adding to the list of one- hour parking zones under Section 11..36.083 the following: Douglas Avenue, west side thereof, from Dexter Avenue to East Chicago Street; Douglas Avenue, east side thereof, southerly from the alley to East Chicago Street; South Spring Street, east side thereof, from DuPage Street to Fulton Street; South Spring Street, west side thereof, from DuPage Street to East Chicago Street; Division Street, south side thereof, from Douglas Avenue to North Spring Street; Division Street, north side thereof, from Douglas Avenue to North Spring Street; 502 VOLUME XLVI East Highland Avenue, both sides thereof, from Riverside Drive to North Spring Street; i East Chicago Street, south side thereof, from Douglas Avenue to Center Street. Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Presented: October 28 1981 Passed: October 28, 1981 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: Marie Yea an Marie earman, City Clerk 13 s/ Richard L. Verbic Richard er ic, Mayor UTION ADOPTED A Councilwoman Nelson made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Hansen Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 503 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH LEININGER MID- STATES PAVING COMPANY FOR THE OTTER CREEK IMPROVEMENTS WHEREAS, the City of Elgin has heretofore entered into a contract with Leininger Mid- States Paving Company for the Otter Creek improvements; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order Number 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF.THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order Number 1, a copy of which is attached hereto and made a part hereof by reference. S/ Richard L Verbic. Richard L. Verbic, Mayor Presented: October 28 1981 Adopted: October 2h, 1981 Vote: Yeas 5 Nays 0 Recorded: Attest: s /Marie Yea rW n Marie earman, City C er RESOLUTION ADOPTED "APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS Councilman Waters made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays None. 504 VOLUME XLVI RESOLUTION APPOINTING M01BER.S TO VARIOUS BOARDS AND C(!YWSSIONS BE IT RESOLVED BY 113E CITY COUNCIL OF THE CITY OF.'ELGIN,. ILLINOIS, that Fred Ackmann be and is hereby reappointed as a member, of the Building Commission for a term w expire May 1, 1984. BE IT FURTHER RESOLVED that Richard Dombrowski be and is hereby appointed as a member of the Building Commission; for a term to 'expire May 1, 1982. BE IT FURTHER RESOLVED that Herbert Hansen be and is hereby reappointed as a member of the Building Commission, for a term to expire May 19 1982. BE,IT FURTHER RESOLVED that Frank Holden be and is hereby reappointed as a member of the Building Commission, for a term to expire May 1, 1984. BE IT FURTHER RESOLVED that Hurshel Johnson be and is hereby reappointed as a member of the Building Commission, for a term to expire May 1, 1982. BE IT FURTHER RESOLVED that John Stolt be and is hereby reappointed as a member of the Building Commission, for a term to expire May 1, 1984. , BE IT FURTHER RESOLVED that Frank.Transue be and is hereby reappointed as a member of the Building Commission, for a term to expire May 1, 1984. BE IT FURTHER RESOLVED that Mel Dahl be and is hereby appointed as a member of the Electrical Committee, for a term to expire May 1,,1984; BE IT FURTHER RESOLVED ttiat Richard Dombrowski be and is' hereby appointed as a member of the Electrical Committee, for a term to expire May 1, 1982. BE IT FURTHER RESOLVED that Merrill Lauderdale be and is hereby reappointed as a member of the Electrical: Committee, for a term to expire May 1., 1984. BE IT FURTHER RESOLVED that George VanDeVoorde be and is hereby reappointed as a member of the Electrical Committee, for a term to expire May 1, 1982. BE IT FURTHER RESOLVED that Keith Carlson be and is hereby reappointed as a member of the Plumbing Committee, for a term to expire May 1, 1984. BE IT FURTHER RESOLVED that Al Buch be and is hereby reappointed as a member of the Warm Air Heating Committee, for a term to expire May 1, 1983. BE IT FURTHER RESOLVED that Phil Hudgens be and is- hereby reappointed as a member of the Warm Air Heating Committee, for a term to expire May 1,1984. s/ Richard L. Verbic RIETT77 L. 75-761c, yor Presented: October 28, 1981 Adopted: October 28, 1981 Vote: Yeas 5 Nays 0 Recorded: Aptest: It s/ MaeYrman Marie Yearman, My Cie- VOLUME XLVI ACCE UNDERGROUND 505 HIGHFIELD Councilman Kirkland made a motion; seconded by Councilwoman Nelson to accept the underground utilities in Highfield Place Subdivision. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Councilman Gilliam arrived at 9:10 P.M. ADOPTED AUTHORIZING AN AGREEM Councilman Waters made a motion, seconded by Councilman Kirkland, to take this item off the table. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Mayor Verbic stated, Erv, do you have any explanation of the contract that has been prepared for this. Counsel Jentsch stated, the contract calls for a continuation of t professional services for an additional year at the consultant's usual rates with a maximum cost of services not to exceed $76,000, without express authorization. As I recall it calls for monthly invoices to be submitted, an initial payment to be made, which is to bededucted from the first invoice. Councilman Kirkland stated, does that mean that we have to authorize any work that he does separate and apart from this contract for him to in effect have work to do to earn any portion of that $76,000. Counsel ,Jentsch stated, the contract does not specifically describe how you should do this. I presume the thing to do would be to meet with the consultant, see what the progress is to date and determine what the next steps are. It does speak in general terms of continuing negotiations with relocation prospects, consulting with other prospects, there must be some direction from the city. Mayor Verbic stated, if you will look at the contract carefully you will see that under the method of payment that the agreement will not exceed the sum of $76,000, without express written authorization from the client. If you turn the next page under 1 you will find that extra work would be charged by the consultant to the client if we requested anything above and beyond what the contract called for. 506 VOLUME XLVI At the beginning it called continuing ongoing a new enclosed retail shopping center for the downtown on the first page, and on the second page it talks about continued South Grove Develop - ment and specifically it mentions Visa. Under the third item it mentions housing development between Wellington and Villa, and then he talks about a convenience center on the old Watch Factory site. This basically is a contract where he protects himself if the city asks for any additional work that may be required. Councilman Kirkland stated, I guess what I am asking about is the amount under $76,000. It would be my understanding that we have to authorize him to do work to earn any of the money under $76,000 also. Even though he has outlined in general terms what he would plan to do pursuant to our authorization. Counsel Jentsch stated, well his work and scope of services requires him to come back to you and report and the next step would require you to tell him what to do. For instance he cannot negotiate without your involvement, he would have to discuss that with you. Mayor Verbic stated, i think that allot of these things that got through one of ether other councilmen, I never got reports on these from anyone and I was very dismayed when I read all of these reports over, because I do not feel there was an accountability with the one who is picking up the majority of the cost. I attended every meeting when Trkla was out here, but I just did not in the 15 or 10 minute presentation get the'impression of what I read when I received this data, which had apparently been sent to various people. On the July 20th one I never knew it existed until I received it from someone this past week. I think the accountability here was very poor, because if there is anything that you need its ongoing information. I think that we as a council, when we authorize an initial payment, or initial agreement, with any consultant, we more or less turn that over then to the city and to the Central Elgin Corporation, but some where along the line there was a lack of communication. Councilman Waters stated, we did discuss that last week and believe there was consensus within the group that if this contract were extended that there should be closer communication with members of the Council, with members of the Central Elgin Corporation, and also the feeling the mechanism should be established whereby the direction given to the consultant could be more closely monitored and greater communication be established with the consultant' with that regard. think that in light of what I consider to be a consensus within the group and what has been discussed as a means of communicating with the consultant, the fact that the consultant himself has VOLUME XLVI 507 indicated that would be the condition under which he would accept and extension of the contract. It is my feeling that part of the objection to the extension of the contract has been met and we are not awarding a contract open ended, we are giving guidance and direction to the consultant, and the meter, so to speak, is running only on the direction given to him. Mayor Verbic stated, I probably do not interpret that the way you do, when I read over this agreement. It appears to me that the consultant is going to continue his ongoing services in the same fashion that he has in the past, and when you look over the initial contract this one is in a much more,orderiy form, but it would appear to me after looking at the monthly billings that we received that I cannot see anything different in what we have here and what we have had in the past. Councilman Kirkland stated, I think that the problems with accountability and not looking at those invoices more closely is largely our problem and not the consultant's problem, and it has certainly caused'problems in the last eight weeks between the consultant and his client. I would suspect that he would like to see a much greater accountability going in both directions, as we would for that reason. Mayor Verbic stated, did you all have the chance to see the July 20, 1981, letter which was sent to Mr. Wagner. It was sent by Mr. Payne, which said we are nearing final decisions regarding several of the high priority development projects and the next few months will be critical in this regard. We suggest that a budget of $25,000 to $30,000 be set aside for follow -up work. From this point on we •feel that our work should be on an assign- ment by assignment basis and that the City and Central Elgin Corporation be more closely advised on progress and immediate next steps. From reading this, instead of an open -ended agreement you have one where you are limiting yourself to a $25,000 to $30,000 amount and which would be done at our discretion as far as assignments on particular aspects. He himself suggested this in this July 20th memorandum. Councilman Kirkland stated, I suppose it has to be explained that Central Elgin Corporation was involved in connection with the lengthing of the contract, because of the greater amount that is in the contract, as far as it's upper limits, but I think this contract as interpreted by Ery Jentsch still gives us full control as far as the assignment to assignment basis. it's just in effect a longer contract because the business community through the CEC felt that longer length of time was needed to pursue contacts. Councilman Hansen stated, my judgment and experience tell me to vote no on this contract renewal and I believe the citizens and taxpayers in large measure agree with me. However, I do respect the views of all my fellow Councilpersons. I think democracy in action is being displayed here. Should this resolution pass 1 I will continue in a positive way represent the city's citizens and make sure that we get the best service and performance that we can from this contract for our dollar. 508 VOLUME XLVI Mayor Verbic stated, I don't feel any differently than I did last week. I feel basically the same as Councilman Hansen, a majority of the Council is going to vote for it and I think we should support them whole heartedly and try to do the very best we can with the consultant as far as obtaining a dollars worth of services for the money expended. I have looked at this sheaf of material that we have received and I just feel that there are better ways that perhaps could be implemented. I looked at the Economic Development Commission out of the Chamber of Commerce and they drew up their own plan and then sent it out and advertised it in various industrial magazines, and I think the creditable job in the last 4 or 5 years speaks for itself as'fa,r as industrial expansion in Elgin. I think we have a plan right noiV and Community Development Department, or maybe the shakers and doers in the City of Elgin can take this underwing and probably work exactly like the Economic Development Commission has done I just don't feel that for the last 21 months we have received the monies worth from the money that has been expended. I think that the immediate problem on the short range situation has not been addressed, and I think this is extremely important. I think this has to be addressed now and not 3 to 5 years down -the road. I think that is too long a period of time. am all for Elgin, I have been here half of my life and I want to see the downtown succeed, but I really feel that if we must'L address the immediate problems. We must be able to keep what we have in downtown Elgin. Everything that I have heard from the consultant is for long range and I don't think we can wait that long. Lets implement something with the people that we have in town. One lady told me she did'nt really know what the shopping hours were downtown and it was real confusing. I think the merchants could establish regular hours. i know some cities where the merchants have had a marketing research, they find out where the people are coming from, are they walking to town, are they using the bus, what is the age catagory of the people who come down and shop. With this data they could direct themselves as to what kind of merchandise they need. These are some of the things that people have told me about in terms of immediate solutions to our downtown problem. Alot of people have told me there is no selection of merchandise and that is why I have gone someplace else and I don't like to hear that, I want them to stay downtown. Councilman Kirkland called for the vote. Yeas? Councilmen Gilliam, Kirkland, Nelson and Waters. ways: Councilman Hansen and Mayor Verbic. VOLUME XLVB RESOLUTION AUTHORIZING AN ACRER'IM WITH TRKLA, PETTIGREW, ALIEN & PAYNE, INC. FOR PROFESSIONAL SERVICES WHEREAS, the City desires to engage the services of Trkla, Pettigrew, Allen $ Payne, Inc. for furnish technical and professional assistance in connection with follow -up tasks related to the Downtown Development Study for the City of Elgin; and WHEREAS, Trkla, Pettigrew, Allen $ Payne, Inc. have submitted a proposed agreement for such services; and WHEREAS, the City Council of the City of Elgin has reviewed said agreement and finds it to be in the best interest of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement for professional services on behalf of the City of Elgin with Trkla, Pettigrew, Allen $ Payne, Inc., a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Echar2l er,ic, mayor Presented: October 28 1,981 Adopted: October 18, 1941 Vote: Yeas 4 Nays 2 Recorded: Attest: s/ Marie Yearn rie 7eanTian, City C er 509 510 AUTHORIZATION OF PAYMENTS Gluth Bros. Keith Follman Const Sherman Hospital General Motors Corp Phyllis Gehrig VOLUME XLVI $23,250.00 Lime Residue Transmission Maf, in Area 1. $ 3,842.00 Repairs to lodge at Hawthorne Hills. $3,958.40 Paramedic Training Course. $2,481.61 Stock parts for Buses. $2,151 60 Residential Rebate Program Genevieve Kendall $2,433.15 Residential Rebate Program Councilman Waters made a motion, seconded by Councilman Hansen, to approve the aforementioned payments. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue for the month of July, 1981 Parking Lot Revenues October 1, 1980 through September 30, 1981 Cemetery Report for the month of September, 1981 Budget Summary dated October 7, 1981 Councilman Kirkland made a motion, seconded by Councilman Hansen, to place the aforementioned reports on file. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. RECOGNIZE PERSONS PRESENT - Jane Cook,representing the Northeast Neighborhood Association of Elgin stated, you have before you a copy of the letter, which I will read: "As Mr. Bernard Guentner of Lochner, Inc., has pointed out, the last public meeting on the bridge project was in November, 1976, and it is appropriate to schedule one in the near future. He has suggested an "open house,, format with consultants from Lochner and city stall members present to answer questions on November 12, from noon to 9 p.m. I am concerned about two factors. 1) There are so many alternatives under consideration for this project, both in route and phasing of construction, that a formal presentation would seem more appropriate. Each alternative could then be fully explained, including residential displacement, results of recent noise and traffic studies, and an update on the estimated cost. Scheduling an open house on such a compli- cated project seems insufficient if the reason for such a public gathering is, as Mr. Guenther said, "an information exchange ". VOLUME XLVI 511 2) The condition of the national and local economy has created increased concern with precisely where, how , and how much tax monies are spent. To give residents information of such an important nature and then ask them to respond during the same meeting is unrealistic. This limits the scope of a "public meeting" and is probably not consistent with the purpose of such a meeting as conceived by the Federal Highway Administration and the Illinois Department of Transportation. encourage you to consider changing the public meeting format by arranging for a presentation of Mr. Guentner's information at an evening meeting. Public response could be given at that time. In addition, written response could be sent during the 15 days following to an address announced at the evening meeting. Perhaps a follow -up meeting should be scheduled to answer additional questions that may come up during the 15 -day period. These changes would provide a more meaningful information exchange on this project. s/ Jane Cook" Mayor Verbic stated, thank you very much Jane. I think you have presented a very well written letter, I think it makes a lot of sense, and I think you have done a beautiful job. I personally would concur with what you have said. I think you would get more from a meeting right here in the Council. Corporation Counsel are we mandated to have this type of meeting that Bernie Guentner has suggested, or can we have a meeting at the Council's discretion "here in the chambers. Counsel Jentsch stated, I really don't know the requirements. You certainly are free to have more meetings than the law requires. don't think there is any public hearing as I understand it. Jane Cook stated, no, its different than the public hearing This is a public meeting and it's in the guidel.i:nes, within the policy of. the Federal Highway ,Administration and the Illinois Department of Transportation. Both of those organizations suggested to Mr. Guentner that it would be appropriate, with the time delay of the five years, that things have been changing so drastically during that time that public imput is required at this time to be part of the final environmental impact study. Mayor Verbic stated, you are actually suggesting that rather than having it over there that we have it right here. Jane Cook stated, right, rather than a noon to 9:00 P.M. format, where people will drop in and that kind of thing, I just felt it needed to be formalized a little bit more than that. Councilman Waters stated, Jane, would you have any objections to going ahead and holding the open house concept if Mr. Lochner were asked to make a presentation sometime during that 7:00 to 9:00 period, to accommodate both. There may be some who would 512 like to come in and and have a more one later in the evening your request. VOLUME XLVI visit on an informal basis, see the displays, on one type conversation. If you were willing t.. give a presentation would that accommodate Jane Cook stated; that would meet one of the concerns which is the first one. Just on the top of my head, I would be concerned that a set time be announced through the media. I am not aware of what his plans are for announcing or even what he has set up, and I don't know the details of that. I would need to be assured that the public would be informed of that formal meeting, say at 7:00 o'clock. I am not sure that Council chambers would give sufficient room. I am not sure when he made this statement on October 5th where he was planning on having this presentation. Mayor Verbic stated, the Hemmens Building, I think he wanted to display the various drawings. Councilman Waters stated; we did emphasize to him the night of his presentation that there be adequate public notice of the meeting, the open house, and that announcement indicate to the public that they would be given an opportunity to prepare statements and to interact with him if they had any questions they wanted to -ask. I think that our directive is that information be provided. Mel Dahl stated, they are purposing a notice that will be both in english and spanish. They would be hand delivered to all the properties, along Slade and Summit, and along the riverbank. There would be a public notice, we think, at least twice, in both newspapers in a prominent location so it is not hidden away in the legal part. We would have a legal notice announcing the meeting. The purpose of the meeting, and the intent was, to have a one on one, where people would be able to respond to their own questions to any one of the consultants, or to the staff, and they could be walked through the various phases of the project. It was thought that by doing it this way there are people who might be re- luctant to get up in the middle of two hundred people, or whatever it might be, and ask a dumb question, or just an obvious question, or even a good appropriate question, so that they could then respond on a one on one basis. He is proposing, at the direction of the Council,,to be here next Wednesday, to have the same exhibits, put those up and display them and':.bxplain to the Council how he would like to conduct this open house type of thing. Whatever the Council desires, it could be like you are saying they could have a formal meeting them. They thought the intent was that by doing this they might get more imput from the public. Councilman Hansen stated, is this the only public meeting at which imput will be received. VOLUME XLVI 513 ` Mel Dahl stated, for the EIS it would be. However, the Council would have to hold a formal public hearing after the EIS is prepared, and at that time you must put that in the document. The Federal Government wants more imput from the public and the purpose of this one was to get more one on one imput. There would be paper here for them if they want to do it here, they could respond to it or they could do it in 15 days. That draft EIS is submitted to the Feds for approval, then you have to have the public hearing. Councilman Hansen stated, my reason for the question is I take it Jane Cook is sensitive to having more than one form of public imput and you are concerned that the one on one might not be sufficient, am I correct. Jane Cook stated, that is accurate and that ties into number 2, the fact that there have been changes during the last five years. Many people have a lot of misunderstanding as to what the project entails. I don't even know the information that will be presented at that time, I assume on the 4th we will have more details, but don't think it is fair to expect people to respond to something at the time they have been presented with it, and I would in that regard suggest even a second public meeting that would enable people to ask questions and make responses, as well as being able to write in responses during the 15 day period. Councilman Hansen stated, if I read you correctly, you don't object to this forum, but you would like an additional meeting. Jane Cook stated, well I object to an open house, casual presentation. The bridge has been talked about for 50 years, and more casual talk is not what is needed at this point. It is being formalized, the EIS is being completed, and it is crucial that public imput be presented with the EIS when it goes to all of the agencies that will be reviewing these documents. I personally would be more comfortable sitting in an anonymous large room watching a presentation to get the information and all the details of displacement, possible route options and so on, then I would be speaking to a consultant who would be speaking to me personally. I feel it is much less threatening to be in a larger group than that. Councilman Hansen stated, would you be comfortable with two meetings. One an informal one on one and another one informally. Jane Cook stated, I would tend to say possibly no at this point, simply because it is difficult to get people to participate in any meeting and I think that if you toss two options to them it may be more confusing than necessary. You mean two with the same purpose in mind, one an open house and one a formal. Councilman Hansen stated, yes, both of them prior to the submission of the wrap -up of the EIS. Jane Cook stated, I just fear that would just bring confusion to people. 514 VOLUME XLVI Councilman Kirkland stated, I would just suggest that everytime he comes out here it costs us money, but of course it is a hugh project so it is important that he come out here when we need him. I think I like Don',s idea, He is going to come out next Wednesday and basically to give information to the Council, without citizen imput, so to speak. I think it sounds like a pretty good idea to go from 12;00 to 6:00 and then really have a strong announce- ment of the formal hearing beginning at 6;00 o'clock or 7;00 o'clock. Jane Cook stated, if the economics are a factor on how much it would cost him to do this, I would prefer to see a single meeting in the evening, followed by a 15 day interval and a follow -up meeting with those same people present, because you cannot assimilate all this information in one sitting, If he says for the money that you are willing to pay him that he cannot come from 12;00 to 6:00 and then 7;00 to 9:00 in one day, and then come 15 days later, I would encourage you to consider dropping the open house part of it and having the formal presentation on one evening and 15 days later having a second one. I don't know the format of that second meeting, but it would be a time for people to ask questions and make responses. Councilman Hansen stated, Mr. Mayor , 1 am flexible. Mayor Verbic stated, I think we are all very flexible because I feel we would like the citizens in the northend area to be vitely interested in this project. We want them to have as much imput and information as possible, and any way that is going to serve their needs I am in favor of it, because I feel these are the ones who should be asking the question, these are the ones who should be looking at the drawings and these are the ones who should be talking to the engineers, and our staff, Councilman Waters stated, as I recall from our last discussion on this, the open house, we did discuss'the issue of having written statements submitted and Mr. Guentner was very open to that, and said that they would be accepted, and as I under- stood it the announcement was to indicate such. Mel, let me direct a question to you. if an open house were held, a formal presentation was incorporated into that the latter part of the evening, and a 15 day period were provided whereby individuals could submit written statements in response to the presentation the open house information provided, would it be your assumption Mr. Guentner would still be open to the acceptance of those statements. We could do that Jane; without having a second formal hearing process, its seems to me that would accommodate at least a major part of what your needs seem to be without conducting a second meeting and asking him to come back a second time, Jane Cook stated, part of what I am basei.ng this on is some of the policy guidelines that IDOT and FHA have come up with. VOLUME XLVI 515 Generally in situations like this they do have follow -up meetings. This is probably between yourselves and Mr. Guentner to determine the importance of that, but that is my understanding. Councilman Kirkland stated, you are saying that you want to add an extra step in those 15 days, not only may they write some letters, but they also might have some questions they may want to ask him. I think we can talk to him about it next week. Mayor Verbic stated, I think it might be a good idea if Mel or Gary would send a::copylof'your letter to Mr. Guentner so he can be prepared when he comes out Wednesday. Jane, would you feel that if we have the meeting next week and this information was mailed out, like Mr. Dahl mentioned, that 8 days would be enough. Jane Cook stated, eight days is sufficient notice, which would put it November 4th, you are going to have to get an agreement with Mr. Guentner about changing the format. Gary Miller stated, I would like to suggest that we go ahead with the format that we have established, from noon to 9:00, and if your would like we will have Mr. Guentner give a presentation at 8 :00 o'clock. We have the notice that is to be put in the paper and we can revise that before it is sent to the newspaper and say that there will be a formal presentation. I don't see a problem, the notices are going to the paper to direct people if they have any WrittenCommemts: concerns, questions, to send them to our office and those will become a part of the record and will be given back to the consultant in a package for review and responses. We were trying to appeal to the masses and keep the hours open and we met with Lochner and we are prepared to talk about noise, traffic counts, right -of- acquisitions, house displacements, everything. If it turns out that we have 50 people who walk in as a group, we are going to end up giving, in effect, a formal presentation just because of the volumes of people, but it has been our experience that when you have public hearings that not a lot of people show up, and that is why we were trying to be flexible. We can give a formal presentation, I don't think that is a big problem. Jane Cook stated, I know you will have a large response. This is the finalization of the EIS, this is a crucial time in the process and that is why defusing it into a casual open house from noon to 9:00, the presentation sounds inappropriate to me, and I believe it will to the Federal officials. Councilman Hansen stated, I think your concern is that you want an opportunity to formally address the plan, at least by your group and other groups, prior to the time it is written in stone. You don't think this can be done in the informal one on one only. Jane Cook stated, I fear that it would not, I am unconfortable with that chance, I would not want to take the risk at this point in such an important project. 516 VOLUME XLVI Councilman Kirkland stated, I think we can predict there will probably be a packed house: more than we have had on some issues. The Northeast Neighbors are well organized, they showed that they I could pack the house before, I know they did with Sherman Hospital. think that if they tell us this facility is going to be too small, I don't think that we can argue that probably most other ones people don't show. There are a few of the people who do show. Gary Miller stated, the concept of going from noon to 9:00 o'clock, we did not anticipate a packed house for nine hours. Councilman Kirkland stated, I guess what I am saying is if you have a presentation from 6:00 to 7 :00, and I suppose I would say rather than 8:00 o'clock so there is some response time. Maybe on the basis that you are going to have that maybe you better have it in a bigger area. I think that when the formal presentation occurs I think she is telling you somewhat like Area 1. Mayor Verbic stated, Mel, if you have a chance to talk( to Mr. Guentner tomorrow express some of her concerns and send him a copy of her letter. He may have some additional suggestions that may help the neighbors out. In the meantime we should get this information out by the first of the week. Councilman Waters stated, I don't think this takes a formal vote but can we .just have a consensus that we would go ahead with the open house and ask Lochner to have a formal presentation that evening, and make certain that it is understood that written comments could be supplied afterwards that would be incorporated. I think that under our time:frame that is the best that we can do. Mayor Verbic stated, Jane's contention is that there is not enough time span. Are you looking for more time for the people to be informed. Jane Cook stated, well no, I am just saying that if you have the presentation of the information, then you need a certain amount of time for people to digest and assililate and think about and the follow -up meeting would then provide people with a way to ask questions and make further responses that they were unable to make at the first one. Councilman Waters stated, I think we need to give Mel some direction. Do we have a consensus that we will continue with the open house, on the 12th, as indicated, and ask them to give a formal,.p.resentation -that evening, and allow for written responses to be supplied after that. Mr. Malm stated, perhaps the open house hours could be scaled down if cost is a consideration. Maybe two hours before the presentation, or maybe an hour afterwards could be an open house type thing, and then there could be a follow -up meeting some days later, if that is possible, which would give people VOLUME XLVI ample opportunity to respond 517 Councilman Wagers stated, Bob, I think that if we are going to do that we have to postpone the open house, because he has a deadline of getting that material composed and printed, and as. understand it's going tomorrow morning.' Mr. Malm stated, they could be advertised for the meeting on the 12th, then the follow -up meeting could be mentioned subsequent to ghat. Either at the time of the 12th we could say we now have 15 days to formulate responses or whatever, and then meet again, so you don't really have to advertise both of them at the same time. You could say at the time of the first meeting after the presentation that there is going to be another meeting following where they will be a substantial period of time for questions and answers. Councilmen Hansen stated, it sounds to me like we are going to need two meetings to accomplish this goal, and if that is necessary and I think it is, maybe we should consider delaying this a week until we can talk to Mr. Guentner: Mayor Verbic stated, I out there was going to could have their quest be alright to send the for the 12th, and then another meeting in two think Jane would be happy if she found an another meeting in 15 days where they ions answered. In other words it would notices out, have the meeting scheduled we will talk to Mr. Guentner to arrange weeks, or whatever it might be. Ron Kilgore appeared before the Council and stated: I appreciate the opportunity to speak this evening. I know I made my point clear a week ago, probably too clear, somethings were quoted that I was chastised for by my wife, but we will not get into that. However, this evening I do appreciate the positive vote we have 4 -2 in favor of looking forward to doing something for the City of Elgin. You notice I say the City of Elgin and not the downtown area. It becomes very important to me to talk about the City of Elgin and not about purely down- town Elgin, and some of the comments made this evening, as well as last week, were about this major plan, what is it, where is it, there is a big, big misunderstanding and communication gap between the personnel, Council, staff, the business community, and of the community at large. The entire populace is not truly aware of what this project is. I am quite alarmed because you know you have discussed thing at meeting after meeting. The medias have been going through their process to get the word acr.oss'to the public. 'Some of`the statements that were made last Wednesday evening from Council and from the private sector were not always fact. Somehow, now that we have made our decision of 4 -2 to progress, which I call a long range project, and Mr. Mayor you said that we must do some things that are short term, and this is the thing that is vitally interesting to me, very important. I think the communications gap has got to be closed. I am certainly not 518 VOLUME XLVI being candid here tonight because I am here in front of a lot of people. There has to be a common ground, I am speaking as an individual, there has to be interplay between business, the Council, the staff. There has to be interplay between industry, education and the populace at large. It's a monumental task, but it is something that we must try to accomplish. It's not the easiest road, but somehow we have to do that. There is not other way, because just going with Mr. Trkla's, and I am for Mr. Trkla's project, not everything within his project, but a lot of the things I am. That is a long range project, we have to get back to what we can do today, what we can accomplish tomorrow, what we can accomplish two or six weeks from and six months from now. That is the most important thing that we have going for us today. We must show our populace that we have something going for us. What we need, as our Gifford people tried this Fall, pride in Elgin. We need pride in Elgin week fifty two weeks a year, and it starts from the bottom and goes to the top We have to start because if we do not our entire community is in jeopardy. don't have the answer at this moment, but I for one would love to join any member or members of the Council, any members of education, industry, the public at large, anyone to join together to start a pride in Elgin project fifty two weeks out of the year. If we can just leave this meeting this evening with a true positive mental attitude amongst all of us then I think we have done our job for the city. Lets start and grow from here, and I thank you for giving me this time. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilwoman Nelson made a motion, seconded by Councilman Hansen to adjourn the meeting. Yeas: Councilmen Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays; None. The meeting was adjourned at 10:15 P.M. VOLUME XLVI November 11, 1981 519 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the was held on November 11, Chambers of City Hall. Verbic. The Invocation was given of Allegiance was led by Council of the City of Elgin, Illinois, 1981, at 8 :10 P.M., in the Council The meeting was called to order by Mayor by Dr. Charles C. Austin, and the Pledge Councilman Waters. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent: None. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE OCTOBER 28, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Nelson, to approve the October 28, 1981 Council.Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Mayor Verbic stated, we have all received a letter from the North- east Neighborhood Association of Elgin, is Jane Cook here this evening. Jane Cook, President of the Northeast Neighborhood Association stated, as I mentioned in the memo which is before you, it has been five years since the last public meeting on the bridge project, and the project has changed quite a bit since that time. Now that the public will be informed of these changes there are probably going to be questions that will come up in people's minds as they consider this information after the November 12th public meeting. To ask people to state those questions without a follow -up meeting set up as a way to publicly answer these questions is inadequate. People need time to consider the study, the design variant and the funding situation, in the interest of keeping the public adequately informed on this project. I encourage you to schedule a follow -up meeting, possibly during the first week of December, since Thanksgiving follows during what would be the second week after the 12th. We talked about this during the Council Meeting of October 28th, and I believe the consensus at that time was that along with the open house and the formal presentation on November 12th, there should be a follow -up meeting in order to adequately address.the 520 VOLUME XLVI questions that may come up as a result of the information that may be given at that time. r Mayor Verbic stated, we are going to have a considerable number of meetings on the budget and you are talking about some time after Thanksgiving and December. I think it will be difficult to address another meeting with all the budget meetings we are going to have and I am wondering if after the first of the year would be satisfactory. We could perhaps address at the meeting on the 12th some of the pertinent information and I think some of the Councilmen expressed whether or not this wo uld be satisfactory rather than going through another meeting. Any questions will be addressed and Mr. Guentner stated that any written questions would be answered, and all presentations would be there. It should be an excellent opportunity for anyone to address anything to Mr. Guentner. Mrs. Cook stated, I just feel that there is going to be a lot of new information and you cannot digest it well enough to come up with appropriate questions. I am just offering this as a suggestion as the most efficient way of getting information to the public. Mayor Verbic stated, well why don't we have this meeting tomorrow night and see how things work out and cross the next path if we think it is .essential. Councilman Hansen stated, one of the things that I am looking at here is Mrs. Cook represents a substantial body of people and I think that if they are really interested in another meeting I would be willing to set it up. Maybe we could wait until after the first of the year. if she were just one person requesting this I would look at it differently but I think she is representing a neighborhood that this is having a lot of impact on. Councilman Kirkland.statgd, I suppose I would go along with that. What I am thinking might be alright is to have the meeting tomorrow for you and your group to formulate questions and mail them to us, and also a copy to Mr. Guentner, and when to answers come back to you and to us and when you add your imput back to us, that would put us back into January or February and then we would see whether we need another meeting. Councilman Waters stated, As I understood your orginal concern you had objections to the method under which Bernie had proposed to record the comments and questions at the open hearing and I think we tried to meet that concern by having public discussion/ presentation tomorrow night. I think the other thing that we had mentioned before was that he has assured us publicly, and it has been announced in the literature that has gone out that anything that is submitted to him within 15 days following tomorrow would be incorporated into his report. I certainly would not have any objections to having another meeting later on, but I think to try and work it in between now and the first of the year is going to be iimpossible for us, and I think that if we do it after the VOLUME XLVI 521 first of the year it is not going to have any impact on his report, but it may satisfy your need in terms of public discussion and public record of the concerns expressed. Does that seem satisfactory. Jane Cook stated, well unless it went into his final report there would not be any reason to schedule it in January. Councilman Waters stated, but my point again is that you have the opportunity to •submit anything you wish to him within 15 days that would be incorporated in his report. If that is the case I don't see the need to have a public meeting, with a public reading of that concern. Mayor Verbic stated, I think the consensus is to address the comments and statements to Bernie Guentner to incorporate in what he is finally going to come up with and we don't feel that at this point you would need another meeting in January. BID AWARDED FOR LIME RESIDUE REMOVAL CONTRACT Councilwoman Nelson made a motion, seconded by Councilman Schmidt, to award the bid for the lime residue removal contract to the low bidder, Plote, Incorporated for $31,308.75. Yeas; Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR ONE REFUSE PACKER BODY Councilman Kirkland made a motion, seconded by Councilman Hansen, to award the bid for one refuse packer body to the low bidder, Bruce Municipal Equipment for $18,695.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTIONS OF APPRECIATION Mayor Verbic stated, we have two people here who have given a considerable:,amount of time to the City of Elgin. Kay Martin has been on the Planning Commission and given a lot of her time and efforts and I think there are few people that realize when the get involved with the Planning Commission how much work there actually is before the final vote occurs before the Council. On the other hand we have Alan Coulson who has been on the Land Use Commission for four years and he has had the same kind of experience, serving as a non -paid member like Kay. join with the Council members, staff, and all of those who have worked with Kay Martin and Alan Coulson and thank them for their participation and the time that they spent on behalf of all of us in the City of Elgin. Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adopt resolutions of appreciation and commendation to o -Kay Martin, Alan Coulson and Charles Treadwell, Jr. Yeas: Councilmen Gilliam, Hansep, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 522 RESOLUTION OF APPRECIATION AND COMMENDATION TO ALAN J. COULSON FOR HIS SERVICE AS A NEWER OF THE LAND USE COMMITTEE VOLUME XLVI WHEREAS, Alan J. Coulson served as a member of the Land Use Committee of the City of Elgin from August 1978 to May 1981; and *1EREAS, Alan J. Coulson has served with distinction and dedication during his term of office and made a significant contribution to the residents of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Mayor and Council Members hereby express their sincere appreciation on behalf of the citizens of the City of Elgin to Alan J. Coulson for his service as a member of the Land Use Committee. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 11, 1981 Adopted: November 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye NgRe Yearman, City C—le--rk7-- VOLUME XLVI 523 RESOLUTION OF APPRECIATION AND COMMENDATION TO CHARLES TREADWELL, JR. FOR HIS SERVICE AS A MEMBER OF THE LAND USE COMMITTEE WHEREAS, Charles Treadwell, Jr. served as a member of the Land Use Committee of the City of Elgin from June 1971 to February 1981; and WHEREAS; Charles Treadwell, Jr. has served with distinction and dedication during his term of office and made a significant contribution to the residents of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,- that the Mayor and Council Members hereby express their sincere appreciation on behalf of the citizens of the City of Elgin to Charles Treadwell, Jr,. for his service as a member of the Land Use Committee. s/ Richard L. Verblc Richard er ic, Mayor Presented: November 11 198 Adopted: November If, 19 1 Vote: Yeas 7 Nays 0 Recorded: Attest:( Mares ie�Yearr4lan rie Yearman, City Clerk 524 VOLUME XLVI RESOLUTION OF APPRECIATION AND C014V ATION TO KATHLEEN A. MARTIN FOR HER.SERVICE AS 'A MEMBER OF THE PLANNING C3NITTEE WHEREAS, Kathleen A. Martin served as a member of the Planning Committee of the City of Elgin from March 1976 to July 1981; and WHEREAS, Kathleen A. Martin has served with distinction and dedication during her term of office and made a significant contribu- tion to the residents of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Mayor and Council Members hereby express their sincere appreciation on behalf of the citizens of the City of Elgin to Kathleen A. Martin for her service as a member of the Planning Committee. s/ Richard L. Verbic Ri=rd L. VeMic, My—or Presented: November 11, 1981 Adopted: November 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk VOLUME XLVI 525 PUBLIC HEARING ON PROPOSED AMENDMENT: , TO ANNEXATION AGREEMENT BETWEEN 'THE- MY OF ELGIN AND THE FLENDER CORP. Jerry Deering, representing the Community Development Department stated, this public hearing concerns property located on Tollgate Road, west of and adjacent to the existing Flender Corporation facility. The subject property is approximately 7 acres, of which approximately 90% is wooded. The Flender Corporation at this time has no plans to develop any portion of the subject property. The Elgin Land Use Committee has recommended annexation and M °1 zoning approval, subject to two conditions, both of these conditions have been met. The first condition was a revision to a site plan, which would specify a 200' building and parking setback from the westerly property line of the subject property, and the second condition provided for the protection of the wooded areas on the subject property. This is being accomplished by the petitioners granting the City of Elgin a scenic easement as part of the annexation agreement. The Community Development Department is also recommending annexation approval and M ®1 zoning, subject to the following conditions: Certain editorial and foremat revisions to the annexation agreement as required by the Legal Department. Compliance with the terms and conditions of the final annexation agreement, and finally compliance with all other applicable ..codes and ordinances. Attorney Wexler representing Flender Corporation stated, I think Mr. Deering's report summarizes accurately the status of this approximately 7 acre parcel that our client wishes to annex to the City, subject to the easement that will be attached and made part of the annexation agreement. Ninety percent of this parcel will be dedicated to open space, conservation use, but it will enable us to use the balance of that parcel for future expansion. Attorney William Ketcham stated, I would just like to go on record on behalf of the interested neighbors who appeared at the earlier hearing to express our gratitude to Mr. Wexler and the Flender Corporation for their cooperation with us in working out the conservation easement and we have reviewed the same and we would like to go on record of saying that we are satisfied as interested neighbors in the proposal as now submitted, and we have no formal objections. Councilman Waters made a motion, seconded by Councilman Kirkland, to close the public hearing. Yeas; Councilmen Gilliam, Hanse, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 526 VOLUME XLVI NANCE RECLASSIFYING PROPERTY AT 18 NORTH E STREET FROM B SERVICE BUSINESS DISTRICT -4 "GENERAL SERVICE DISTRICT TABLED TO NEXT Mr. Nelson stated, the General Manager of the Shedd Foods Company, contacted our Legal Department today asking that.this matter be tabled. There seems to be some misunderstanding as to how the traffic is to be access their property that they have acquired at the corner of Highland and State, and they apparently want to take it back to the Traffic Committee Councilman Kirkland made a motion, seconded by Councilman ::Waters, to table the aforementioned ordinance to the next Council Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Councilman Kirkland made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Councilman Waters stated -, I would just simply go on record by saying that the reason that this discussion came up in the first place was an expression of concern on the part of the city staff for their difficulty in recruiting certain personnel to the city staff, and retaining certain personnel. At our last meeting when the staff was authorized to bring this resolution to us, it was requested that the paragraph be taken out which gave the City Manager the authority to waive this requirement in those circumstances where it did provide a hardship in the recruitment of personnel. I would just like to be on record that I think that paragraph should not have been deleted and I also feel that the requirement of the second class area is also no longer needed. I do intend to vote for this resolution, but be on record in opposition of those two. Councilwoman Nelson stated, l feel the same way that Don Waters feels, but I do plan to vote for this tonight. Yeas; Councilmen Hansen, Kirkland, Nelson, Schmidt, and Waters. Nays: Councilman Gilliam and Mayor Verbic. Mayor Verbic stated, I always went back to the 1973 ordinance. voted for that one in 1973 and l thought it did work out satisfactorily. I did not vote for the one in 1980. t Ordinance No. G55 -81 AN ORDINANCE AMENDING RESIDENCY REQUIREMENTS FOR OFFICERS AND EMPLOYEES OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 2.20 of Title 2 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: "2.20.010 Definitions For purposes of interpreting and construing this ordinance the following definitions shall be applied: A. 'Bona fide residence" shall mean a permanent domicile which has not been adopted with the intention of again taking up or claiming a previous residence outside of the geographical area prescribed as a condition of employment. B. "Class I residency" shall mean residence within the cor- porate limits of the City of Elgin. C. "Class II residency" shall mean residency within the geographical area described as follows: Commencing at the southern boundary of the City of Huntley ,sand State Route 47 and proceeding southerly to the intersec- tion of State Route 47 and Burlington Road, thence south- easterly along Burlington Road to the intersection of Burlington Road and State Route 64, thence easterly along State Route 64, inclusive of the corporate limits of the City of St. Charles, to the intersection of State Route 64 and State Route 59, thence northerly along State Route 59 to the intersection of State Route 59 and Army Trail Road, thence easterly along Army Trail Road to the intersection of Army Trail Road and Gary Avenue, thence northerly along Gary Avenue to the intersection of Gary Avenue and Route U.S. 20, thence northwesterly. along Route U.S. 20 to the intersection of Route U.S. 20 and Barrington Road, thence northerly along. Barrington Road inclusive of the corporate limits of the Villages of Hanover Park and Streamwood to the intersection of Barrington Road and State Route 62, thence northwesterly along State Route 62 to the intersection of State Route 62 and Algonquin Road, thence westerly along Algonquin Road inclusive of the corporate limits of the City of Huntley to the point of beginning; provided however that such area shall include the corporate boundaries of any city or village lying partly within and partly without the area described. 2.20.020 Residency Required `'' - -- All full time officers and employees of the City named herein, employed now or hereafter by the City shall be required as a condi- tion of their continued employment to maintain their principal place of abode as is hereinafter provided and to maintain their bona fide and principal residence therein. 2.20,030 Establishment All full time officers and employees of the City, named herein, shall establish residency as required by this chapter within twelve months following original appointment or employment or promotion to an office or position for which a different residence is required by this chapter. Extensions of the time in which to establish residency as required by this chapter may be granted in the discretion of the City Manager for a period not to exceed an additional twelve months, upon written application and a hearing, where there are practical difficulties or particular hardship, in establishing residency within the time otherwise provided. 2.20.040 Class I Residency Required Full time officers and employees of the City in the following positions shall maintain Class I residency; A. Non- Uniformed Officers of the City: City Manager, City Engineer, City Treasurer, Corporation Counsel, Assistant Corpora- tion Counsel and City Clerk. B. Department Heads: Police Chief, Public Works Director, Community Development Director, Fire Chief, Finance Director, Public Property and Recreation Director, Water Operations Director, Engineering Director, Building Maintenance Director and Transit Director. C. General Governmental Staff: Assistant to the City Manager, Purchasing Agent and Administrative Assistant. D. Assistant Department Heads and Major Division Heads: Deputy Finance Director, Deputy Police Chief, Deputy Fire Chief, Engineering Supervisor, Public Works Superintendent and Parks Superintendent. E. Management Personnel involved in either frequent citizen interaction or community policy /program development: Civil Engi- neer II, Senior Planner, Senior Planner /Land Use Administrator, Recreation Director; Auditorium Manager, Associate Planner, Public Health Officer, Human Relations Coordinator and Mall Coordinator. F. Management Personnel responsible for emergency services: Construction Superintendent, Assistant Public Works Superintendent and Sewer Supervisor. 2.20.050 Class II Residency Required All full time sworn officers of the Elgin Fire and Police Depart- ments not required to reside within the Class I residency area as defined herein, shall reside within the Class II residency area, as defined herein." VOLUME X LV I 529 Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 11, 1981 Passed: November 11, 1981 Vote: Yeas 5 Nays 2 Recorded: Published: Attest: 6 Q s/ Marie Yea man Marie Yearman City Clerk RESOLUTION ADOPTED APPROVING CHANGE OR Councilman Waters made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 530 RESOLUTION APPROVING CHANGE ORDER NO. 4 IN THE CONTRACT WITH LAMP, INC. FOR CONSTRUCTION OF A PARKING FACILITY VOLUME XLVI WHEREAS, the City of Elgin has heretofore entered into a contract with Lamp, Inc. for construction of a parking facility; and WHEREAS, it =is necessary and desirable to modify the terms of the contract as is described in Change Order Number 4, attached hereto.. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute Change Order Number 4, a copy of which is attached hereto and made a part hereof by reference. Presented: November 11, 1981 Adopted: November 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED s/ Richard L. Verbic Richard Verbic, mayor TY Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Ordinance No. G57 -81 AN ORDINANCE RECLASSIFYING PROPERTY AT 111 NATIONAL STREET FROM M -1, LIMITED MANUFACTURING DISTRICT, TO B -3, SERVICE BUSINESS DISTRICT. WHEREAS, written application has been made to reclassify certain property located at 111 National Street, Elgin, Illinois,; from M -l., Limited Manufacturing District, to B -3, Service Business District; and WHEREAS, the Land Use Committee has conducted a public hearing after due notice and submitted its report and recommendations to the City Council; and WHEREAS, the City Council has reviewed the recommendations of the Land Use Committee and concurs in such recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.08, Section 19.08.020, entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from M -1, Limited Manufacturing District, and including in B -3, Service Business District, the following described property: That part of Block 1 of Sherman's Addition to Elgin, described as follows: Beginning at the Northeast corner of said Block 1; thence Southwesterly along the Northerly line of said Block 1, a distance of 574.53 feet; thence South- easterly along a line that forms an angle of 91 degrees 00 minutes to the left with the prolongation of the last described course, a distance of 915.0 feet; thence Northeasterly parallel with the Northerly line of said Block 1, a distance of 323.86 feet; thence Northwesterly at right angles to the last described course, a distance of 70.0 feet; thence Northeasterly parallel with the Northerly line of said Block 1, a distance of 250.0 feet to the Easterly line of said Block 1; thence Northwesterly along said Easterly line being along a curve to the left a distance of 846.50 feet to the place of beginning. Being situated in the City of Elgin, Kane County, Illinois." Section 2. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. er zc, Mayor 532 Presented: November 11, 1981 Passed: November 11, 1981 Voter Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yeaan Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING V DEED VOLUME XLVI Councilman Waters made a motion, seconded by Councilman Schmidt, to adopt the forementioned resolution; Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 533 RESOLUTION ACCEPTING WARRANTY DEED FROM VALLEY CREEK OF ELGIN CONVEYING LOT 53 OF VALLEY CREEK, UNIT NO. 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to accept a warranty deed from Valley Creek of Elgin conveying Lot 53 of Valley Creek, Unit No. 1, on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. V6rbic, Mayor Presented: November 11, 1981 Adopted: November 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Cler RESOLUTION ADOPTED AUTHORIZING RE Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 534 VOLUME XLVI RESOLUTION AUTHORIZING RELOCATION PAYMENTS UNDER HOUSING AND COMMUNITY DEVELOPMENT PROJECTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that relocation payments be and are hereby authorized, to be made by the Finance Director to the following person in the amounts shown: Mr. Leland Speketer -- 128 South Weston Avenue Moving Expenses $ 300 Dislocation Allowance - $ 200 Total $ S00 s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 11, 1981 Adopted: November 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie earman, qty ler RESOLUTION ADOPTED APPOINTING ROBERT L. JOHNSON AS A MEMBER OF THE HUMAN RELATIONS COM ISSION Councilman Gilliam made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland,Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVI RESOLUTION APPOINTING ROBERT L. JOHNSON AS A MEMBER- OF THE HUMAN RELATIONS COIwIIviISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert L. Johnson be and is hereby appointed as a member of the Human Relations Commission, to fill the unexpires term of Floyd Dismuke, for a term to expire May 1, 1983. s/ Richard L. Verbic Richard Verbic, Mayor Presented: November 11, 1981 Adopted: November 11, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk 535 AUTHORIZATION OF PAYMENTS2` General Motors Corp. $2,154.08 Stock parts for GMC Buses. Donald Ebert $1,575.90 Residential Rebate Program 617 Harrison St. Russell Smith $2,651.25 Residential Rebate Program Councilman Waters made a motion, seconded by Councilman Schmidt, to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 536 VOLUME XLVI REPORTS RECEIVED AND ORDERED PLACED ON FILE Land Use & Building Division Report for October, 1981 Public Property & Recreation Board Minutes - October 27, 1981 Councilman Gilliam made a motion, seconded by Councilman Kirkland, to place the aforementioned reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilwoman Nelson made a motion, seconded by Councilman Gilliam, to adjourn the meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 8:50 P.M. i t Marie YearmAn, City Clerk r: VOLUME XLVI November 24, 1981 537 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on November 24, 1981, at 8 :05 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Mayor Verbic, and the Pledge of Allegiance was led by Councilman Gilliam. ROLL CALL Roll call was naswered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mavor Verbic. Absent. None. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE NOVEMBER 11, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to approve the November 11, 1981 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR DEMOLITION AT 259-2b] DOUGLAS AVENUE Councilman Gilliam made a motion, seconded by Councilman Hansen, to award the bid for the demolition of the vacant structures at 259- 261 Douglas Avenue to the low bidder, Turner Bros. Excavating, for a total amount of $2,688.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR PARKING TICKETS Councilman Kirkland made a motion, seconded by Councilman Gilliam, to award the bid for parking tickets to the low bidder, Data Com Graphics, Inc., for a total amount of $3799.62, Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR ONE 0,000 GVW TRUCK CHASSIS 5 Councilwoman Nelson made a motion, seconded by Councilman Gilliam, to award the bid for one 50,000 GVW Truck Chassis to the low bidder, Northwest Ford Truck Sales, for a total amount of $30,859.55. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays None. 538 VOLUME XLVI BID AWARDED FOR ONE 27,500 GVW -DUMPTRUCK Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to award the bid for one 27;500 G'VW Dump Truck to the low bidder, Northwest Ford Truck Sales, for a total amount of $29,696.58. Yeas. Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays; None. BID AWARDED FOR FENCING PROJECT IN ENGINEERING BUILDING Councilman Waters made a motion, seconded by Councilman Schmidt, to award the bid for the construction of some chain link fencing in the Police storage area of the Engineering Building to the low bidder, Peerless Fence, Inc., for a total amount of $3909.22. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ORDINANCE RECLASSIFYING PROPERTY AT Id NORTH STATE STREET FROM B -31 SERVICE BUSINESS DISTRICT, to B- GENERAL SERVICE DISTRICT REFERRED BACK TO LAND USE COM - ISSION Due to the substantial changes in the proposed traffic flow plan and in order to ensure the safe and efficient means of vehicular access required by the zoning ordinance,,, the Community Development Department recommended this matter be referred back to the Land Use Commission. Councilman Waters made a motion, seconded by Councilman Gilliam, to refer the aforementioned ordinance back to the Land Use Commission. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT FOR THE EMPLOYMENT OF RECIPIENTS OF FINANCIAL AID Councilman Kirkland made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 539 RESOLUTION AUTHORIZING AN AGREEMENT FOR THE EMPLOYMENT OF RECIPIENTS OF FINANCIAL AID WHEREAS, Public Act 82 -439, passed by the 82nd General Assembly, authorizes local taxing districts to select recipients of financial aid from rosters maintained by a local governmental unit which administers public assistance; and WHEREAS, the Town of Elgin is a local governmental unit within the meaning of Public Act 82 -439 and maintains a roster of persons who have registered for work; and WHEREAS, Public Act 82 -439 authorizes taxing districts to select workers from such roster upon certain terms and conditions; and WHEREAS, it is in the best interest of the City of Elgin to enter into an Intergovernmental Agreement with the Town of Elgin for the selec- tion of persons who have registered for work to perform work on behalf of the City of Elgin; and WHEREAS, Article VII, Section 10 of the 1970 Illinois Constitution authorizes intergovernmental agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Maxie Yearman, City Clerk, be and are hereby respectively authorized and directed,-on-behalf of the City of Elgin, an Intergovernmental Agreement with the Town of Elgin for the selection of workers from rosters. s/ Richard L. Verbic Richard L. V6rbic, Mayor Presented: November 24 1981 Adopted: November X4,1981 Vote: Yeas 7 Nays 0 Recorded: Attest: o s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A Councilman Gilliam made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 54o VOLUME XLVI RESOLUTION AUTHORIZING A CONTRACT FOR PROFESSIONAL SERVICES FOR �- THE MANAGEMENT OF SPARTAN MEADOWS AND WING PARK GOLF COURSES WHEREAS, the _City of Elgin desires to renew its contract for pro - fessional services with Jerald C. Ludvigson for the management of Spartan Meadows and Wing Park golf courses, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, Illinois, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed, on behalf of the City of Elgin, to execute a Letter of Understanding with Jerald C. Ludvigson for professional services, a copy of which is attached hereto and made a. part hereof by reference. s/ Richard L. Verbic Ri-M-ra E. Verbic, Mayor Presented: November 24, 1981 Adopted: November 24, 1981 Vote: Yeas 7 Nays O Recorded:- Attest: s// Marie' Year an rae Yearman, City Cler Councilman Kirkland made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 541 RESOLUTION ACCEPTING THE PROPOSAL OF BURNIDGE, CASSELL AND ASSOCIATES, FOR ARCHITECTURAL AND ENGINEERING SERVICES WHEREAS, the City of Elgin desires to determine the feasibility and cost of remodeling the former Sears Building; and WHEREAS, Burnidge, Cassell and Associates, Architects and Land Planners, have submitted their written proposal for architectural and engineering services required to determine the feasibility and cost of remodeling the former Sears Building; and WHEREAS, the acceptance of said proposal is in the best interest of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF'THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized to accept,, on behalf of the City of Elgin, the proposal for architectural and engineering services of.Burnidge, Cassell and Associates dated November 17, 1981, a copy of which is attached hereto and made a part hereof by reference. Presented: November 24, 1981 Adopted: November 24, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie YearNian Marie Yearman, City Clerk ;v 1I• s/ Richard L. Verbic Ri-cFard L. Verbic, Mayor IZI Councilman Gilliam made a motion, seconded by to adopt the aforementioned resolution. Yeas: Hansen, Kirkland, Nelson, Schmidt, Waters and None. NCE Councilman Kirkland, Councilmen Gilliam, Mayor Verbic. Nays: 542 VOLUME XLVI RESOLUTION AUTHORIZING PERFORMANCE CONTRACTS FOR THE HBt4ENS AUDITORIUM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Betsy Armistead, Program Coordinator, be and is hereby authorized and directed to execute, on behalf of the City of Elgin, contracts for the following performances to be held at Heimnens Auditorium, a copy of, which is attached hereto and made a part hereof by reference: 1. Susan Bl with the PART Foundation, Inc. 2. The Griffin and the Minor Canon with Starry Night Puppet Theatre, Inc. 3. The Great Houdini with Producers Foundation Ltd. s/ Richard L. Verbic Richard L. erg ic, gayer Presented: November 24 1981 Adopted: November 24, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Cler RESOLUTION ADOPTED DESIGNATING THE ELGIN BEAUTIFICATION COMMISSION AS MANAGER OF THE TROUT PARK BOTANICAL GARDENS - Councilman Waters made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 543 RESOLUTION DESIGNATING THE ELGIN BEAUTIFICATION COMMISSION AS MANAGER OF Tit TROUT PARK BOTANICAL GARDENS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Elgin Beautification Commission, established by Chapter 3.24 of the Elgin Municipal Code, 1976, as amended, be and is hereby designated as manager, on behalf of the City of Elgin, of the Trout Park Botanical Gardens, s/ Richard L. Verbic Richard er ic, Mayor Presented: November 24 1981 Adopted: November 24, 1981 Vote: Yeas 7 Nays 0 Recorded: �Attest: s/ Marie Yearml6n rie Yearman, City Cler ORDINANCE PASSED PROHIBITING PARKING ON CERTAIN SECTIONS OF NORTH McLEAN BOULEVARD Councilwoman Nelson made a motion, seconded by Councilman Hansew, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 544 VOLUME XLVI Ordinance No. G58 -81 AN ORDINANCE PROHIBITING PARKING ON CERTAIN SECTIONS OF NORTH McLEAN BOULEVARD BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby amended by deleting from the designated places where parking is prohibited under Section 11.36.050M the following: North McLean Boulevard on the east side thereof between Lawrence Avenue and Wing Street. Section 2. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to:the designated places where parking is prohibited under Section 11.36.050M the following: North McLean Boulevard, both sides, from a point 44 feet south of the south line of Maple Lane as extended to Wing Street. Section 3. That all ordinances or parts of ordinances °in conflict with'' the provisions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic lac hard er sc, Mayor Presented: November 24, 1981 Passed: November 24, 1981 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s Marie 'Year n Marie Yearman, City Clerk RESOLUTION ADOPTED TO AUTHORIZE PENSION SERVICE CREDIT FOR EMPLOYEES PREVIOUSLYJIBARRED BY AGE Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 545 RESOLUTION TO AUTHORIZE PENSION SERVICE CREDIT FOR EMPLOYEES PREVIOUSLY BARRED BY AGE WHEREAS, Public Act 82 -596 approved by the Governor on September 24, 1981, provides that employees who were previously barred from participation in the Illinois Municipal Retirement Fund because of age restrictions may establish retroactive service credit for the period during which they were barred; and WHEREAS, pension service credit may be established by such employees for periods prior to January 1, 1979, only if the governing body of their employer authorizes such credit; and WHEREAS, it is desired such employees of this employer be afforded the opportunity to establish pension service credit prior to January 1, 1979. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that all of its employees who were barred from participa- tion in the Illinois Municipal Retirement Fund prior to January 1, 1979, because first employed at age 60 or more in a position otherwise qualify for E%IRF participation at age 60, may establish pension service credit retroactively to the time they were first employed in such a position. s/ Richard L. Verbic Richard er•ic, Mayor Presented: November 21141191981 Adopted: November 9 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year n Marie earman, City Clerk 546 VOLUME XLVI AUTHORIZATION FOR HANOVER TOWNSHIP TO SEEK FUNDS THROUGH THE COMMUNITY., DEVELOP ENT BLOCK GRANT7-0R BAN COUNTY Councilwoman Nelson made a motion, seconded by Councilman Hansen, to give authorization to Hanover Township to seek funds through a grant from Cook County for the purpose of building a Township office building and bus for a Senior Program. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays. None, AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Blitz Body Co, $2,498.38 Interior Bus repairs to Bus 1042. Gluth Bros. $5,478.20 Final payment for construction of lime residue transmission main through Area I. Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic, Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE' Sales Tax Report for the month of August, 1981 Water Department Report for the month of October, 1981 Traffic Committee Minutes November 5, 1981 Parking Lot Revenues November 1, 1980 through October 31, 1981 Cemetery Report for the month of October, 1981 Budget Summary, November 5, 1981 Human Relations Annual Report Councilman Gilliam made a motion, seconded by Councilman Waters, to place the aforementioned reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. COUNCIL MEETING ADJOURNED TO DECEMBER 2, 1981 Councilman Schmidt made a motion, seconded by Councilwoman Nelson, to adjourn the Council Meeting to December 2, 1981. Yeas Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic, Nays: None. The meeting was recessed at 8:30 P.M. arse Yearman, City Clerk VOLUME XLVI December 2, 1981 547 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT RECONVENED MEETING A reconvened meeting of the Council of the City of Elgin, Illinois, was held on December 2, 1981, at 8:07 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent: None. Also present: - Nelson, Yearman and members of staff. Councilwoman Nelson made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance. Yeas; Councilmen Gilliam, Hansen; Kirkland, Nelson, Schmidt, Wagers and Mayor Verbic.' Nays: None. 548 VOLUME XLVI ORDINANCE NO. S6 -81 AN ORDINANCE AUTHORIZING THE FINANCING OF BUILDINGS, MACHINERY, EQUIPMENT AND RELATED FACILITIES CONSTITUTING A "PROJECT" WITHIN THE MEANING OF ORDINANCE NO. S2 -80; AUTHORIZING THE ISSUANCE OF $3,500,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS MENDER CORPORATION PROJECT) SERIFS 1981 AND $5,000,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS MENDER CORPORATION PROJECT) SERIES 1981 A IN CONNECTION THEREWITH; AUTHORIZING THE EXECUTION AND DELIVERY OF LOAN AGREEMENTS BETWEEN THE CITY OF ELGIN, ILLINOIS AND FLENDER CORPORATION; AUTHORIZING THE EXECUTION AND DELIVERY OF INDENTURES OF TRUST SECURING SAID BONDS AND RELATED MATTERS. WHEREAS, the City of Elgin, Kane County, Illinois (the "Issuer ") is authorized by its home rule powers and Ordinance S2 -80, duly adopted February 13, 1980 (the "Act "), to issue industrial revenue bonds to finance any "project ", as defined in the Act; and WHEREAS, the Issuer has by resolution duly adopted September 10, 1980, as amended October 22, 1980, expressed its willingness to issue up to $10,000,000 of its industrial revenue bonds to finance a portion of the cost of land, buildings and equipment in the City of Elgin constituting a manufacturing plant (the "Project ") for use by Flender Corporation, an Illinois corporation (the "Company "); and WHEREAS, said bonds are to be issued in two series, the "Industrial Development Revenue Bonds ( Flender Corporation Project) Series 1981" in the principal amount of $3,500,000 (the "Series 1981 Bonds ") and the "Industrial Development Revenue Bonds ( Flender Corporation Project) Series 1981 A" in the principal amount of $5,000,000 (the "Series 1981 A Bonds "); and WHEREAS, in connection with the authorization of the Series 1981 Bonds and the Series 1981 A Bonds there have been presented to this meeting the following documents: (a) A Loan Agreement between the Issuer and the Company, dated as of December 1, 1981, relating to the Series 1981 Bonds (the "Series 1981 Agreement "); (b) An Indenture of Trust between the Issuer and Texas Commerce Bank National Association, as Trustee (the "Trustee "), dated as of December 1, 1981 relating to the Series 1981 Bonds (the "Series 1981 Indenture "); (c) A Loan Agreement between the Issuer and the Company, dated as of December 1, 1981 relating to the Series 1981 A Bonds (the "Series 1981 A Agreement "); and i ' (d) An Indenture of Trust between the Issuer and the Trustee dated as of December 1, 1981 relating to the Series 1981 A Bonds (the "Series 1981 A Indenture "); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN KANE COUNTY, ILLINOIS, AS FOLLOWS: Section 1. The forms presented to this meeting of the Series 1981 Agreement and the Series 1981 A Agreement (collectively, the "Agreements "), providing for the financing of the acquisition, construction and improvement of the Project by the Issuer be, and the same are hereby authorized and approved; and the Mayor of the Issuer be, and he is hereby authorized to execute; the City Clerk of the Issuer be and he is hereby authorized to attest and affix the official corporate seal of the Issuer thereto; and each of such officers is hereby authorized to deliver the said Agreements, together with such changes in and additions thereto as shall be approved by the officers signing the same, including without limitation, such changes as shall be necessary to conform to the terms of the Bonds hereinafter authorized, such approval to be conclusively evidenced by such execution. Section 2. The form presented to this meeting of the Series 1981 Indenture and the Series 1981 A Indenture to finance the Project and securing the Bonds be, and the same are hereby authorized and approved; and the Mayor of the Issuer be, and he is hereby authorized to execute; the City Clerk of the Issuer be and he is hereby authorized to attest and affix the official corporate seal of the Issuer thereto; and each of such officers is hereby authorized to deliver the said Indentures, together with such changes in and additions thereto as shall be approved by the officers signing the same, including without limitation such changes as shall be necessary to conform to the terms of the Bonds hereinafter authorized, such approval to be conclusively evidenced by such execution. Section 3. The Series 1981 Bonds will (a) bear interest at a rate equal to 63% of the Prime Rate announced from time to time by Texas Commerce Bank National Association, in Houston, Texas ( "Texas Commerce Bank "), (b) be dated their date of delivery, (c) mature on December 1, 1993, (d) be subject to optional and mandatory redemption prior to maturity, in accordance with the provisions of the Indenture, including mandatory sinking fund redemption at a redemption price of 100% of the principal amount thereof plus accrued interest to the redemption date, in the principal amounts and on the dates set forth in Schedule I attached hereto and (e) be in the form and have the content set forth in the Series 1981 Indenture. The issuance of the Series 1981 Bonds be, and the same is hereby authorized and approved; and the Mayor and the City Clerk of the Issuer are hereby authorized and directed to execute the Series 1981 Bonds -2- by their manual signatures, to procure their authentication by the Trustee and to deliver the same to the purchaser thereof upon payment of the purchase price. Section 4. The sale of the Series 1981 Bonds to Texas Commerce Bank at a purchase price of 100% of par without accrued interest is hereby authorized and approved. Section 5. The Series 1981 A Bonds will (a) bear interest at a rate equal to 63% of the rate as announced by Deutsche Bank AG, New York Branch ( "DBNY") from time to time as its prime lending rate for unsecured commercial loans within the United States; any change in the interest rate resulting from a change in the Prime Lending Rate to be effective on the effective date of each change in the prime lending rate announced by DBNY, (b) be dated as of December 1, 1981, (c) mature on December 1, 1993, (d) be subject to optional and mandatory redemption prior to maturity, in accordance with the provisions of the Series 1981 A Indenture, including mandatory sinking fund redemption at a price of 100% of the principal amount thereof plus accrued interest to the redemption date, in the principal amounts and on the dates set forth in Schedule II attached hereto and (e) in the form and have the content set forth in the Series 1981 A Indenture be, and the same is hereby authorized and approved; and the Mayor and the City Clerk of the Issuer are hereby authorized and directed to execute the Series 1981 A Bonds by their manual signatures, and the coupons, if any attached thereto by their facsimile signatures, to procure the authenti- cation of the Series 1981 A Bonds by the Trustee and to deliver the same to the purchaser thereof upon payment of the purchase price. Section 6. The sale of the Series 1981 A Bonds to DBNY at a purchase price of 100% of par, plus accrued interest from December 1, 1981 to the date of delivery is hereby authorized and approved. Section 7. Texas Commerce Bank is hereby designated as Trustee, paying agent and bond registrar under Series 1981 Indenture and the Series 1981 A Indenture (the "Indentures "). Section 8. That the proper officers and employees of the Issuer and each of them is hereby authorized and directed to do and perform all such acts and things and to sign all such instruments, documents and certificates as may be necessary or advisable or convenient and proper to carry out the intent of this Ordinance, the Loan Agreements and the Indentures. Section 9. That the provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision shall, for any reason, be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. -3- Section 10. That all ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. Section 11. That this Ordinance shall be in full force and effect upon its approval by the Mayor. Adopted: December 2 , 1981. Approved: December 2_, 1981. Vote: Yeas 7 Nays: 0 Attest: s /Marie Yearl3an Marie Yearman, City Clerk Approved: s/ Richard L. Verbic Mayor SCHEDULE I The Series 1981 Bonds are subject to mandatory redemption in part prior to maturity, at a redemption price of 100% of the principal amount thereof plus accrued interest to the redemption date, in the principal amounts and on the dates set forth below: -5- PRINCIPAL DATE AMOUNT June 1, 1985 $ 250,000 December 1, 1985 250,000 June 1, 1986 250,000 December 1, 1986 250,000 June 1, 1987 250,000 December 1, 1987 250,000 June 1, 1988 250,000 December 1, 1988 250,000 June 1, 1989 250,000 December 1, 1989 250,000 June 1, 1990 1503000 December 1, 1990 150,000 June 1, 1991 150,000 December 1, 1991 150,000 June 1, 1992 100,000 December 1, 1992 100,000 June 1, 1993 100,000 There will remain $100,000 principal amount of the Series 1981 Bonds to be paid at maturity unless previously redeemed. -5- VOLUME XLVI SCHEDULE II ,<53 The Series 1981 A Bonds are subject to mandatory redemption in part prior to maturity, at a redemption price of 100% of the principal amount thereof plus accrued interest to the redemption date, in the principal amounts and on the dates set forth below: PRINCIPAL DATE AMOUNT June 1, 1985 $ 250,000 December 1, 1985 250,000 June 1, 1986 2501000 December 1, 1986 250,000 June 1, 1987 250,000 December 1, 1987 250,000 June 1, 1988 2502000 December 1, 1988 250,000 June 1, 1989 250,000 December 1, 1989 250,000 June 1, 1990 350,000 December 1, 1990 350,000 June 1, 1991 300,000 December 1, 1991 300,000 June 1, 1992 300,000 December 1, 1992 300,000 June 1, 1993 3001000 There will remain $100,000 principal amount of the Series 1981 A Bonds to be paid at maturity unless previously redeemed. RESOLUTION ADOPTED PROVIDING FOR A PUBLIC HEARING ON THE PROPOSED MUNICIPAL BUDGET FOR Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ,<54 VOLUME XLVI RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE PROPOSED MUNICIPAL BUDGET FOR 1982 WHEREAS, the City of Elgin has previously adopted the provisions of Section 8 -2 -9.1 through 8 -2 -9.9 of Chapter 24 of the Illinois Revised Statutes, in order to provide for the passage of an annual, budget in lieu of the passage of an annual appropriation ordinance; and WHEREAS, a tentative annual budget has been prepared in accordance with the aforementioned sections of the state statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the budget officer is hereby directed to place copies of the tentative annual budget on file in the Office of the City Clerk and Finance Director for public inspection commencing December 3, 1981 during the usual business hours of said office; and BE IT FURTHER RESOLVED that a public hearing on the tentative annual budget shall be conducted on December 16, 1981, commencing at 8 :00 p.m. on said date in the City Council Chambers at 150 Dexter Court, Elgin, Illinois; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to give notice of said hearing in a newspaper of general circula- tion in the City of Elgin, at least one week prior to the appointed time of said hearing, Presented: December 2, 1981 Adopted: December 2, 1981 Voter Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yeaan Marie Yearman, City Clerk s' Richard L. Verbic Richard L. Verbic, Mayor ION :ADOPTED SETTING A PUBLIC HE Councilman Kirkland made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution, Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 955 RESOLUTION SETTING A PUBLIC HEARING ON THE USE OF FEDERAL REVENUE SHARING FUNDS WHEREAS, units of local government are required to hold a public hearing concerning the purposes and objects for which Federal Revenue Sharing Funds shall be expended during the next fiscal year; and WHEREAS, a public hearing is required to be held concerning the proposed expenditures of Federal Revenue Sharing Funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a public hearing shall be held on December 16, 1981 at 8:00 p.m. in the City Council Chambers located at 150 Dexter Court, Elgin, Illinois -. BE IT FURTHER RESOLVED that the budget officer is hereby directed to place on file commencing December 3, 1981 in the Office of the City Clerk for public inspection a summary of the proposed uses of Federal Revenue Sharing Funds in the context of the proposed budget. BE IT FURTHER RESOLVED that notice of said public hearing shall be given by publication in the Daily Courier News not less than ten (10) days prior to said hearing s/ Richard L. Verbic Riclia-M E. Verbic, Tay—or Presented: December 2, 1981 Adopted: December 2, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest; qA s/ Marie Yearn Marie Yearman, City Cler RESOLUTION ADOPTED DECLARING VALLEY ENGINEERING COMPANY TO BE IN DEFAULT ON ITS CONTRACT WITH THE CITY OF ELGIN FOR A RETAINING WALL AT FULTON AND VILLA SIRE TS Councilwoman Nelson made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nayso None. S56 VOLUME XLVI , RESOLUTION DECLARING VALLEY ENGINEERING COMPANY TO BE IN DEFAULT ON ITS CONTRACT WITH THE CITY OF ELGIN FOR A. RETAINING WALL AT FULTON AND VILLA STREETS WHEREAS, on September 2, 1981 the City of Elgin entered into a con- tract with Valley Engineering Company, an Illinois corporation; for the construction of a`retaihing wall at Fulton and Villa Streets in the City of Elgin; and WHEREAS, Valley Engineering Company, an Illinois corporation, has failed to commence work; and WHEREAS, on November 12, 1981, Valley Engineering Company, an Illinois corporation, filed its petition in bankruptcy in United States District Court under General Number 81 B 14100. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby declares that the acts of failure of the contractor to commence work and the filing of a petition in bankruptcy constitute a default on the contract. BE IT FURTHER RESOLVED that a certified copy of this resolution shall be served upon Valley Engineering Company, an Illinois corporation; and United States Fidelity and Guaranty Company, surety on the contract described, BE IT FURTHER RESOLVED that upon failure of the contractor to commence work within "ten days thereafter, said contractor's right shall be forfeited and demand made upon United States Fidelity and Guaranty Company, as surety, to complete the work in accordance with the terms of the contract. s/ Richard L. Verbic Richard L. Verbic, Mayor presented: December 2, 1981 Adopted: December 2, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie YeaY3man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING INSTALLMENT LOAN CONTRACT Councilman Gilliam made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION AUTHORIZING INSTALIMENT LOAN CONTRACT WHEREAS, the City of Elgin is a home rule unit by virtue of Arti- cle VII of the 1970 Illinois Constitution; and WHEREAS, the City of Elgin acquired several parcels of real property in 1976 commonly known as 138 and 156 and 141 South Grove Avenue, Elgin,. Illinois, for the purchase price of $250,000 to be paid over five years; and WHEREAS,. on November 15, 1981 there was due and owing by the City of Elgin a one hundred and seventy -three thousand, six hundred and eighteen dollars and forty -one cents ($173,618.41) balloon payment on the purchase price of said real property, and WHEREAS, said $150,000.00 of said balloon payment was made from general operating funds of the City of Elgin; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to reimburse the general fund by financing one hundred thousand ($100,000.00) dollars of said amount over a thirty -seven (37) month period at a simple interest rate of twelve (112%) percent; and WHEREAS, the First National Bank of Elgin has agreed to enter into the attached loan agreement; and WHEREAS, a home rule unit has authority over its finances; and WHEREAS, the City of Elgin, by virtue of its home rule authority,;is empowered to enter into the attached installment contract to pay for the purchase of real property over a period of thirty -seven (37) months, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: Section 1. It is hereby determined that it is advisable and necessary that the City of Elgin enter into the attached installment loan agreement in the amount of one hundred thousand dollars ($100,000.00) to be paid back over a thirty -seven (37) month period with simple interest of twelve (12 %) percent to reimburse the general operating fund for payments made from said fund to meet a debt obligation arising out of the purchase of the real property located at 138 and 156 and 141 South Grove Avenue, Elgin, Illinois. Section 2. That the City Manager and the City Clerk be and are hereby respectively authorized and directed to execute the attached installment loan agreement and do all things necessary and essential, including the execution of any documents and certificates necessary to carry out the provisions of the agreement. Section 3. That the resolution shall be in full_.force and effect from and after its passage and approval in the manner provided by law and by virtue of the City's home rule powers, shall not be restricted by or subject to any statute of the State of Illinois to the contrary and shall be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard er ic, Mayor Presented: November 24, 1981 Adopted: December 2, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s as raa n Marie Yearman, City Clerk ADJOURNMENT VOLUME XLV1 There being no further business to come before the Elgin City Council, Councilman Gilliam made a motion, seconded by Counc.ilman Waters, to adjourn the meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 8:15 P.M. F..1a 4 Marie Yearma , City Clerk VOLUME XLVI December 9, 1981, 558 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on December 9, 1981, at 8:10 P.M., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Dr.'Carleton C. Rogers of the First United Methodist Church, and the Pledge of Allegiance was led by Councilman Hansen. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent: None. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE NOVEMBER 24, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Kirkland, to approve the November 24, 1981 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. MINUTES, OF THE DECEMBER 2, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to approve the December 2, 1981 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Presentation by the American Legion Post No. 57 to the Elgin Police Department. Mayor Verbic stated, tonight we are very privileged to have members of the American Legion, who are here to present a good amount of money, and we are very happy to have you be here this evening. Chief Baird stated, I would like to introduce to everyone present this evening these three fine people, Jim Soens, Jim is President of the American Legion Post No. 57, Joanne Rohrsen, President of the Ladies Auxiliary, and Dick Hampel, Chairman of the American Legion Special Projects Committee. Jim Soens stated, I would like to present Joanne Rohrsen and then I think she will introduce Dick Hampel. 559 VOLUME XLVI Joanne Rohrsen stated, on behalf of the American Legion Auxiliary we are very proud tonight and very honored to make this presentation.'. At this time I would like to present our Special Project Chairman, Dick Hampel. Dick Hampel stated, there is just one thing that I would like to preface the presentation with and that is to give you the definition of our project here. It is a special project that shall either be not funded or underfunded by others, and shall be of substantial benefit to the community. I would like to present to Chief Baird a check for $10,000 for a criminal investigation van, I think this is something that will help the community as a whole. In years to come I hope that we can come up here again and present as much, or a little bit more. Chief Baird stated, I thank all of you on behalf of the Elgin Police Department and for the residents of whom we have taken an oath to serve. I can assure you that the evidence van will be put to good use. Mayor Verbic stated, I wish you would extend to the other members of the American Legion the thanks of the Council and myself and al.] of the people in the City of Elgin for a worthwhile contribution which is going to be employed in a very effective manner. We are very thankful for the American Legion's contributions, not only tonight, but all of the other contributions that they have made to the citizens of Elgin over the years. Judson College Mayor Verbic stated, we do have with us this evening a group from Judson College, and I would like to have these school members stand up so you can be seen by the Council members. These students are in Peter Powell's class and we are very happy to have you here tonight. BID AWARDED FOR STREET LIGHTS AND POLES Councilwoman Nelson made a motion; seconded by Councilman Kirkland, to award the bid for 6 Aluminum Light Poles to the low bidder, Fox Electric Supply for a total amount of $3,116.00, and to award the bid for various Luminaires to the low bidder, Heider Electric Supply for a total amount of $1,370.16. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays; None. ORDINANCE PASSED AUTHORIZING THE ISSUANCE OF INDUSTRIAL Jim Lawson and Dean Wharton, representing Modern Track Machinery appeared before the Council. Mr. Lawson stated, we manufacture rail road machinery to repair tracks. We have been here about five years and hopefully we will be here to build a new factory. Councilman Gilliam made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI ORDINANCE NO. S7 -81 AN ORDINANCE PROVIDING FOR THE FINANCING BY THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, OF A PROJECT, AUTHORIZING THE ISSUANCE OF A $900,000 ECONOMIC DEVELOPMENT REVENUE BOND (MODERN TRACK MACHINERY, INC. PROJECT) AND CONFIRMING SALE THEREOF, AND AUTHORIZING EXECUTION OF A LOAN AGREEMENT, A BOND PURCHASE AGREEMENT AND RELATED DOCUMENTS. 56o WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois (the "Municipality ") is a duly constituted and existing municipality and a "home rule unit" within the meaning of Section 6, Article VII of the Constitution of the State of Illinois; and WHEREAS, the Municipality, pursuant to its powers as a "home rule unit" as implemented by its Ordinance No. S2 -80 adopted on February 13, 1980 (the "Act "), is authorized and empowered to issue its revenue bonds to finance the costs of "economic development projects ", as defined in the Act, to the end that the Municipality may be able to retain employment, to relieve conditions of unemployment and to encourage the increase of industry within the State of Illinois; and WHEREAS, the Municipality has previously entered into a Memorandum of Agreement dated as of June 1,0, 1981, with Modern Track Machinery, Inc.., a Delaware corporation (the "Borrower "), whereby the Borrower agreed to acquire a building and equipment and other facilities (the "Project ") located within the boundaries of the Municipality and the Municipality agreed to issue its revenue bonds under the Act to finance the costs of the Project; and WHEREAS, as a result of the Memorandum of Agreement, the Borrower has entered into contracts for the acquisition and con- struction of, and pursuant thereto has or will acquire and construct, the Project, and it is proposed that the Municipality shall enter into a Loan Agreement (the "Agreement ") with the Borrower pursuant to which the Municipality shall lend the Borrower a sum sufficient to reimburse the Borrower or pay for a portion of the costs of such acquisition and construction and the Municipality is willing to issue its revenue bonds upon terms which will be sufficient to make such loan to the Borrower to finance such portion of the costs of the Project as evidenced by such revenue bonds, all as set forth in the details and provisions of the Agreement; and WHEREAS, it is estimated that the portion of the costs of the Project to be financed by the Municipality, including costs relating to the preparation and issuance of the revenue bonds, will be not less than $900,000; and WHEREAS, the Project will be of the character and will t" accomplish the purposes of the Act, and will retain existing employment and potentially create additional employment oppor- tunities in the City of Elgin, Kane and Cook Counties, Illinois; and WHEREAS, the Municipality proposes to sell the revenue bond hereinafter authorized and designated "Economic Development Revenue Bond (Modern Track Machinery, Inc.. Project)" upon a nego- tiated basis to American National Bank and Trust Company of Chicago; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: DEFINITIONS Section 1. The following words and terms as used in this Ordinance shall have the following meaning unless the context or use indicates another or different meaning or intent: "Agreement" means the Loan Agreement, dated as of October 1, 1981, by and between the Municipality and the Borrower, as from time to time amended and supplemented. "Assignment" means the Assignment and Security Agree- ment dated as of October 1, 1981 from the Municipality to the Purchaser attached as Exhibit C to the Bond Purchase Agreement. "Bond Purchase Agreement" means the Bond Purchase Agree- ment dated as of October 1, 1981, between the Municipality and the Purchaser. "Bond" means the Economic Development Revenue Bond (Modern Track Machinery, Inc. Project) authorized to be issued hereunder. "Borrower" means Modern Track Machinery, Inc., a Delaware corporation, and any surviving, resulting or transferee corporation. "Depositary Agreement" means the Depositary Agreement dated as of October 1, 1981, among the Municipality, the Borrower and American National Bank and Trust Company of Chicago, as depositary. "Mortgage" means the Mortgage and Security Agreement dated as of October 1, 1981, from the Borrower and another to the Purchaser attached as Exhibit B to the Bond Purchase Agreement. -2- "Municipality" means the City of Elgin, Kane and Cook Counties, Illinois and its successors and assigns. "Note" means the Promissory Note attached as Exhibit A to the Agreement whereby the Borrower promises to make install- ment payments on the Note in satisfaction of the Borrower's debt to the Municipality under the Agreement. "Ordinance" means this Ordinance. "Project" means the land, building, equipment and other facilities described in Exhibit B to the Agreement a portion of the costs of the acquisition and construction of which are to be reimbursed to the Borrower with moneys received under the Agreement. "Prime Rate" means the interest rate publicly announced as such by the American National Bank and Trust Company of Chicago from time to time. "Purchaser" means American National Bank and Trust Company of Chicago. AUTHORIZATION OF THE PROJECT Section 2. In order to promote the general welfare of the Municipality and its inhabitants by retaining existing levels of employment, eventual relieving of conditions of unemployment and encouraging the increase of industry, the Project is hereby authorized to be financed as described herein. The estimated cost of the Project in the amount of $900,000 will be provided by the issuance of the Bond hereinafter authorized and the loan of the proceeds thereof to the Borrower. It is hereby found and declared that the financing of the Project for the Borrower and its use thereof as referred to in the preamble of this Ordinance is necessary to accomplish the public purposes described in this Section, in the preamble hereto and in the Act. AUTHORIZATION AND PAYMENT OF BOND Section 3• For the purpose of financing a portion of the costs of the Project, there is hereby authorized to be issued by the Municipality its Economic Development Revenue Bond (Modern Track Machinery, Inc. Project) in the principal sum of $900,000. The Bond shall be issued in the form set forth in the Bond Purchase Agreement; shall be dated the date of delivery and payment therefor; and shall be issued as a single fully registered Bond. The Bond -3- shall bear interest on the unpaid principal to the respective installment due dates at the rate or rates per annum as set forth in the Bond payable on January 1, 1982 and on the first day of each month thereafter to and including December 1, 1996. The Bond shall mature as to principal in installments of $5,000 each, payable on January 1, 1982 and on the first day of each month thereafter to and including December 1, 1996. The Bond shall bear interest at such other rates, shall be subject to redemption prior to maturity, and shall be subject to such other terms and conditions as are set forth in the Bond Purchase Agreement and the Agreement. Principal and interest shall be payable at the principal office of the Purchaser in Chicago, Illinois. The Bond shall be signed by the.Mayor by his manual signature and attested by the manual signa- ture of the City Clerk of the Municipality, and the corporate seal of the Municipality shall be affixed thereto or imprinted thereon. BOND IS LIMITED OBLIGATION Section 4. The Bond, together with interest thereon, shall be a limited obligation of the Municipality secured by the Agreement and the Note and payable solely (except to the extent paid out of moneys attributable to the Bond proceeds or income from the temporary investment thereof) from the revenues and receipts derived from the Agreement and the Note and shall be secured as set forth in the Assignment, and shall be a valid claim of the owner thereof only against the funds, revenues and receipts derived from the Agreement and the Note and assigned to the Purchaser pursuant to the Assignment. The Bond shall also be secured by the Mortgage creating a mortgage lien on and security interest in the property described therein. The Bond and the obligation to pay interest thereon do not now and shall never constitute an indebted- ness or a loan of credit of the Municipality, the State of Illinois or any political subdivision thereof, or a charge against their general taxing powers, within the meaning of any constitutional or statutory provisions of the State of Illinois. ASSIGNMENT Section 5. As security for the due and punctual pay- ment of the principal of and interest on the Bond hereby authorized, the Municipality will, in the Assignment, assign and pledge to the Purchaser all revenues and receipts derived by the Municipality pursuant to the Agreement and the Note (except any payment made pursuant to Section 6.04 of the Agreement relating to indemnifi- cation and fees and expenses) and all rights and remedies of the Municipality under the Agreement to enforce payment thereof. -4- SALE OF THE BOND; LOAN OF SALE PROCEEDS Section 6. (a) The sale to the Purchaser of the Bond pursuant to the terms and conditions of the Bond Purchase Agree- ment is hereby approved by the City Council. (b) The loan of the proceeds of sale of the Bond to the Borrower and the execution by the Borrower of the Note pursuant to the Loan Agreement to evidence such loan is hereby approved by the City Council. (c) The deposit of the Bond proceeds pursuant to the Depositary Agreement is hereby approved by the City Council. EXECUTION OF DOCUMENTS Section 7. The Agreement, the Bond Purchase Agreement, the Depositary Agreement, the Assignment and the provision for indorsement of the Note in substantially the form in which the same have been presented to the City Council together with such changes thereto as shall be approved by the officers signing the same, such approval to be evidenced by their execution thereof, and which are now on file in the official records of the Munici- pality are hereby authorized and approved. The Mayor is hereby authorized and directed to execute the Agreement, the Bond Purchase Agreement, the Depositary Agree- ment, the Assignment and the indorsement of the Note for and on behalf of the Municipality, and the City Clerk is hereby authorized to attest the same and to affix thereto the corporate seal of the Municipality. PERFORMANCE PROVISIONS Section 8. The Mayor and the City Clerk for and on behalf of the Municipality be, and each of them hereby is, authorized and directed to do any and all things necessary to effect the per- formance of all obligations of the Municipality under and pursuant to this Ordinance, the making of the loan, the execution and delivery of the Bond and the performance of all other acts of whatever nature necessary to effect and carry out the authority conferred by this Ordinance. The Mayor and the City Clerk be, and they are hereby, further authorized and directed for and on behalf of the Municipality, to execute all papers, documents, certificates and other instruments that may be required to carry out the authority conferred by this Ordinance or to evidence said authority and to exercise and otherwise take all necessary action to the full realiza- tion of the rights, accomplishments and purposes of the Municipality -5- under the Agreement, the Bond Purchase Agreement and the Assign- ment and to discharge all of the obligations of the Municipality hereunder and thereunder. SEVERABILITY Section 9. If any section, paragraph, clause or pro- vision of this Ordinance shall be ruled by any court of competent jurisdiction to be invalid, the invalidity of such section, para- graph, clause or provision shall not affect any of the remaining provisions hereof. CAPTIONS Section 10. The captions or headings of this Ordinance are for convenience only and in no way define, limit or describe the scope or intent of any provision of this Ordinance. PROVISIONS IN CONFLICT REPEALED Section 11. All ordinances, resolutions, and orders, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed, and this Ordinance shall be made available to the public by the City Clerk, in appropriate form, upon request, at the office of the City Clerk, City Hall, Elgin, Illinois. This Ordinance shall be immediately effective; Presented at a regular meeting of the City Council of the City of Elgin, Kane and Cook Counties, Illinois held on the 9thday of December , 1981. This Ordinance passed this 9th day of December, 1981. APPROVED: s/ Richard L. Verbic Mayor ATTEST; s' Marie Yearman City Clerk (SEAL) Vote Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: 0 Recorded this day of Q 1981. Y VOLUME XLVI STATE OF ILLINOIS SS COUNTY OF KANE .. I, the undersigned City Clerk of the City of Elgin, Kane and Cook Counties, Illinois, in the county and state aforesaid, do hereby certify that the foregoing constitutes a true, correct and complete copy of an Ordinance duly and finally adopted by the governing body of said Municipality at a duly convened regular meeting held on December 9 , 1981. I do further certify that the deliberations of the governing body on the adoption of said Ordinance were taken openly; that said meeting was held at a specified time and place convenient to the public; that notice of said meeting was duly given; and that said meeting was called and held in strict accordance with the provisions of "AN ACT in relation to meetings ", approved July 11, 1957, as amended, and that said governing body has complied with all of the applicable provisions of said Act and its procedural rules in the adoption of said Ordinance. IN WITNESS WHEREOF, I have hereunto affixed my official signature and the corporate seal of said City this 9th day of December 1981, ® Q S/ Marie Yearman City Clerk (SEAL) -7- VOLUME XLVI 567 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Biggers Chevrolet $8,805.00 Acquisition of evidence van for Police Department. Lake Park Construction $9,097.54 Replacement of curb and gutter, Neighborhood Strategy Area. W.A. Rakow & Assoc. $3,500.00 Engineering re proposed Varsity Drive Bridge. Blitz Body Co. $4,944.07 Bus ##8077 Repairs. Jack Aiello 900 Lavoie $2,202.90 Residential Rebate Program Rosemary Moran 319 Perry $1,5n5— AL Resident '1 Rebate Program Luella Shatters 543 Raymond $1,837.61 Residentail Rebate Program Councilman Waters made a motion, seconded by Councilman Gilliam, to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. AUTHORIZ r corporation Councilman Waters made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENLI�ENT TO ANNEXATION AGREEMENT (Flender Corporation) WHEREAS, on August 18, 1980 the City of Elgin entered into an annexa- tion agreement with the owners of record of certain real estate described in Exhibit A which is attached hereto and made a part hereof by reference; and WHEREAS, the parties find it necessary and desirable to amend said annexation agreement; and WHEREAS, a public hearing has been conducted concerning the proposed amendment to the above described annexation agreement; and WHEREAS, all hearings required by law have been held concerning the subject matter of the proposed amendment to the annexation agreement; and WHEREAS, the City Council of the City of Elgin finds that the proposed amendment to the annexation agreement described above is in the best interest of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute a first amendment to annexation agreement heretofore made by and between the City'of Elgin and Flender Corporation, an Illinois corporation, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verb.ic RIEHard L. V3rbic, My-or Presented: - December 9-- 1981 Adapted; December , 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year0an Marie Yearman, City Cler ORDINANCE PASSED DESIGNATING YIELD INTERSECTIONS Councilman Gilliam made a motion, seconded by Councilman Hansen, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVI 569 Ordinance No. G59 -81 AN ORDINANCE DESIGNATING YIELD INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.28 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding to the list of designated yield intersections tinder Section 11.28.045 the following: Crestview Drive, eastbound, at Parkview Drive. Oakdale Drive, westbound, at Parkview Drive. Meadow Lane, eastbound and westbound, at Parkview Drive. Hillcrest Road, westbound, at Parkview Drive. 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 from and after its passage and publication in the manner provided by law. s' Richard L. Verbic Richara E. Ve-r6ic, yor Presented: December 9, 1981 Passed: December 9, 1981 Vote: Yeas 7 Nays p Recorded: Attest: �s�/Marie�Y aHman�}, Marie Yearman, City Cler ESOLUTION ADOPTED ACCEPTING THE PRO Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 570 VOLUME XLVI RESOLUTION ACCEPTING THE PROPOSAL OF BLACK $ VEATCH FOR SUPPLEMENTARY SERVICES FOR IMPROVEMENTS TO THE WEST SIDE WATER TREATMENT PLANT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute on behalf of the City of Elgin, acceptance of the written proposal of Black & Veatch for engineering services in connection with improvements to the west side water treatment plant, dated November 25, 1981, a copy of which is attached hereto and made a part hereof by reference. Presented: December 9, 1981 Adopted: December 9, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: ss// Marie Year an Marie earman, City Clerk s/ Richard L. Verbic Richard L. Verbic, Mayor URGING FUNDING Councilwoman Nelson made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. z VOLUME XLVI RESOLUTION URGING FUNDING BY THE REGIONAL TRANSPORTATION AUTHORITY OF MILWAUKEE ROAD COMMUTER SERVICE WHEREAS, the Northwest Suburban Mass Transit District represents the transportation interests of eleven member communities in the northwest suburban area including the City of Elgin; and WHEREAS, commuter rail transportation is an integral part of the District's transportation plan; and 571 WHEREAS, the Milwaukee Road Railroad provides commuter rail service to numerous communities in the District including the City of Elgin and to the greater metropolitan area; and WHEREAS, the Northern Suburban Mass Transit District has traditionally endorsed commuter rail service as a high regional priority; and WHEREAS, the City of Elgin concurs in said endorsement; and WHEREAS, the Regional Transportation Authority has not allocated and is arrears in funds to the Milwaukee Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the Regional Transportation Authority is hereby urged to reestablish full funding and payment of all funds due to the Milwaukee Road in order to continue full service at reasonable fares; BE IT FURTHER RESOLVED that the City of Elgin urges. the General Assembly to promptly take the necessary steps to meet the current financial crisis. S/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 9, -1981 Adopted December 9, 1981 Vote: Yeas 7 Nays 0 Recorded: Attest: y A l s/ Mari arMan Marie Barman, City Clerk RESOLUTION ADOPTED ACCEPTING LICENSE AGREEMENT FDR TEMPORARY CONSTRUCTION Councilman Gilliam made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 572 VOLUME XLVI RESOLUTION ACCEPTING LICENSE AGREEMENT FOR TEMPORARY CONSTRUCTION WHEREAS, the City of Elgin will be constructing an eight (8) inch lime residue transmission main, a portion of which will be constructed within the westerly limits of the Melrose Avenue right of way; and WHEREAS, the City Council of the City of Elgin has determined that it is advisable and necessary for and during construction of said portion of said transmission main to occupy and utilize the real property adjoin- ing said right of way and legally described as: The Easterly 25 feet of Lot 10 in Wing Park Manor, in the city of Elgin, Kane County, Illinois. !14 WHEREAS, said adjoining property is owned and controlled by School District U -46, a scnool district of the State of Illinois; and WHEREAS, School District has agreed to permit the City of Elgin to use the above described real property during construction of said portion of said transmission main by entering into the attached License Agreement for Temporary Construction which is heresy incorporated into this resolution: and WHEREAS, the City of Elgin is empowered to enter into agreements with other governmental bodies such as School District U -46 pursuant to the intergovernmental Cooperation Act, Ill. xev. Stat., 1979; Cn. 127, sec. 741 et seq. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That it is hereby determined that it is advisable and necessary that the City of Elgin enter into the attached License Agreement for Temporary Construction to permit the use of the above described real property by the City of Elgin for and during construction of a lime residue transmission main within the westerly limits of the Melrose Avenue right of way. Section 2. That the City Manager and the City Clerk be and are respec- tively authorized and directed to execute the attached License Agreement for Temporary Construction and do all things necessary and essential to carry out the provisions of the agreement. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: December 9, 1981 Adopted: December 9, 1981 Vote: Yeas 7 Nays 0 Recorded: Qtt}est: s! Marie arNan Marie Yearman, City Clerk VOLUME XLVI 573 REPORTS RECEIVED AND ORDERED PLACED ON FILE Cemetery Report for the month of November, 1981 Public Property & Recreation Board Minutes - 11/24/81 Water Department Report for the month of November, 1981 Building Permit Report for November, 1981 Councilman Gilliam made a motion, seconded by Councilman Hansen, to place the aforementioned reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilman Gilliam made a motion, seconded by Council- woman Nelson, to adjourn the meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 8:30 P.M. Marie Yearmd,4, City C eerrF VOLUME XLVI December 22, 1981 574 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on December 22, 1981, at 8:10 P.M., in the Council Chambers of City Hall. The meeting was called to order by Councilman Kirkland. The Invocation was given by Reverend.LeRoy R. Koepke of the Good Shepherd Lutheran Church„ and the Pledge of Allegiance was led by Councilman Gilliam. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Waters. Absent: Mayor Verbic. Also present: Nelson, Yearman, Blondin and members of staff. APPOINTMENT OF MAYOR PRO -TEM Councilman Gilliam made a motion, seconded by Councilman Schmidt to appoint Councilman Kirkland Mayor Pro Tem. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Waters. -Nays: None. MINUTES OF THE DECEMBER 9, ,1981 _ COUNCIL MEETING APPROVED AS PUBLISHED Councilman. Gilliam made a motion, seconded by Councilman Hansen, to approve "the December 9, 1981 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None.. COMMUNICATIONS Mr. William R. Werst, Jr., President, College Park- Mcl,ntosh Homeowners Association, stated, I believe you have before you a copy of the letter that I sent to you concerning. the K -Mart De- Annexation Agreement. At the July 22, 1981 Council Meeting you passed a resolution to rescind the annexation agreement for the K-Mart property, and l was just requesting by my letter to find out what is being done about it and when the ordinance would be passed. Mr. Nelson stated, January 13th it will be on the agenda. BID FOR LIME RESIDUE TRANSMISSION MAIN AND LAGOONS Councilwoman Nelson stated, it has been recommended that the City Council determine the second low bidder, Ryan Incorporated of Wisconsin to be the lowest responsible bidder and award the contract 575 VOLUME XLVI for Section I, in the total amount of $861,000.00 to them. Our recommendation includes a unit adjustment price for special excavation of $3.85 per cubic yard. Councilman Waters stated, I will second the motion for the Section I low bidder. Mayor Pro Tem Kirkland stated, we are talking about Section ► and the motion has been made to award it to Ryan Incorporated of Wisconsin and I would now ask for discussion of same. Attorney Rosser stated, I am an attorney practicing here in Elgin and l represent J.S. Riemer, Inc., Excavating Contractors. Mr. Riemer is the low bidder on this project having come in on a bid some $11,000 under that bid submitted by Mr. Ryan. Additionally the unit cost of $3.85 per cubic yard, extra material, was also beat by Mr. Riemer, his bid was $3.25 per cubic yard. Accordingly his bid continues to-be the lowest bid throughout the project. The question becomes, after having read Mr. Miller's report from the Department of Engineering, as to who then is the lowest responsible bidder. Pursuant to the law we give the bid to the lowest responsbile bidder. Mr. Riemer is obviously the lowest bidder, the question then becomes whether or not he is the lowest responsible bidder. Certainly if you have read the packet of materials that was given to you you will see that they do not question Mr. Riemer's ability to do the work, nor do they question his ability to do a quality job, but rather the recommendation not to accept Mr. Riemer's bid was based upon one prior job which Mr. Riemer did for the City of Elgin,:down on Willard Avenue, a number of years ago. In that particular job there were rather lengthly delays, all of which it is our contention, were problems not caused by the contractor, but those which were otherwise caused by the circumstances of the excavation of the project, the water table, the weather and those kinds of problems, not problems which were caused by Mr. Riemer. Mr. Riemer is present this evening and will discuss with you what was the problem with that job. Again the question is not his ability to do a quality job, nor is it his financial ability to go through with the work. Mr. Riemer's size of his company to do a $800,000 project has not been questioned by the Department of Engineering. So accordingly on one prior occasion we have a delay, and I believe that this should be explained to you as to why there was a delay because I think this is important. It has been explained to me and I understand that the completion of this particular project up for bid must be completed on time. We refer to you the materials I handed to you at the very beginning of the meeting, first the letter from Mr. Riemer explaining his side of why that one job fell into a delay situation. Additionally, and; most importantly, the second piece of material which I gave you comes from the City of DeKalb, where Mr. Riemer is completing a VOLUME XLVI 576 project with a value of over $700,000 on a storm sewer project which is quite similar to the lime residue situation, at least as far as engineering and things that need to be done by the contractor. The Department of Engineering report indicates that the City of DeKalb gave Mr. Riemer a bad recommendation. I suggest to you that their own letter that we gave to you this evening shows that DeKalb, in fact, has had a very good experience with Mr. Riemer, and that while this particular project was supposed to be finished in January of 1982, it will be finished in January of 1982, notwithstanding the fact that we had an eight to eleven week operating engineer's - strike, such that the date for completion on that project was pushed back to March of 1982, and it will be completed pursuant to their letter, as they indicate to you, it is expected to be completed in January. So the question becomes then whether or not Mr. Riemer is a responsible contractor to accept this bid and get this job done on time; The issue is not whether he has financial ability, but then where is the City Engineering Department coming from when they do not recommend this particular lowest bidder. His overall price is $11,000 cheaper and his per unit price there- after is still cheaper. Mr. Riemer is a local contractor, employes residents of this City. The second bidder Ryan as you know is not an Illinois Company, but is rather from Wisconsin., Mr. Riemer has been in business for himself for twelve years, that his family has been in the excavation business for over thirty five years, that they certainly have the fire power to do this job and deserve some consideration in accepting this bid. = 1 believe that most of the material has been presented to you, I think you should review Mr. Miller's report and we should go through it against what Mr. Riemer tells us relative to why that one project went overtime. Mayor Pro Tem Kirkland stated, two things, the DeKalb letter seems to point out a concern expressed during the course of construction with lapses of time and so forth, but as you explained part of that is due to the contractor's strike and apparently it is coming back to the same completion date as was the original goal. The only thing that I would say to this three page letter is that we need a couple of minutes to read it because we just got it. Councilman Gilliam stated, we have two reports from the same city with opposite statements, one report states DeKalb was not satisfied with them and the other states they could walk on water. 577 VOLUME XLVI Councilwoman Nelson stated, we have to have confidence in our people in work for the City and I would like to hear from Mr. Miller. Gary Miller stated, I could go on and talk for some time about the contents of our memo, we were very careful to document as well as we could from our records, from our field notes, previous correspondence. It is easy to say things but I found it very difficult to go back into our file a half a year later and try to pull out substantiating reports and memos, but I have a pile of :those:if. you want to get into all of that. I can tell you right now that we spent a great deal of time on that memo and it was reviewed by the Corporation Counsel before we .sent it out and if you have any specific questions I will try to answer them. I don't know if you want us to get into a complete summary of what happened on the Willard Avenue detention project. We have made extensive phone calls and we have tried to summarize all of our thoughts in this two and a half page memo. Mayor Pro Tem Kirkland stated, it appears also that you made some checks on Ryan Incorporated, which is the second lowest bidder that you are recommending. Mr. Miller stated, we do that on every project and we are quite.satisfied with the reputation and experience of Ryan. They have done many jobs here in the immediate area over the years. Councilman Schmidt stated, I see know reason why this should not be awarded to the low bidder. He is a local man, he has hired local people and he is saving the City $11,000, so I would therefore ask you to have the Clerk call the roll. Mayor Pro Tem stated, lets see if there are any more comments first. Councilman Waters stated, Gary, your memo indicates that the project was bid for forty -five calendar days and you indicate that in fact it took 409 days, and if I can understand the arguments that are being presented, the reasons for the delay that are being put forward are (1) the amount of participation and (2) 1 assume to be an accusation of a delay on the part of the staff to respond. Those are two causes which have been presented as reasons for the delay. First of all, do you ,accept those as reasons for delay and secondly are .they sufficient to warrant the amount of time between 45 days and 409 days. That seems excessive to me. Mr. Miller stated, we felt, and I have said this on numerous occasions, there is not any one party that is completely at fault on the Willard Avenue detention project. There was a disagreement between the City and the design consultant, Ev Scheflow, as to the validity of the plans, depth mark elevations, VOLUME XLVI 578 now that was a disagreement between the parties. On top of that we all know that the Willard Avenue area is a wet area, we did experience the rain and he could'nt get in there to do the work. On the other side of the coin there were periods when we felt and we tried to get Mr. Riemer there to do the work, when we thought it had dried out sufficiently to do the work and we did'nt see the response, and we heard that from DeKalb and Bloomingdale. There was a question in our mind as to whether or not the contractor should not have used a de- watering system to help dry out the wet conditions. We think he bid the project too low. We think he would have been coming back to us for an extra. The point is that even after that is all over and done with 409 days is excessive. We can document, and Roger Dahlstrom may want to say a few words because we were using Block Grant funds and there were wage sheets that had to be filled in to make sure that he was meeting all the requirements and we were having problems getting all of those forms. That is just one little thing, but it complicated the job and it dragged it out. I think when the final approval was made we accepted the work and we did'nt make the final payout until 30 days later because we were waiting for these documents and final waivers. I am not going to stand here and say it was all his fault or that it was all our fault, or the design engineer's. We think he could have done the job a lot quicker had he been a little bit better prepared to handle the situation that he encountered. Councilman Waters stated, I quess that is what I am asking. I am not asking for a designation of fault. Of the two arguments that are being presented, the question I have is whether they are sufficient to warrant the difference between 45 days and 409 days and if I understand your response you would assume not. Mr. Miller stated, right. Mr. Riemer stated, I think Mr. Miller should read my letter because maybe there was something he overlooked, but there was a point in there where it only took 84 days and I think there is a lot to conclude from that and it really answers a lot of the questions that the Councilman has raised. Roger Dahlstrom stated, rather than going into detail about Federal regulations or any of the required paperwork for this Willard Avenue detention project, basically it was our experience in our department and our primary function in this was as the project was started was simply to monitor it for compliance, which the contractor fully understood when he got into the project, because we did carry out a pre - construction conference, at which time we did explain all the regulations to him which he would have to abide by, and he did submit a certification to us that he would. A good example of his response to us in this particular facet of the project was for the week ending June 3, 1980, we received 579 VOLUME XLVI the necessary paperwork that we required for the Federal Government on November 21, 1980; and that was after a number of conversations on the telephone with our staff to Mr. Riemer''s bookkeeper, or whoever, indicating to him that.it was a - requirement that we had to follow and that we .needed this paperwork and we could not under- stand why we were not getting it. am not in a position to comment on the project itself, it was an engineering project, but perhaps this is an indication of what kind of response that we received. We have done about 20 or 30 of these types of projects and frankly .this was one of the poorest responses we got to a relatively simple piece of 'paperwork. Mr. Riemer stated, in my defense I talked to my bookkeeper and she told me there was some problems out there due to the fact with the weather and a lot of times we were not there because we could not work which again is all-spelled out in my letter. I do these reports on just about every job that has any Federal monies in it and I will admit there might have been a minor problem in this instance but it certainly should not disqualify me from doing this work. Personally I don't think that I am being t.reated fairly, think l am being treated very unjust in this matter because I am qualified to do the work, I am low bidder, and if I did'nt think that I was going to get the job I would not have worked on it to get it in the first place. This has never happened to me before and I am a qualified and responsible contractor. Mr. Nelson stated, I had an occasion to meet Mr. Scheflow today, i we had another meeting and to just verify what Gary reports in the first paragraph of the second page of his memo, Ev Scheflow was the design' engineer and he said to me today he supported the recommendation that we should not award to Mr. Riemer. The only other point I wanted to make was the Willard Avenue detention area was not critical in the sense that it had to be done at any certain time because something else depended upon it. This job has to be done in a very timely way because it has to do with the whole operation of our new water treatment plant. We cannot play with this one, this is important. Councilman Hansen stated, I have two questions of Mr. Riemer. Have you been disqualified before on any projects of this nature. Mr. Riemer stated, no sir never. Councilman Hansen stated, my next question would be, would you be willing to accept a: penalty clause for a late delivery. Mr. Riemer stated, l would be willing . There is a penalty in there of $220.00 per day, which I would be willing to accept to prove that I would do the job of $5,000 a day if l did not have this job done on time, and you can put it in the contract, that I would take a penalty of $5,000 per day if I do not have this job in operation in the time allowed. VOLUME XLVI 580 Mayor Pro Tem Kirkland stated, I am curious as to the Engineering Department's reaction to that type of clause, in terms of working with Mr. Riemer if he gets this job. Gary Miller stated, we can only reiterate,.we had a:bad experience, we confirmed that Mr. Riemer has been a .general contractor on 3 of 15 jobs that he referenced. Two of those three we have had some negative comments and they support the experience that we encountered. A $5,000 penalty a day, the point Js,we run the risk of not having that job done and we think that is important, that is why we made the recommendation. I would also go back and tell you that I talked with Ron Naylor twice today from the City of DeKalb and he told me that this project that is being completed in DeKalb right now is not a critical type project. There was not a major time .factor like we are experiencing here. I can also say that he indicated to me that there were gaps in.the work, the point is the work could have been completed in DeKalb much sooner and it would have saved the City of DeKalb, the in house time with their.peop.j;e,,so there is savings along those points. Councilman Gilliam stated, I hear sides from DeKalb, Mr. Riemer, and staff and I guess when you are in doubt you have to go with the people that work for you, that you have a certain amount of confidence in. They very seldom recommend low bidder and normally when they do there is a justified reason and for that reason I will support the staff recommendation. Councilman Waters stated, Jeff, I am sorry, I don't understand, you have indicated that your letter explained the 409 days, and I have read through it a number of times and 1 am trying to see where in here you give an explanation for the 409 days and I see the 86 days and I also see that there is a time frame of late fall to early spring when you could not do the planning -, but that is not 278 days. Mr. Riemer stated, the job started out and there was a delay because the EPA did not grant the City a permit to do the work, then we started the work-and if you will see in there about all the rains that we had, we had extremely excessive rains, and every time it rained we were completely flooded out, and even when it dried out we still had water because of the water, table. Councilman Hansen stated, I just have one question of our Assistant Corporation Counsel. What are the legal possibilities in the future. Assistant Corporation Blondin stated, well it is adiscretion with the Council which bidder is the lowest responsible bidder, basically a discretionary thing for the Council. In talking with Ery and in talking with Gary Miller I think our opinion is that based upon the information that we got from staff and from Black and Veatch, that there is sufficient evidence to grant it to the second lowest bidder, as the most responsible bidder, rather than the lowest one. It is a discretionary thing with the Council itself. am Councilman Kirkland stated, I am going to and I hope this is the right thing to do. Scheflow's strong involvement in this, in and whose word we are taking, ► think that abstain. So that is what I am going to do a majority vote one way or the other. VOLUME XLVI explain ahead of time, In light of Mr. Everett the controversy itself, am going to have to and I guess we will get Assistant Corporation Counsel Blondin stated, you will need a majority of those now in office to incur debt. Councilman Gilliam stated, when a person abstains or votes present does'nt that vote go to the majority. Attorney Blondin stated, I don't know, I would say no. I think it could count for a quorum, but I don't think it would count as an affirmative vote. Councilman Waters • stated, I would suggest that we go ahead and run the roll call and if the motion does not receive sufficient votes to incur the indebtedness, then we would table this issue until the January 13th meeting and ask Mike to try to obtain an extension of 30 days and if that is not possible we would have to call for a special meeting. Leo Nelson stated, this project has got to get underway. It is not just a matter of how long we can wait for the bids, we have to get moving on this project. E Gary Miller stated, the main concern has been the time factor and that is why we have made the recommendation that is before you right now. We have set a 210 day time frame for substantial completion to co.i;ncide with the other major waterworks improvements. Mayor Pro Tem Kirkland stated, I am going to add one other point so that it is clear, I just feel the need to. Everett Scheflow is the brother of my senior law partner and his opinion is a strong part of the staff's recommendation so I feel it is necessary to abstain. Please call the roll. Yeas: Councilmen Gilliam, Nelson and Waters. Nays: Councilmen Hansen and Schmidt. Abstain: Mayor Pro Tem Kirkland. Attorney Blondin stated, I believe that an abstention would go with the majority. If you would want I could take a quick look and then get back to you by the end of the Council Meeting, but believe it would go with the majority of votes. Councilman Gilliam stated, we have a rather long agenda and would like the Corporation Counsel do that, because if not we would either have to continue the meeting on another date or just wait until the 13th, and I think we should try to get an answer tonight if we can. Attorney Blondin stated, basically this ordiance requires a concurrence of a majority. There are no Illinois cases on point and there is no Illinois Statute on point. VOLUME XLVI 582 Various out of state cases and an Illinois Law Review article suggest that where a mere concurrence is required and one person abstains, that abstention would go with the majority to make the required vote. Again, there is no Illinois case or Statute directly on point. What I would recommend is merely that we. accept this as a 3 -2 vote now, let me and Ery take a look at it. Councilman Gilliam stated, I would make a motion that we award Section 2 of this contract.to the low bidder, Gluth Bros. Councilman Hansen seconded said motion. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. BID AWARDED FOR TREE STUMP REMOVAL Councilman Waters made a motion, seconded by Councilman Gilliam to award the bid to the low bidder, G.R. Fowler Tree Surgery, for a not to exceed price of $2,000.00. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. BID AWARDED FOR SAFETY LADDERS FOR WATER TANKS Councilman Gilliam made a motion, seconded by Councilman Hansen to award the bid to the low bidder, Denney and Company for $2,221.00. Yeas: Councilmen Gilliam, Hansen; Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. BIDS AWARDED FOR NEIGHBORHOOD HOUSING SERVICE OFFICE REHABILITATION Councilwoman Nelson made a motion, seconded by Councilman Schmidt to award the bid for various electrical improvements to Hines Electric for $1675.008 the bid for various plumbing improvements to Moreno Plumbing & Heating for $900.00; and.the bid for carpeting to Tidy Carpets & Rugs for $2,390..62. Yeas: Council- men Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. ORDINANCE PASSED ADOPTING THE 1982 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE Councilman Gilliam made a motion, seconded by Councilwoman Nelson to pass the aforementioned ordinance. Councilman Hansen stated, I am going to be voting no on this ordinance for the following reasons. Last September our City Council levied a $6,862;000,tax on our citizens and taxpayers, which resulted in a tax rate of $1.63 per $100.00 assessed valuation. This is a substantial increase from the estimated rate of $1.49 for 1980. At the time that levy was passed we heard a lot of talk from certain parts of the Council about setting the rate high now and reducing it later during budget talks. 1 made an honest 583 VOLUME XLVI sincere effort to do that, it did'nt happen. I think what we have seen here is a situation where we have not had enough Council imput into the budget - process. We can have a staff fit a budget to any level of tax set and I pledge myself to next summer hopefully change our imput process to this budget procedure by getting initial Council imput into it. Councilman Schmidt stated, I am also going to vote no simply because I feel there are other areas where this budget could have been cut and it was not brought forward. Councilman Gilliam stated, I feel the budget is responsible, I feel it was prepared under our direction, I think it was a majority of the Council. 1 can respect those that disagree, but I still feel it is a very responsible budget. It is a bare bones budget, we eliminated anywhere from 8 to 12 full - time positions. I believe the tax rate is going to come in under or around $1.53 or $1.54. 1 realize that part of that will be due to assessed evaluation, but I think that when you compare the City of Elgin with other communities, I think we are well run, the budget does demonstrate that, the tax rate demonstrates that. There have been accusations that we are over - spending, there have been accusations going back to 1971. Every figure that has been used, has been brought up, has been responded to by staff in a very positive fashion and I think that the figures that have been thrown out have been refuted and have been proven to be not qualified or boni fides figures and they have been to me destroyed, and for that reason I will support this budget. Mayor Pro Tem Kirkland stated, I would only add that I agree with Councilman Gilliam, I think the staff did follow what the majority directed and that bothi",the staff and the Council refuted "sufficiently the arguments for slashing the budget as much as other members of the Council wanted to. Councilman Waters s.tat:ed, I would just simply add that again it seems as though we are speaking to the press and not to each other and I think that if that is the situation we should remind` -the press that a half of million dollars was cut from the original projection of what was needed for 1982 by this Council. intend to vote for it, we have worked very diligently in the study of this budget, have spent the time in asking questions of the staff and I think it is a responsible budget and I think the staff should be commended for the diligent effort that they made in putting the budget together. Councilman: Schmidt stated, I would like to make one comment. My vote would still be no if the press was here or not. Being a businessman I look at it a little differently. Mayor Pro Tem Kirkland requested the roll call. Yeas: Councilmen Gilliam, Nelson, Waters and Mayor Pro Tem Kirkland. Nays: Councilmen Hansen and Schmidt. Ordinance No, TIS -81 AN ORDINANCE ADOPTING THE 1982 BUDGET IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE WHEREAS, the City Council of the City of Elgin has provided for the preparation and adoption of an annual budget in lieu of passage of an appropration ordinance for the fiscal year 1982; and WHEREAS, a tentative annual budget has been prepared, notice given and a tentative annual budget made available for inspection for at least ten days; and WHEREAS, the City Council of the City of Elgin, Illinois, has con- ducted a public hearing on the tentative annual budget; and WHEREAS, the City Council of the City of Elgin, Illinois, has examined said annual budget and has heard all persons appearing and desiring to be heard concerning said annual budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS; Section 1. That the tentative annual budget heretofore prepared by the budget director and placed on file as required by the statutes of the State of Illinois is hereby adopted in lieu of the passage of an appropria- tion ordinance for fiscal year 1982 with the following amendments: Proposed Amended Increase GENERAL FUND Budget Budget (Decrease) Means of Financing; 6692 Transfer from Revenue - Sharing $ 408,260 :.$ 4324260 $'. 24,000 Expenditures: 020 Finance Department 700 Salaries and Wages $ 399,215 $ 395,715 $( 3,500) 7051 Pension Contribu- tions - IMRF 49,065 48,615 ( 450) 030 Department of Buildings 980 Major Repairs 51,.850 28,000 ( 23,850) 990 New Construction 1,200 24,945 23,745 050 Police Department 960 Capital Replacements 75,860 81,335 5,475 190 Non - Departmental 800 Professional Services 7,500 31,500 24,000 95S1 Contingencies -- Working Cash Requirement 1,309,975 1,308,555 ( 1,420) $1,894,665 $1,918,665 $ 24,000 585 FEDERAL REVENUE SPEARING FUND Revenues: 523 Federal Grant - Revenue Sharing Expenditures: 9191 Transfer to General Fund 955 Contingencies Proposed Amended Bud et Budget L 657,350 $ 768,985 VOLUME XLVI Increase (Decrease) $ 111,635 $ 408,260 $ 432,260 $ 24,000 16,625 104,260 87,635 $ 424,885 $ S36,520 $ 111,635 Section 2. That the budget director is hereby authorized and directed to cause to be prepared and published the 1982 annual budget with the afore- mentioned amendments. Section 3. That this ordinance shall be in full force and effect from and after January 1, 1982. s/ James M. Kirkland James del: -Kirkland; Mayor Pro Tem Presented: December 22, 1981 Passed: December 22, 1981 Voter Yeas 4 Nays 2 Recorded: Published: Attest: s/ Marie Yea in rie Yearman, City Clerk TITION 28 -81 TO AMEND SECTION 19.50.070 Jerry Deering representing the Community Development Department stated, thi -s proposed zoning ordinance text amendment will provide for the construction of a non- sol'Pd type,security'fence to a maximum height of ten feet for properties located within a business or manufacturing district. E VOLUME XLVI 586 The purpose of the proposed amendment is to provide business and manufacturing properties with additional security where the need can be documented. The property owner would have to file a petition for variation and then subsequent to public notice and a public hearing, the Zoning and Subdivision Hearing Examiner could either approve or deny the request for variation for security fence. Both the Community Development Department and the Planning Committee have recommended the approval of Petition 28 -81. Councilman Gilliam made a motion, seconded by Councilman Schmidt to approve Petition 28 -81. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays; None. Councilman Gilliam made a` motion, seconded by Councilwoman Nelson to approve Petition 29 -81. Jerry Deering stated, this proposed text amendment would permit the construction of a six foot solid privacy fence within the designated rear yard of a residential through lot. Both the Department and the Planning Committee have recommended approval of this Petition. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. ` ORDINANCE PASSED PROVIDING FOR HOURS OF SALE OF ALCOHOLIC LIQUORS Councilman Gilliam stated, I brought this up last week and I don't think 1 was fully understood, or maybe I did not make myself clear. I agree with the 5:00 A.M., but I don't think the doors should be locked. I think they should be left open and I think at that time asked the Fire Chief his feeling and I believe it was that to - lock the doors he did not feel very comfortable with that, looking people in. It is my recommendation that we keep it to 5:00 A.M., and then let people go and come without locking the doors. That would be my only change Councilman Waters made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Councilman Gilliam made a motion to amend the ordinance to allow the doors to remain open until 5 :00 A.M. Councilwoman Nelson seconded said motion. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. Mayor Pro Tem Kirkland called for a roll call on the ordinance as amended. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. 587 VOLUME XLVI Ordinance "No. G60 -81 AN ORDINANCE PROVIDING FOR HOURS OF SALE OF ALCOHOLIC LIQUORS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Paragraph B of Section 6.06.150 of Chapter 6.06 of the Elgin Municipal Code, 1376, as amended, be and is hereby amended by substituting the words "five a.m." for the words "three a.m." wherever they appear in said paragraph, and by deleting therefrom the words "to persons who were actually on the premises as of the normal closing hour, for such date, as hereinabove provided." Section 2;' That this ordinance shall be in`full force and effect upon publication in pamphlet form by authority of the City Council. sj' James `M. Kirkland James M. Kirkland, " yor ro -Tem Presented: December 22 -1381 Passed December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea Marie earman, City Clerk RESOLUTION ADOPTED PLACING BUILDING CODE REGULATIONS ON FILE Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen'Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. t VOLUME XLVI RESOLUTION PIACING BUILDING CODE REGULATIONS ON FILE .. WHEREAS, the City of Elgin is considering adopting by reference the B.O.C.A. Basic Building Code /1981; S.B.O.C; Residential Building; Code /1977; Illinois State Plumbing Code /1976 and the Fire Protection Code /1976 as the building regulations for the City of Elgin; and WHEREAS, these rules and regulations have been published by the Build- ing Officials and Code Administrators International, Inc.,Homewood, Illinois, Suburban Building Official Conference, Geneva, Illinois, Illinois Department of Public Health, Springfield, Illinois and American Insurance Association, New York, New York', respectively; and WHEREAS, Chapter 24, Section 1 -3 -2 of the Illinois Revised Statutes -, 1979, authorizes any municipality to adopt by reference the provisions of any regulations or public records provided that three copies of such regula- tions or public records are filed with the City Clerk for a period of thirty days prior to adoption of an ordinance which incorporates such-regulations or public records by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF .. ELGIN,- ILLINOIS', that three copies of the B.O.C.A. Basic Building Code/ 1981; S.B.O.C. Residential Building Code /1977; Illinois State Plumbing Code /1976 and the Fire Protection Code /1976 be and are hereby directed to be placed on file in the office of the City Clerk for public inspection and examination for a period of thirty days. Presented:. December 22, 1981 Adopted: December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: tAttest: s/ Marc r iY eal�man Marie Yearman, City Clerk s/ James M. Kirkland Ames .. 71FR7 a ayor Pro lem ADOPTED Councilwoman Nelson made a motion, seconded by to adopt the aforementioned resolution. Yeas: Hansen, Nelson, Schmidt, Waters and Mayor Pro None. ION Councilman Hansen Councilmen Gilliam, Tem Kirkland. Nays: ME VOLUME XLV1 RESOLUTION AUTHORIZING EXECUTION OF AN'AGREEMENT WITH KANE COUNTY FOR SNOW AND ICE CONTROL ON BIG TIMBER MAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, be and is hereby authorized and directed to execute an agreement with Kane County for snow and ice control on Big Timber Road, a copy of which is attached hereto and made a part hereof by reference. s/ James M. Kirkland ,, _ Presented December 22, 1981 Adopted:`- December 22, 1981 Vote. Yeas 6 Nays 0 Recorded:' Attest: s / Marie tajnan' Marie Yearman, City -Cler TiON ADOPTED A S, a For Councilman Hansen made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen,Nelsan,.:Sq,h[uidt, Waters and Mayor Pro Tem Kirkland. 'Nays: None. VOLUME XLVI RESOLUTION'. AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION CResurfacing a Portion of Illinois Route 25) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are. hereby authorized and directed to execute an agreement with the State of Illinois, Department of Transportation, for the resurfacing of a portion of Illinois Route 25, a, copy of which is attached hereto and made a -part hereof by reference. s:/ James M. Kirkland mes e<a ,i'rk1 "ancf,:. "Mayor ro em Presented: December 22, 1981 Adopted: December 22, 1981 Vote: Yeas 6 Nays 0 Recorded. Attest: s/ Marie Yearr#an rie Yearman, City Clerk 590 Councilman Gilliam made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None- 591 RESOLUTION AUTf- DRIZING EXECUTION OF A LEASE FOR PREMISES AT 326 EAST CHICAGO STREET, ELGIN, ILLINOIS VOLUME XLVI BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute a written lease with the Neighborhood Housing Services of Elgin, Inc. for the premises commonly known as 326 East Chicago Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. sf James M. Kirkland `James M. Kirkland,-Mayor Pro Tem Presented: December 22, 1981 Adopted: December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: ld� s/ Marie Yea�man rie Yearman, City Clerk Councilwoman Nelson made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland,. Nays: None. r RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH. NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. FOR OPERATION OF A SYSTEMATIC CODE INSPECTION PROGRAM WHEREAS, concerted effort has been made: over the last several months by leaders and representatives from the city, the financial and banking community and various citizen neighborhood organizations to establish 'a program to upgrade the existing housing stock under the aegis of a neigh- borhood housing services program; and 1. WHEREAS, the establishment and carrying out of a sensitive and flexible systematic housing inspection program is made mandatory by Federal regula- tions for the establishment.of the neighborhood housing services program; and WHEREAS, the various representatives and participants have identified a specific geographic area of the city to be included within a neighborhood housing services program which is in need of neighborhood preservation and stabilization, as described in the Neighborhood Housing Service Site Selec- tion Committee Final Report; and WHEREAS, within the neighborhood housing services area the intent of the BOCA Basic Property Maintenance Code shall be construed liberally and justly to insure public health, safety, and welfare insofar as they are affected by the maintenance of structures and premises for the rehabilita- tion of existing buildings, the city may vary or modify, in whole or in part, the application of any provision of this code where compliance With such provision creates practical difficulty or undue financial hardship, such variance or modification shall be consistent with the purpose of this code which is to achieve acceptable levels of safety, and to promote the conservation, rehabilitation, and reuse of the existing housing stock; and WHEREAS, the Neighborhood Housing Services Program Opel ations Committee prepared a proposed systematic code inspection program, which describes the purpose, issues, concerns, policies, organization, and procedures of such a program and recommends the creation.of a Property Maintenance Board of Appeals to interpret the intent of and provide for variances from the BOCA Basic Property Maintenance Code; and WHEREAS, these recommendations have been presented, reviewed and adopted by Corporate Members of Neighborhood Housing Services; and WHEREAS,. Federal regulations require the execution of an agreement between the City of Elgin and the Neighborhood Housing Services Corporation for implementation of the Systematic Code Inspection Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute, on behalf of the City of Elgin, an agreement with Neighborhood Housing Services of Elgin, Inc., a copy of which is attached hereto and made a part hereof by reference. s/ James M. Kirkland 7J'ames ' J r an; - ayor ro m z 593 VOLUME XLVI Presented: December 22, 1981 Adopted: December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: SMarie Yea man Marie Yearman, City ler ORDINANCE PASSED ABATING THE ANNUAL T Councilwoman Nelson made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro ?em Kirkland. Nays, None. VOLUME XLVI Ordinance No. T8 -81 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1981 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1975 594 WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S5 - -75, An Ordinance Providing for Borrowing' Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois, to the Amount. of $3,300,000.00 for Paying the Cost of Constructing Public Improvements in said City, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal and Interest. of Said Bonds; and WHEREAS, the levy of the tax for the year 1981 provided in the ordi- nance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OR THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $139;300 for the year , 1981 as provided and levied in the ordinance providing for the issuance of $3,300,000 General Obligation Corporate Purpose Bonds, Series 1975, passed June 11 1975, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1981. Section 3. That this ordinance shall he in full force and effect from and after its passage in the manner provided by law. s/ James M. Kirkland James M. K�ci r .a-n` ., Mayor Pro Tem Presented: December .22, 1981 Passed: December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: iAttest: ��-((�� s/ Marie a1`man Marie earman, City Clerk ANCE PASSED ABATING A PORTION OF Councilman Gilliam made a motion, seconded -by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. 595 VOLUME XLVI Ordinance No. T9 -81 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 1981 FOR CORPORATE PURPOSE BONDS,. SERIES 1976 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance S4 -76, An Ordinance Providing for Borrowing Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois; to the Amount of $3,075,000 for Paying the Cost of Con- structing Public Improvements in said City, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal and Interest of said Bonds; and WHEREAS, the total of the levy of the tax for the year 1981 provided in the ordinance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section l That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate a portion of the tax of $331;750 for the year 1981 as provided and levied in the ordinance providing for the issuance of $3,075,000 Corporate Purpose Bonds, Series 1976,.: passed April 28, -1976, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $121,775 and extending a tax for the year 1981 in the amount of $209,975 against all taxable property situated in the City of Elgin, Kane and Cook Counties, Illinois; Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties„ Illinois; prior to December 31, 1981. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ James M. Kirkland Pro Tem Presented: December 22, 1981 Passed: December 22, 1981 Voter Yeas 6 Nays 0 Recorded: Published: Attest* s/ Marie Y agman Marie Yearman, City Clerk ORDINANCE PASSED ABATING THE ANNUAL TAX FOR l( Councilwoman Nelson made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays:None. VOLUME XLVI Ordinance No. T10 -81 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1981 FOR GENERAL OBLIGATION URBAN REHABILITATION BONDS WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance T- 1189, An Ordinance Providing for Borrowing Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois, to the amount of $1,300,000 for Paying the Cost of Acquisition of Real Property Necessary and Appropriate for the Rehabilitation and Redevelopment of Blighted Areas in the City, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal and Interest of the Bonds; and WHEREAS, the levy of the tax for the year 1981 provided in the ordi- nance is unnecessary. NOW, THEREFORE', BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $103,100 for.the year 1981 as provided and levied in the ordinance providing for the issuance of $10300,000 General Obligation Urban Rehabilitation Bonds, passed December S, 1963, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1981. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ James M. Kirkland Presented.: December 22, 1981 Passed: December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: . �v`e✓�" c�.a1d� s/ Marie Yea an Marie Yearman, City Cler ORDINANCE PASSED ABATING THE 596 Councilman Waters made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. 597 VOLUME XLVI Ordinance No. Tll -81 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1981 FOR GENERAL OBLIGATION WATER BONDS, SERIES 1980 WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S1 -80 An Ordinance Providing for Borrowing Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois, to the Amount of $18,900,000 for Paying the Cost of Constructing Public Improvements in said City, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal and Interest of Said Bonds and WHEREAS, the levy of the tax for the year 1981 provided in the ordi- nance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL: OF THE CITY OF ELGIN, ILLINOIS': Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $1;615,500 for the year 1981 as provided and levied in the ordinance providing for the issuance of $18,900,000 General Obligation Water Bonds', Series 1980, passed January 28, 1980, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1981. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ James M. Kirkland James Nf.. Urkcland, :Mayor Pro Tem Presented: December 22, 1981 Passed: December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Ye rman Marie Yearman, City Clerk ORDINANCE PASSED ABA' Councilman Waters made a motion, seconded by to pass the aforementioned ordinance. Yeas: Hansen, Nelson, Schmidt, Waters and Mayor Pro None. 1981 Councilman Schmidt Councilmen Gilliam, Tem Kirkland. Nays: VOLUME XLVI Ordinance No. T12 -81 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1981 FOR GENERAL OBLIGATION MUNICIPAL BUILDING BONDS WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance T -1190, An Ordinance Providing for Borrowing Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois, to the amount of $1,200,000 for Paying the Cost of Constructing, a New Municipal Building in the City, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal and Interest of the Bonds; and WHEREAS, the levy of the tax for the year 1981 provided in the ordi- nance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $103,100 for the year 1981 as provided and levied in the ordinance providing for the issuance of $1,200,000 General Obligation Municipal Building Bonds passed December 5, 1963, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1981. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law.: s/ James M. Kirkland James 'M " '- 1'an'd'y,0Mayor Pro Tem Presented: December 22, 1981 Passed: December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ MarYear e (I A an rie Yearman, City Clerk ORDINANCE PASSED ABATING THE ANNUAL TAX FOR 1981 FOR GENERAL OBLIGATION PARKING BONDS" SERIES 9 OA Councilwoman Nelson made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Gilliam Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. .. . 599 VOLUME XLVI Ordinance No. T13 -81 r,. AN ORDINANCE ABATING THE ANNUAL TAX FOR 1981 FOR GENERAL OBLIGATION` PARKING BONDS, SERIES 1980A WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance S12 -80, An Ordinance Providing for Borrow- ing Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois, to the Amount of $2,600,000 for Paying the Cost of Constructing Public Improvements in the City, and Providing for the Leary and Collection of a Direct Annual Tax for the Payment of the Principal and Interest of the Bonds; and WHEREAS; the levy of the tax for the year 1981 provided in the ordi- nance is unnecessary. NOW, THEREFORE, BE IT ORDAINED BY THE-CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1, That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $217,625 for the year 1981 as provided and levied in the ordinance providing for the issuance of $2,600,000 General Obligation Parking Bonds, Series 1980A,, passed October 22, 1980, a copy of which was filed with each of said county clerks. Section 2. That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1981. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. a s/ James M. Kirkland : gmers. M. 9tt 9 `t a °` ,, ayor ro em Presented: December 22, 1981 Passed:, December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Published:- Attest: s/ Marie Yeaan Marie Yearman, . > ty Clerk ORDINANCE PASSED ABATING THE ANNUAL TA -X FOR 1981 FOR RECREATION CENTER BONDS Councilman Gilliam made a motion; seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. VOLUh£ XLVI .m Ordinance No. T14 -81 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1981 FOR RECREATION CENTER BONDS WHEREAS, the City of Elgin will have sufficient funds on hand to pay the tax levied by Ordinance T -1278, An Ordinance Providing for the Borrow- ing Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois„ in the Amount of $550,000.D0 for the Purpose of Paying the Cost of Equipping Certain Land Heretofore Dedicated and Set Apart for Use as a Recreation Center by Necessary Grading, Draining, Planting and Landscaping and Including Constructing thereon a Golf Course, Shelter House, Parking Area and Other Appurtenant Improvements, and Providing for the Levy and Collection of a Direct Annual Tax for the Payment of the Principal and Interest of Said Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the County Clerks of Kane and Cook Counties, are hereby authorized and directed to abate the tax of $57,100 for the year 1981 as provided and levied in the ordinance providing for the issuance of $550,000.00 Recreation Center Bonds, passed December 13, 1967, a copy of which was filed with each of said county clerks. Section 2, That the City Clerk is authorized and directed to file a certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1981. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ James M. Kirkland Jane's :Tri. tlr ',arr Mayor Pro Tem Presented: December 22, 1981 Passed: December 22, 1981 Vote: fXeas 6 Nays 0 Recorded: Published: $Attest: s/ Marie Yeurma� n- rae Yearman, City Clerk CE PASSED AMEND Councilman Waters made a motion, seconded by to pass the aforementioned ordinance. Yeas: Hansen, Nelson, Schmidt, Waters and Mayor Pro None. IN MUNICIPAL Councilman Hansen Councilmen Gilliam, Tem Kirkland. Nays: 601 VOLUME XLV1 Ordinance No. G61 -81 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE BY ADDING TO THE LIST OF STOP INTERSECTIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:- Section is That Title 11, Chapter 11.28 of the Elgin Municipal Code, 1976, - as amended, is hereby amended by adding to the list of stop inter - sections under Section 11.28.020 the following: Fairwood Court. All vehicles being operated on Fairwood Court must stop at Fairwood Drive before crossing or entering same. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. That this ordinance shall be in full force and effect ten days after its passage and publication in pamphlet form by authority of the City Council. Presented: December 22, 1981- Passed December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Published: /Attest: s/ Marie Yea man rie Yearman, City Clerk 3T.�il s/ James M. Kirkland es _Kit , an, ., ayor Pro Tem IZING A SUPPLEMENTAL - Councilman Gilliam made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. VOLUME XLVI 602 RESOLUTION AUTHORIZING A SUPPLEMENTAL AGREEMENT WITH TEE TOWNSHIP OF ELGIN, COUNTY OF KANE AND DEPARTMENT OF TRANSPORTATION, STATE OF ILLINOIS WHEREAS; the City of Elgin, Township of Elgin, County of Kane, and Department of Transportation,.State of Illinois, have heretofore entered into a written agreement dated December 1, 1977 for the con- struction of certain drainage improvements; and WHEREAS, it is necessary and desirable to extend the time for completion of said improvement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute Supplemental Agreement Number Four on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ James M. Kirkland ame, , - , h. , a . , ayor ro em Presented: December 22, 1981 Adopted: December 22, 1981 Vote, Yeas 6 Nays 0 Recorded: �Attest: V��c�LJwz.� � ` s/ Marie Yea an rie Yearman, City Clerk RESOLUTION. ADOPTED AUTHORIZING FIRE PRO Councilman Hansen made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. 603 VOLUME XLVI RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREBIENT ° ~` (The Fraternal Order of Eagles) WHEREAS, The Fraternal Order of Eagles, a nonprofit corporation is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said Fraternal Order of Eagles has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo:Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute the attached agreement on behalf of the City of Elgin, with The Fraternal Order of Eagles for.fire protection service. s/ James M. Kirkland amts rr an ,; <:ayor ro em Presented: December 22, 1981 Adopted: December 22, 1981 Vote: Yeas 6 Nays 0 Recorded- Attest: � � s/ Mari e Y a�& m� Marie Yearman, City Clerk OLUT FIRE Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem.Kirkland. Nays: None. VOLUME XLVI 604 RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT (Collingbourne Property) WHEREAS,, The Agnes B. Collingbourne Trust is the owner of certain property located outside the corporate limits of the City of Elgin; and" WHEREAS; said trustee has requested the City of Elgin to furnish fire protection services for said property on the terms set forth on the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie:Yearman, City Clerk, be and are hereby respectively authorized and directed to execute. an agreement on behalf of the City of Elgin, with the Agnes B. Collingbourne Trust, for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s/ James M. Kirkland - mes M-. Ki'rkhand;`Mayor Pro Tem Presented:- December 22, 1981 Adopted: December 22, 1981 Vote. Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yez*ma rae Yearman, City Cler RESOLUTION: ADOPTED AUTHORIZING A FIRE PROTECTION AGREEMENT WITH DESOTO, INC. Councilman Gilliam made a motion,"seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. 605 RESOLUTION AUTHORIZING A FIRE PRO'T'ECTION AGREEMENT WITH DESOTO, INC. VOLUME XLVI WHEREAS, the Desoto, Inc., a- corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said company has requested the City of Elgin to furnish fire protection services for said property upon certain terms and condi- tions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson., City Manager, - and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin, with the Desoto, Inc., for fire protection service, a copy of which is attached hereto and made -a part hereof by reference: s/ James M. Kirkland 15 a es' ,rc ida n ;,:. M ayo-77-77—em Presented: December 22, 1981 Adopted: December 22, 1981 Voter Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A FIRE PROTECTION AGREEMENT WITH SHAKEPROOF DIVISION ILLINOIS TOOL WORKS, INC. Councilman Schmidt made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. VOLUME XLVI RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT WITH SHAKEPROOF DIVISION, ILLINOIS TOOL WORKS, INC. 606 WHEREAS, the Shakeproof Division, Illinois Tool Works, Inc., a corpora - tion, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said company has requested the City of Elgin to furnish fire protection services for said property upon certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin, with the Shakeproof Division, . Illinois Tool Works, Inc., for fire protection service, a copy of which is attached hereto and made a part hereof by reference. Presented: December 22, 1981 Adopted: December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: cx s/ Marie Year n Marie Yearman, City Clerk s/ James M. Kirkland Dallies -M. 1C's'r4z,1'an' 'Mayor Pro Tem PROTECTION Councilman Gilliam made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas; Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland_ Nays: None. 607 RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT WITH LEEWARDS CREATIVE CRAFTS, INC. VOLUME XLVI WHEREAS, LeeWards Creative Crafts, Inc., a corporation, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said company has requested the City of Elgin to furnish fire protection services for said property upon certain terms and condi- tions. NOW, THEREFORE, BE IT RESOLVER BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin, with LeeWards Creative Crafts, Inc. for fire protection service, a copy of which is attached hereto and made a part hereof by reference. s /James M. Kirkland James M.'- 01rk4an'd=; Mayor Pro Tem Presented: December 22, 1981 Adopted: December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie earman, City Clerk y RESOLUTION ADOPTED AUTHORIZING A FIRE PROTECTION AGREEMENT WITH BRADY READY MIX COMPANY Councilman Schmidt made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. G\ VOLUME XLVI RESOLUTION AUTHORIZING A FIRE PROTECTION AGRE04NT WITH BRADY READY MIX COMPRtf WHEREAS, the Brady Ready Mix Company, a corporation,, is the owner of certain property located outside the corporate limits of the City of Elgin; and WHEREAS, said company has requested the City of Elgin to furnish fire protection services for said property upon certain terms and condi- tions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute an agreement on behalf of the City of Elgin, with the Brady Ready Mix Company, for fire protection service, a copy of which is attached hereto and made a part hereof by reference.. s/ James M. Kirkland �trie5 M. "'Ii °nand',` "Mayor Pro Tem Presented: December 22, 1981 Adopted: December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: ,VAAtt��est: V( s! Mare4,ee ariiar, Marne Yearman, City Clerk .0: Councilwoman Nelson made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nayso None. 609 VOLUME XLVI RESOLUTION AUTHORIZING A PIPE LINE AGREEMENT WITH THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY WHEREAS, the -City of Elgin desires to cause the construction of a pipe line for the purpose of a storm culvert to be located in part upon property owned by the Chicago, Milwaukee, St. Paul and Pacific Railroad Company; and WHEREAS, the Chicago, Milwaukee, St. Paul and Pacific Railroad Company is willing to grant to the City of Elgin a license for such purposes upon certain conditions; and WHEREAS, it is in the best.interest of the City of Elgin to enter into the proposed agreement for a; license. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute a pipe line agreement with the Chicago, Milwaukee, St. Paul and Pacific Railroad Company,: a copy of which is attached hereto and made a part hereof by reference, for the purposes therein stated. S/ James M. Kirkland ames: fit.. li'r `l,a ;;,:Mayor Pro Tem Presented: December 22, 1981 Adapted: December 22, 1981 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea man rie Yearman, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Lucy Frenk and Lois Schmidt 228 -230 Robert Drive $2,214.21 Residential Program." , l ". Rehabilitation Councilman Gilliam made a motion, seconded by Councilman Hansen to approve the aforementioned payment. Yeas: Councilmen Gilliam; Hansen, Nelson, Waters and Mayor Pro Tem Kirkland. Nay: None Abstain: Councilman Schmidt. Y :S VOLUME XLVI 610 MOTION TO CHANGE THE CITY OF ELGIN CHECKING ACCOUNT FROM THE UNION NATIONAL BANK TO THE FIRST NATIONAL BANK OF ELGIN Councilman Hansen made a motion, seconded by Councilman Schmidt to change the City of Elgin checking account from the Union National Bank to the First National Bank of Elgin. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for the month of September, 1981 Budget Summary dated December 4, 1981 Councilman Gilliam made a motion, seconded by Councilwoman Nelson to place the aforementioned reports on file. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. ANNOUNCEMENTS Mayor Pro Tem Kirkland made announcements relative to forthcoming meetings. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilman Gilliam made a motion, seconded by Councilman Hansen to adjourn the meeting. Yeas: Councilmen Gilliam; Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays: None. The meeting was adjourned at 9:40 P.M. Marie Yearma City C er