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Home My WebLink About1982 Council MinutesVOLUME XLVII January 13, 1982 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 13, 1982, 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 Councilman Donald Waters, and the Pledge of Allegiance was led by Councilman Gilliam. 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 DECEMBER 22, 1981 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Nelson, to approve the December 22, 1981 Council Minutes as published.. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED DISCONNECTING CERTAIN TERRITORY FROM THE CITY OF ELGIN Councilwoman Nelson made a motion, seconded by Councilman Hansen, to pass the aforementioned ordinance. Yeas; Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Ordinance No. S1 -82 AN ORDINANCE DISCONNECTING CERTAIN TERRITORY FROM THE CITY OF ELGIN WHEREAS, the City of Elgin, a municipal corporation, heretofore entered into a certain annexation agreement with Donald Stewart, as developer, and Helen B. Busse and Dorothy B, Hesse, owners of record, of certain territory hereinafter described; and WHEREAS, the parties to the aforesaid annexation agreement there- after entered into a recision agreement providing for the disconnection of the subject territory from the City of Elgin and for the mutual release of all parties to the annexation agreement from their obliga- tions thereunder; and WHEREAS, a petition to disconnect the subject property signed by the owners of record has been filed with the City Clerk; and WHEREAS, the subject property is upon the border but not within the boundary of the municipality and is not laid out into municipal lots or blocks; and WHEREAS, the certificate of the County Clerk of the County of Kane has been received showing that all city taxes or assessments are fully paid; and WHEREAS, it is in the best interest of the City of Elgin to discon- nect the subject territory, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section la That the following described territory be and is hereby disconnected from the City of Elgin: The North 700°00 feet (as measured at right angles to the North line thereof) of the following described property: That part of the Southwest Quarter of the Northwest Quarter of Sec- tion 21,-Township 41 North, Range 8 East of the Third Principal Meridian lying Easterly of the Easterly right of way line of Randall Road (EXCEPT THAT PART FALLING WITHIN THE RIGHT OF WAY OF SOUTH STREET), containing 11,796 Acres more or less and being situated in the Township of Elgin, Kane County, Illinois, Section 20 That the City Clerk be and is hereby authorized and directed to cause a certified copy of this ordinance to be filed for , recordation in the Recorder's Office of the County of Kane; 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. Verblc,, Richard Le 7erbic, Mayor VOLUME XLVII Presented: January 13, 1982 Passed: January 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: Attest j a cas..�z� s/ Marie Yearman rie earman, City Clerk PETITION 30 -81 REQUESTING A R -1 SINGLE Don Wagner, Director of Community Development, stated, the St. Paul Baptist Church is proposing to relocate their facilities in the future from their present location in the old Elgin High School to property located on Bode Road, and consequently they are petitioning for a special use in an R -1 District. 3 They are currently acquiring the property through a land purchase contract, subject to the approval of the specia•t:use zoning. The property is approximately three acres, they did not have any detailed site plan, construction plan proposed for the site and consequently the staff is recommending that staff is recommending that side yards and requirements be established. Exh.i,bt C in your packet is a map that shows the buildable area that we are establishing as one of the conditions because we do not have any detailed plans. Those plans will be coming in probably in a number of years. The yard requirements that we have proposed are in keeping with the zoning ordinance and the established front yard setback that now exists along Bode Road. The area surrounding the property are various kinds of residential zoning so we feel the three acre site is sufficient room for the church structure and the area is conducive to another church building. The staff made recommendation to approve this petition and the Land Use Committee at their meeting on December 7, 1981, approved by a vote of 7 -0. The staff recommendation is subject to the following recommendations: 1. Access is to be limited to one approach on Bode Road; 2. Conformance with the building setbacks specified on the Site Plan, dated November 20, 1981; and 3• Conformance with all other applicable codes and ordinances. 4 VOLUME XLV1I i Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to approve Petition 30-81, subject to the staff's recommendations. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING THE SCHEDULE OF FEES FOR CEMETERY LOT SALES AND BURIAL SERVICES Councilman Gilliam made a motion, seconded by Councilman Kirkland to pass the aforementioned ordinance. Yease Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verb'ic. Nayse None Ordinance No. G1 -82 AN ORDINANCE AMENDING THE SCHEDULE OF FEES FOR CEMETERY LOT SALES AND BURIAL SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section to That Section 2.24.200 of Chapter 2 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "2,24.200 Lot or grave space -- Purchase price. A. The cost of lots is established at the rate of two hundred fifty dollars per grave space; of this amount one hundred fifty dollars shall be credited to the general fund and one hundred dollars to the perpetual care fund. However, if the sinking fund is depleted below its required level, fifteen percent of each amount shall be credited to the sinking fund. R. The cost of single grave spaces (in the single grave sec- tion) is established at one hundred sixty dollars; of this amount one hundred ten dollars shall be credited into the general fiord and fifty dollars shall be credited to the perpetual care fund. C. The cost of babies' grave spaces is established at sixty dollars. D. The cost of lots in Section 2 -A is established at the rate of three hundred twenty -five dollars per grave space; of this amount., two hundred dollars shall be credited to the general fund and one hundred twenty -five dollars to the perpetual care fund. However, if the sinking fund is depleted below its required level, fifteen percent of each amount shall be credited to the sinking fund. E. The cost of lots in the memorial sections is established at the rate of two hundred twenty -five dollars per grave space; of this amount one hundred fifty dollars shall be credited to the general fund and seventy -five dollars to the perpetual care fund. However, if the sinking fund is depleted below its required level, fifteen percent of each amount shall be credited to the sinking fund. F. On January 1, 1983 all grave spaces in A, D and E shall increase twenty -five dollars each to be credited to the general fiend and B will increase fifteen dollars each and C will increase five dollars to be credited to the general fund." Section 2. That Section.2.24.230 of Chapter 2 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows. "2024,230 Fees for burial services. The superintendent shall demand and shall receive the following fees in advance. Fees charged to the account of local undertakers shall be paid within twenty days after services furnished. 6 VOLUME XLV11 Effective Effective Services 1/1/82 1/1/83 A. For opening, filling and sodding: 1. Adult's grave, weekday 8:00 a.m. - 4:00 p.m. $275 $300 2. Adult's grave, weekday after 4:00 p.m. 325 350 3. Adult's grave, Saturday 9:00 a.m.- 1:00 p.m. 350 375 4. Adult's grave, Saturday after 1.00 p.m. 375 400 S. Infant's grave., (V x 3 °), weekday 8.00 a.m. - 4:00 p.m. 65 70 6. Infant °s grave (1' x3'), Saturday 9:00 a.m. - 1:00 pom. 125 130 7. Burials for the - weekday 8:00 a.m. - 4:00 p.m. "" 200 225 B. For disinterning.and removing burial from one part of the cemetery and reinterring: 1. Adult," disinterring 300 325 2. Adult, reinterring 250 275 3. Infant, disinterring 90 100 4. Infant, reinterring 65 70 C. For receiving and discharging body from receiving vault's 1. Adult 20 20 2. Child 10 10 D. For storage in city vault, each month or part thereof: 1. Adult 10 10 2. Child 5 5 E. For other interments: 1. Cremated bodies, weekday 8:00 p.m.- 4:00 p.m. 75 80 2. Cremated bodies, Saturday 9:00 a.m. -1:00 p.m. 125 130 3. Placing casket in Mausoleum crypt, weekdays 125 150 F. For use of tent for burials: 1. No charge for adult interment under regular charges set forth in Item A(1 -4) 2. All others 25 30 G. For sodding or resodding: 1. Adult grave 27 27 2. Child grave 22 22 VOLUME XLVII 7 Effective Effective Services 1/1/82 1/1/83 H. For seasonal care: 1. Single - -grave lot $ 10 $ 10 2. Two grave lot 13 13 3. In excess of two grave spaces, each additional grave space 3 3 I. Care of vases or urns, each 13 13 J. Grave Box, Charge for grave boxes is established at 180 195 For the poor, the charge will be 125 135 K. Perpetual care on all lots presently without per- petual care (allocated to perpetual care and improvement fund): 1. First grave space 100 100 2. Second grave space 100 100 3. Each additional grave space (Perpetual care shall be paid on entire lot prior to setting headstones or monuments on any portion thereof) L. Foundation charges, per setting 15 15 (Description of each stone to be submitted to ` director of cemeteries for his approval and directions as to placement location) M. Vault setting fee 80 90" 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 approval in the manner provided by law. s/ Richard L. Verbic Richard Lo Verbic, Mayor Presented: January 13 1982 Passed: January 1�, 1982 Vote: Yeas 6 Nays O Recorded: Published: Attest: s/ MarieYeairE n Marie Yearman, City Cler E VOLUME XLVII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS U.S. Conference of Mayors $1500.00 Membership Dues for 1982 Illinois Municipal League $1955.25 Membership Dues for 1982 John's Elgin Market $5316.50 Employee Christmas Gift Cert i f i,cates Gromer Super Market $ 974.55 Board & Commission Members Christmas Fruit Baskets Illinois Lawn Equipment $3039.93 Miscellaneous parts for the repair of lawn mowers Schuster Equipment Co. $1708.69 Parts for repair of Vac - All equipment Coleman Land Co. $1750.00 Appraisal of Douglas Hotel Ernie Gaebe $1645.00 Residential Rebate Program 457 Villa Councilman Waters made a motion, seconded by Councilman.Hansen, to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED ESTABLISHING PARKING RATES, PERMIT FEES AND HOURS OF OPERATION FOR THE CIVIC CENTER PARKING ZONE AND THE SPRING STREET PARKING FACILITY Councilman Gilliam made a motion, seconded by Councilman Hansen, to pass the aforementioned ordinance. Yeas: Councilmen. Gilliam, Hansen, Kirkland, Nelson, Waters and.Mayor Verbic. Nays: None. Ordinance Na. G2 -82 AN ORDINANCE ESTABLISHING PARKING RATES, PERMIT FEES AND HOURS OF OPERATION FOR THE CIVIC CENTER PARKING ZONE AND THE SPRING STREET PARKING FACILITY BE IT ORDAINED BY THE CITY COUNCIL OF -THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 11.44.160 of Chapter 11 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended to read as follows: "11.44.160 Civic center parking zone. A. The finance director may, in lieu of parking meters, provide for attendant parking, whereby the time of entry and exit to that parking zone shall be determined and parking fees shall be based on the amount of the time that the vehicle was located in that zone. B. The following hours are established for operation of the civic center parking zone, bounded by Douglas Avenue, Highland Avenue and North Grove Avenue and the Spring Street Parking Facility. 1. Monday and Thursday: 8:00 a.m. to 10:00 p.m.; 2. Tuesday, Wednesday, Friday and Saturday: 8:00 a.m. to 6 :30 p.m.; 3. Christmas season (Thanksgiving to December 25): 8:00 a.m. to 10 :00 p.m. C. The following rates be and are established for parking in the civic center parking zone and the Spring Street Parking Facility: 1. First three hours, ten cents per hour or fraction thereof; 2. Each additional hour or fraction thereof, twenty -five cents; 3. Maximum daily fee, one dollar fifty -five cents. Hourly fees shall apply from 8:00 a.m. to the time of exiting the lot up to a maximum of one dollar fifty -five cents for each day regardless of the number of hours parked if the ticket is not presented upon exiting. D. It is unlawful to park any vehicle over twenty feet in length in any one parking space or to park a vehicle in such a way that it requires more than one parking space. Eo There is established a system of validation stamps to be dis- tributed to participating merchants for a fee of ten cents each by and under the direction of IDEA. A fee of eight cents for each validation stamp be and is established. III VOLUME XLVII F. The finance director may lease each parking space in the civic center parking zone in the northerly two rows for a period of one month. The prepaid rate shall be twenty dollars for a one -month lease. The lessee shall only park in the assigned rows, place the parking permit on the left front dashboard of his vehicle so it is visible from the front of the vehicle, and upon leaving the parking area, sign the ticket received on entering with his permit number prior to presenting it to the attendant. Failure to comply shall result in the revocation of the parking permit and forfeiture of the paid parking fee. G. The finance director may lease each parking space on the third and fourth levels of the Spring Street Parking Facility at monthly rates of twenty -five and twenty dollars respectively., The lessee shall only park in the assigned levels, place the parking permit on the rear window, so it is visible from the back of the vehicle and use their Cintac Card upon leaving. Failure to comply shall result in the revocation of the parking permit and forfeiture of the paid parking fee. H. No parking is allowed in the Spring Street Parking Facility between the hours of 1:00 a.m. and 6 :30 a.m. Any vehicle owner violating these hours may be fined ten dollars and /or the vehicle towed. I. Except for authorized personnel it shall be unlawful for any person to enter or remain upon or within either of the parking facilities described in (B) above during hours of operation for a period of time in excess of fifteen (15) minutes. Provided, however, this section shall not apply to the following: 1) Owners, drivers or passengers of vehicles parked in either facility; 2) Mechanics, tow truck operators or other auto service personnel present to service a vehicle parked in either facility. J. Except for authorized personnel, it shall be unlawful for any person to enter or remain within the Spring Street Parking Facility between the hours of 1 :00 a.m..and 6 :30 a.m." 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 approval in the manner provided by law. s/ Richard L. Verbic RicharU L. Verbic, Mayor VOLUME XLVII Presented: January 13 1982 Passed: January 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Cler RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 5 IN THE CONTRACT WITH LAMP, NC., FOR CONSTRUCTION OF A PARKING FACILITY Councilwoman Nelson made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution, Yeas. Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 12 RESOLUTION APPROVING CHANGE ORDER NO. S IN THE CONTRACT WITH LAMP, INC. FOR CONSTRUCTION OF A PARKING FACILITY VOLUME XLVII 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 5, 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 5, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: January 13, 1982 Adopted: January 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s Marie Yea an Marie Yeaxmafi, City er RESOLUTION ADOPTED AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE Councilman Waters made a motion, seconded by Councilman Kirkland, to adopt the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVII RESOLUTION AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE 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 Elgin Area Chamber of Commerce 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 13, 1982 Adopted: January 13, 1982 Voter Yeas 6 Nays 0 Recorded: Attest: k�Ack—>' L - s/ Marie YearM Marie Yearman, City C er RESOLUTION ADOPTED AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF COMMERCE 13 Councilman Waters made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Waters and Mayor Verbic. Nays: Councilman Hansen. 14 VOLUME XLVII RESOLUTION AUTHORIZING PAYMENT TO THE ELGIN AREA CHAMBER OF CCI*JERCE WHEREAS, the City of Elgin has heretofore agreed to contribute the sum of $3,000 each quarter for the support of the Economic Development Commissions; 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 THE 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 IUard E. 73rbic, Mayor Presented: January 13, 1982 Adopted* January 13, 1982 Vote: Yeas 5 Nays 1 Recorded: ®,Atttjest. 0 s/ Marie Yearm n rie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EX 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. VOLUME XLVII RESOLUTION AUTHORIZING EXECUTION OF RIDER NUMBER TKO TO A CONTRACT WITH THE VILLAGE OF SLEEPY HOLLOW FOR THE SALE OF WATER 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 a second rider to a certain contract for the sale of water by the City of Elgin to the Village of Sleepy Hollow dated June 11, 1980, a copy of which is attached hereto and made a part hereof by reference. s.' Richard L. Verbic RIEHard er i& yor Presented: January 13, 1982 Adopted: January 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yeannan, City Clerk ORDINANCE PASSED AMENDING HOURLY RATES OF PAY FOR CERTAIN PART TIME EMPLOYEES 15 Councilwoman Nelson made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance.. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. �6 VOLUME XLVIi Ordinance G7 -82 AN ORDINANCE AMENDING 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 fallowing part time positions: Bus Driver $ 6.30/hr. Crossing Guard $ 4.50/hr. Police Reserve $ 6.30 /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 on December 27, 1981. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 13, 1982 Passed: January 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: nAttest: s/ Marie Yearma'h Marie Yearman, City Clerk VOLUME XLVII 17 REPORTS RECEIVED AND ORDERED PLACED ON FILE Water Department Report for the month of December, 1981 Traffic Committee Minutes - December 3rd & 12th, 1981 Monthly Building Permit Report for December, 1981 Motor Fuel Tax Funds Audit, 1/1/80 to 12/31/80 Councilman Gilliam made a motion, seconded by Councilwoman Nelson to place the above reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. RECOGNIZE PERSONS PRESENT William Werst, 2245 South Street, stated, Mr. Mayor and Members of the City Council, I would like to thank you on behalf of your vote this evening on the disannexation of the property under Item G (1). 1 would, however, like to ask that you direct to the proper planning and zoning authorities to revise the long range land use plan of that particular parcel. On your long range land use plan that particular parcel is shown as commercial zoning and it would be to the advantage of the City to have that changed to urban residential to conform to the adjacent properties. Other- wise someone coming into the city of Elgin is going to look at the long range use plan and see that is set for commercial and then we will have the same problem all over again. I would request your indulgence to direct the proper committees to have them switch that over to urban residential zoning. Thank you. ANNOUNCEMENTS Mayor Verbic made an announcement relative to forthcoming meetings. ADJOURNMENT AND RECONVENE OF MEETING Councilwoman Nelson made a motion, seconded by Councilman Gilliam that this meeting be continued to January 19, 1982, at 8:00 P.M. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Marie Yearmarf, City VOLUME XLVII January 19, 1982 18 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT RECONVENED MEETING Councilman Gilliam made a motion, seconded by Councilman Waters, to reconvene the Council Meeting of January 13, 1982. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Absent: Councilman Kirkland. DOPTED RATIFYING AND AUTHORIZING Councilwoman Nelson made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 19 RESOLUTION RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS VOLUME XLVIi WHEREAS, representatives of the City of Elgin and representatives of Local #439 International Association of Firefighters have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and the effected employees, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the proposed agree- ment by the City of Elgin and Local #439 International Association of Firefighters, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute said agreement on behalf of the City of Elgin. s/ Richard L. Verbic RlcliarJ Lo Verbic, Mayor Presented: January 19 1982 Adopted: January 1�, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk Councilman Gilliam made a motion, seconded by Councilwoman Nelson to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Ordinance No. G8 -82 AN ORDINANCE AMENDING ARTICLE IV; ENTITLED "THE ADOPTION AND ADMINISTRATION OF POSITION CLASSIFICATION AND PAY PLANS" OF CHAPTER 6 OF THE CITY CODE (ORDINANCE NO; S -569, PASSED DECEMBER 23 1955) AS PERTAINS TO THE COMPENSATION PLAN AND TO THE SCHEDULE OF STANDARD SALARY RANGES AND THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN, ILLINOIS, AS AMENDED WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved negotiated understandings reached by the City of Elgin's Wage and Benefit Committee and various Employee Relations Committee; and WHEREAS, the-City of Elgin has agreed to implement a new schedule for Fire employees as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1, That there is hereby added to and forming a part of Arti- cle IV of Chapter 6 of the City Code (Ordinance No, S =569, passed December 23, 195S), as amended, the following amended schedule of standard salary ranges., forming the official salary plan which shall read as follows: OFFICIAL FIRE SALARY PLAN Salary Range Position I II III IV V VI 38 F Fire Lieutenant 2144 2238 2331 32 F Firefighter 1697 1762 1827 1908 1983 2071 Section 2, That effective December 26, 1982, the official salary plan shall be amended to read as follows: Salary Range Position I II III IV V VI 38 F Fire Lieutenant 2294 2395 2494 32 F Firefighter 1816 1885 1955 2042 2122 2216 Section 3. That effective December 25, 1983, the official salary plan shall be amended to read -as follows: Salary Range Position. I II III IV V VI 38 F Fire Lieutenant 2449 2557 2662 32 F Firefighter 1939 2012 2087 2180 2265 2366 21 VOLUME XLV11 Section 4. That effective December 25, 1983, the official salary plan can be amended to read as follows: If the Consumer Price Index for Urban Wage Earners and Clerical Workers in Chicago, All Items, 1967 -100, (herein called "CPI ") for the month of November, 1983 has increased more than ten percent (10 %) over the preceding CPI for the month of November, 1982, the salary increase to be effective December 25, 1983, shall be eight percent (8 %) instead of the six and three - quarter percent (6 3/4 %) increase as reflected in the figures above, or If the Consumer Price Index for Urban Wage Earners and Clerical Workers in Chicago, All Items, 1967 -100, (herein called "CPI ") for the month of November 1983 has increased five percent (5 %) or less over the preceding CPI for the month of November,. 1982, the salary increase to be effective December 25, 1983 shall be four percent (4 %) instead of the six and three- quarter percent (6 3/4 %) increase as reflected in the figures above. Section 5. That all other ranges in the 'F' schedule of standard salary ranges be and are hereby amended accordingly and that the City Manager is hereby authorized and directed to prepare the appropriate schedules reflecting the foregoing amendments to salary ranges of the City of Elgin. Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. That this ordinance shall be in full force and effect as of December 27, 1981. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 19 1982 Passed: January 1�, 1982 Vote: Yeas 6 Nays O Recorded: Published: Attest: S/ Marie Yea an Marie Yearman, City Clerk R VOLUME XLVII 22 ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Hansen to adjourn the reconvened meeting. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Councilman Gilliam made a motion, seconded by Councilman Waters to reconven, the reconvened Council Meeting. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Councilman Gilliam made a motion, seconded by Councilman Waters to adjourn the reconvened meeting and to go into Executive Session to discuss Labor Negotiations and Appointment to Boards and Commissions. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 8 :00 P.M. a Marie Yearman, City Clerk VOLUME XLVII January 27, 1982 23 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 27, 1982, at 8:35 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 Ross, Pastor, Calvary Lutheran Church, and the Pledge of Allegiance was led by Councilman Hansen. APPOINTMENT OF ACTING CITY CLERK Councilman Don Waters made a motion, seconded by Councilman Schmidt, to appoint Andrea Paetsch as Acting City Clerk. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent: None. Also present: Nelson, Paetsch, Jentsch and members of staff. 13, 1982 AND JANUARY 19, 1982 Councilman Waters made a motion, seconded by Councilwoman Nelson, to approve the January 13, 1982 and January 19, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Mayor Verbic presented James Bolerjack and David Jepson with a plaque commend- ing the City of Elgin for its Comprehensive Annual Financial Report for 1980. BID AWARDED FOR LIME MATERIALS FOR WATER TREATMENT PLANT Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to award the bid for pebble quick lime for the water treatment plant to the low bidder, Linwood Stone Products, for the sum of $86,744.00. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Waters, Schmidt and Mayor Verbic. Nays: None. PS! BID AWARDED FOR DREDGING LAKE AND CREEK AT SPARTAN MEADOWS VOLUME XLVII Councilman Schmidt made a motion, seconded by Councilwoman Nelson, to award the bid for dredging the lake and creek on the back nine at Spartan Meadows Golf Course to Schneider Excavating, Inc. for the sum of $10,575.00. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Waters, Schmidt and Mayor Verbic. Nays: None. BID AWARDED FOR CARPENTRY WORK AT NEIGHBORHOOD HOUSING SERVICE Councilman Gilliam made a motion, seconded by Councilman Hansen, to award the bid for inside carpentry work on both the first and second floors at the NHS office to the low bidder, Garland Hunter Construction, in the sum of $2,004.00. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Jerry Deering, representing the City's Land Use Committee recommended approval of the petition. Harry Schaffner, of 45 Glenwood Trail, represented objectors Ed and Genevieve Johnson of 635 Trout Park Boulevard and also a number of citizens who are objectors. He expressed concern for citizens easily getting to this new location via public transportation, as they can at the present location. He felt the present facility is in a centrally convenient location. He also expressed concern about possible loitering in area parks, especially Trout Park. Objectors presented the Council with signed petitions asking that the Council deny this petition. They also expressed a concern about the sale of gas at this faciii -ty where people are getting on and off buses being a potential danger. They felt it could be a fire hazard. Several objectors raised concern as to the impact on the community. Those objectors included: Wanda Ferguson of 577 Glenwood Trail, Barbara Ackermann -of 568 Glenwood Trail, Kaye Hitzemann of 1219 Sherwood, Percy Giihardt of 629 Trout Park Boulevard and Rebecca Ferguson of 596 Glenwood Trail. Walter Dale, the petitioner for the Greyhound Bus Station in Elgin, spoke for the passage of the petition. He stated that he felt most of the questions and concerns brought forth by the objectors had already been answered at the Land Use Committee hearings. Mayor Verbic asked the Council if they had any questions to direct to either the petitioner or the objectors. Several questions were directed to both sides. VOLUME XLVII 25 A motion was made by Councilman Gilliam and seconded by Councilman Kirkland, to grant Petition 31 -81 requesting B -3 Service Business District Special Use for a Transportation Facility /Automobile Service Station for property located at 1414 Dundee Avenue; Yeas: Councilmen Gilliam, Kirkland, Hansen, Schmidt, Waters and Mayor Verbic. Nays: Councilwoman Nelson. Charles Burnidge represented the owners of the property. He presented two exhibits showing where the property is located and he explained the develop- ment proposed on the property. The Kane County Development Department has requested the City's comment on the preliminary plan of the proposed Timber Creek subdivision. This property is located on the western periphery of Elgin's Comprehensive Plan and is adjacent to the Village of Gilberts. The property owners do not wish to annex to any community but wish to be an i independent County subdivision. A three - quarter vote by the Kane County Board will be required to have the subdivision approved if Elgin objects. Members of the Council questioned Mr. Burnidge and members of the staff about future annexation to the City of Elgin. Don Wagner said that the possibility is remote. A motion was made by Councilman Kirkland and seconded by Councilman Waters to make a "No Comment" on the consideration of a residential subdivision for this property. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson and Waters. Nays: Councilman Schmidt and Mayor Verbic.. RECESS At 9:40 p.m. the Council Meeting was recess to conduct an Elgin Liquor Commission Meeting. The Council Meeting was reconvened at 9:55 p.m. ORDINANCE PASSED AMENDING THE PROVISIONS OF THE ALCOHOLIC LIQUOR DEALERS ORDINANCE Councilman Hansen made: a motion, seconded by Councilwoman Nelson, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Hansen Nelson, Schmidt and Mayor Verbic. Nays: Councilman Waters. 26 Ordinance No. G9 -82 AN ORDINANCE AMENDING THE PROVISIONS OF THE ALCOHOLIC LIQUOR DEALERS ORDINANCE WHEREAS, pursuant to the Constitution of the State of Illinois, 1970, 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 number, kind and classification of licenses for the sale at retail of alcoholic liquor is a matter within the government and affairs of the City of Elgin as a home rule unit; and WHEREAS, it is necessary and desirable to amend the provisions of Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, so as to promote the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF' ELGIN, ILLINOIS, in the exercise of the, home rule power of the City of Elgin: Section 1. That Section 6.06.060 of Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, authorizing the number of licenses which may be issued, be and is hereby amended to read as follows: "6.06.060 The number of Class A and Class AA licenses shall not exceed a combined total of 30 in number. A holder of a Class AA license who desires to surrender his license and acquire a Class A license shall dispose all inventory of packaged goods within 30 days - after the issuance of a Class A license. The number of Class B licenses shall not exceed one for every 4,500 inhabitants or fraction thereof, as determined by the last official census conducted by the United States Census Bureau." Section 2. That Section 6.06.150K of Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, is amended to read as follows: "K. Employ or permit the employment of any minor in his place of business except in connection with activities not related to the sale or delivery of alcoholic liquors." Section 3. That this ordinance shall be in full force and effect upon its publication in pamphlet form by authority of the City Council. s/ Richard L. Verbic and L. Verbic, Mayor Presented: January 27, 1982 Passed: January 27, 1982 Vote: Yeas 6 Nays 1 Recorded: Published: Attest: s/ Andrea Paetsch — ftcting ;Ci :ty C:1erk VOLUME XLVII 27 AN ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN FLENDER CORP. Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland,: Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS Northeastern Illinois Planning Dues for 1982 $ 4,638.00 Commission Speer Financial, Inc. Services rendered for 8,500.00 Industrial Revenue Bonds Layne- Western Co. Well #4 repairs 17,461.09 Kirks Automotive Buses #8016 and #8102 1,600.00 Chicago Ste Auto Body Community Development 1,710.12 Car #42 Helen Diekman Residential Rebate 2,113.24 Matilda Nimmrich Residential Rebate 2,095.75 Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to approve the aforementioned payments. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. W. Ordinance No. S2 -82 AN ORDINANCE (� ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Flender Corporation) 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: l That part of the West half of the Southeast quarter of Section 33, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the center of said Section 33; thence South along the West line of said Southeast quarter 130.0 feet for the point of begin- ning; thence continuing South along said West line 866.04 feet; thence Southeasterly along a line that forms an angle of 1051 14' from North to Southeast with the last described course, 336.84 feet; thence North, parallel with the West line of said Southeast quarter 954.54 feet to a line perpendicular to the West line of said Southeast quarter from the point of begin- ning; thence West 325.0 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois. 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. Thatthis ordinance shall be in full force and effect from and after its passage as provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 27, 1982 Passed: January 27, 1982 Mote: Yeas 7 Nays 0 Recorded: Published: Attest: s /Andrea Paetsch p ,. ; - AN ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY FLENDER CORPORATION a,] Councilwoman Nelson made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 30 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY (Flender Corporation) Ordinance GIO-82 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 harings 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 part of the West half of the Southeast quarter of Section 33, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the center of said Section 33; thence South along the West line of said Southeast quarter 130.0 feet for the point of beginning; thence continuing South along said West line 866.04 feet; thence Southeasterly along a line that forms an angle of 1050 14' from North to Southeast with the last described course, 336.84 feet; thence North, parallel with the West line of said Southeast quarter 954.54 feet to a line perpendicular to the West line of said Southeast quarter from the point of beginning; thence West 325.0 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois." 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/ Richard L. Verbic RIETTa—FU L. Verbic, Mayor Presented: January 27, 1982 Passed: January 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Andrea Paetsch :Andrea- RaQtsch, Vctiit-,rq, C:i- ty'Glerk AN ORDINANCE PASSED GRANTING A SPECIAL USE FOR A CHURCH AT 1095 BODE ROAD, ELGIN, ILLINOIS 31 Councilman Gilliam made a motion, seconded by Councilman Schmidt, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 32 Ordinance No. Gll -82 r_ AN ORDINANCE GRANTING A SPECIAL USE FOR A CHURCH AT 1095 BODE ROAD, ELGIN, ILLINOIS WHEREAS, written application has been made for a special use for a church at 1095 Bode Road; and 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 a part hereof by reference as Exhibit A. Section 2. That a special use for a church at 1095 Bode Road, Elgin, Illinois, legally described as follows: That part of the South East quarter of Section 18, Township 41 North, Range 9, East of the Third Principal Meridian, described as follows: Beginning at a point 1042.8 feet East of the North West corner of said South East quarter as measured along the North line of said South East quarter; thence East along the North line of said South East quarter and the South line of a road to a point 1891.6 feet East of the North West corner of said South East quarter; thence South 15 degrees 02 minutes West along a fence line 551 feet to the point of beginning of the premises conveyed by deed recorded as Document 18085008; thence Westerly parallel to the North line of said South East quarter to a point on the East line of Second Addi- tion to High View Hills, according to the plat thereof recorded February 27, 1957 as Document 16836013, thence Northerly along the East line of said Subdivision 536.7 feet to the place of beginning, except therefrom the premises described as follows: Beginning at a point 1285.25 feet East of the North West corner of said South East quarter as measured along the North line of said South East quarter; thence East along the North line of said South East quarter and the South line of a road to a point 1891.6 feet East of the North West corner of said South East quarter; thence South 15 degrees 02 minutes West along a fence line, 551 feet to the point of beginning of the premises conveyed by deed recorded as Document 18085008; thence Westerly parallel to the North line of said South East quarter, 548.13 feet; thence Northerly to the place of beginning, in the City of Elgin, Cook County, Illinois. be and is hereby granted subject to the following conditions: 33 1. Access in to be limited to one approach on Bode Road; 2. Conformance with the building setbacks specified on the Site Plan, dated November 30, 1981; and 3. Conformance 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 Richard Verbic, Mayor Presented: Jaunary 27, 1982 Passed: January 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Andrea Paetsch Ar4r,eg'- PA4" $5,M ~n ;7lry_ er RESOLUTION ADOPTED AUTHORIZING PUBLICATION OF NOTICE OF SALE OF SURPLUS PROPERTY Councilman Gilliam made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 34 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: Lots l and 2 in Huber Subdivision being a subdivision of part of the northwest quarter of the southeast quarter of Sec- tion 15, Township 41 North, Range 8 East of the Third Principal Meridian in the City of Elgin, Kane County, Illinois. which property is generally located at 1231 Larkin Avenue, Elgin, Kane County, Illinois; 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) consecu- tive 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, tinder the successful hid, of the fee simple interest in the following described real property: Lots 1 and 2 in Huber Subdivision being a subdivision of part of the northwest quarter of the southeast quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian in the City of Elgin, Kane County, Illinois. which property is generally located at 1231 Larkin Avenue, Elgin, Kane County, Illinois. Bids for the purchase 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, Elgin, 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. Bids may be submitted on the entire above described property or on Lot 1 -or Lot 2 individually. Said proposal shall be addressed to: City Council, City of Elgin c/o City Clerk 150 Dexter Court Elgin, IL 60120 -5555 and shall bear the legend °PROPOSAL -SALE OF 1231 LARKIN AVENUE' and the name and address of the bidder, 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 March 10, 1982. No bid less than $58,000 for the entire parcel or $429000 for Lot 1 individually or $16,000 for Lot 2 individually 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. Presented: January 27, 1982 Adopted: January 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: ,, _s/ Andrea Paetsch I- te,a "P6,tidb,;�eActin9 City Clerk s/ Richard L. Verbic Richard er ic, ayor RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF FOX AND COMPANY TO DEVELOP A COMPREHENSIVE DATA PROCESSING PLAN 35 Councilwoman Nelson made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None, W. RESOLUTION ACCEPTING THE PROPOSAL OF FOX AND COMPANY TO DEVELOP A COMPREHENSIVE DATA PROCESSING PLAN 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 Fox and Company for development of a compre- hensive data processing plan, 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, 1982 Adopted: January 27, 1982 Vote: Yeas 7 Nays O Recorded: Attest: s/ Andrea Paetsch ndea aetsc ;: ,c -trnj RESOLUTION ADOPTED Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 37 RESOLUTION A TRAFFIC SIGNAL MAINTENANCE AGREEMENT WITH THE STATE OF ILLINOIS 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 on behalf of the City of Elgin with the Department of Transportation, State of Illinois, for the maintenance of certain traffic signals within the City of Elgin, a copy of said agreement is attached hereto and made a part hereof by reference. s Richard L. Verbic T�ar3 L. Verr b 'ic, Mayor Presented: January 27, 1982 Adopted: January 27, 1982 Vote: Yeas 7 Nays O Recorded: Attest: s Andrea_Paetsch Andrea -Pa t�Ch;Acii y° Clerk THE ADOPTION OF Councilman Waters made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilman Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Rfl RESOLUTION ENDORSING THE ADOPTION OF A CC144JNITY BLOOD PROGRAM FOR THE CITY OF ELGIN WHEREAS, the Aurora Area Blood Bank is a not- for - profit community blood center established in 1943 which provides all the blood and blood component needs of patients in twenty -two area hospitals in Kane, the eight adjacent counties, and contiguous parts of Cook County; and WHEREAS, the Aurora Area Blood Bank is the supplier of blood to area hospitals that serve those who are employed, worship, attend school, or reside in the City of Elgin as well as providing total blood protection throughout the United States for the entire families of these citizens; and WHEREAS, the Blood Center depends upon sponsorship by individual groups and communities to support its continuing efforts to maintain an adequate supply of voluntarily donated blood. These programs are based upon a " community responsibility" philosophy which advocates that the responsibility for maintaining an adequate blood supply must be shared by all healthy members of the community and not limited to only those individuals who use blood; and WHEREAS, no quotas are ever established for any groups and blood is pro- vided to all who work, attend school, or reside in the regional service area of the Aurora Area Blood Bank without regard for the ability to pay or donate and without obligation to replace any blood used. NOW, THEREFORE, BE. IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS; that the need for a community blood program is recognized and that active participation in an ongoing effort of all residents, students, and civic and business leaders is recommended and hereby supported. s/ Richard L. Verbic Richard er ic, Myor Presented: January 27, 1982 Adopted: January 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s1 Andrea Paetsch AndfWa Facts ; Ac:ting)Cgtj�rtlerk RESOLUTION ADOPTED APPOINTING JANE M. GOMEZ AS A MEMBER OF THE HUMAN RELATIONS COMMISSION Councilman Hansen made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION APPOINTING JANE M. G(kEZ AS A MEMBER OF THE HUMAN RELATIONS COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Jane M. Gomez be and is hereby appointed as a member of the Hunan Relations Commission to fill the unexpired term of George F. Castillo, for a term to expire May 1, 1983. Presented: January 27, 1982 Adopted: January 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s]/ Andrea Paetsch Rneaa a ctlaag l yri elm s/ Richard L. Verbic r L. er ic, Mayor OF STREETS 39 Councilman Gilliam made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING A CONTRACT FOR THE ACQUISITION OF CERTAIN REAL PROPERTY RIVERFRONT PROPERTY Councilman Waters made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. �e RESOLUTION AUTHORIZING A CONTRACT FOR THE ACQUISITION OF CERTAIN REAL PROPERTY (RIVERFRONT PROPERTY) WHEREAS, the City of Elgin desires to acquire certain property for public purposes located within the City 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: That part of the Southwest Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: All of Lot 12 of Carpenter's Fox River Addition. Being situated 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 $29,000. s/ Richard L. Verbic Richard er ic, My-or Presented: January 27 1982 Adopted: January 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: Andrea Paetsch Andrea-- A -cting City i er RESOLUTION ADOPTED AUTHORIZING A CONTRACT FOR THE ACQUISITION OF CERTAIN REAL PROPERTY RIVERFRONT PROPERTY Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 41 RESOLUTION AUTHORIZING A CONTRACT FOR THE ACQUISITION OF CERTAIN REAL PROPERTY (RIVERFRONT PROPERTY) WHEREAS, the City of Elgin desires to acquire certain property for ppu1bblic purposes located within the City of Elgin, Kane County, Illinois; WHEREAS, the owners of said property and the agents of the City of Elgin wave 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 Southwest Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: All of Lot 13 of Carpenter's Fox River Addition. Being situated 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 $10,100, s/ Richard L. Verbic Ri ar e er ic, mayor Presented: January 27, 1,19,82 Adopted: January 27,'1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ - ndrea— Paetsch —. n rya :aetsc cti:ng -' x ei° RESOLUTION ADOPTED AUTHORIZING A CONTRACT FOR THE ACQUISITION OF CERTAIN REAL PROPERTY RIVERFRONT PROPERTY Councilwoman Nelson made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic, Nays: None. 42 RESOLUTION AUTHORIZING A CONTRACT FOR THE ACQUISITION OF CERTAIN REAL PROPERTY �` (RIVERFRONT PROPERTY) WHEREAS, the City of Elgin desires to acquire certain property for public purposes located within the City 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 Southwest Quarter of Section 1, Township 41 North, Range 8 East of the Third. Principal Meridian, described as follows: All of Lot 14 of Carpenter's Fox River Addition except the Southerly 127.5 feet. Being situated 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 $5,100. s/ Richard. L. Verbic Richard er ic, Mayor Presented: ain ar 27, 1.3.2 Adopted: Anuary 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest:. s /Andrea Paetsch- n rea Ietsc.„. etNg City. .er RESOLUTION ADOPTED AUTHORIZING A CONTRACT FOR THE ACQUISITION OF CERTAIN REAL PROPERTY — (RIVERFRONT PROPERTY Councilman Schmidt made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 43 RESOLUTION AUTHORIZING A CONTRACT FOR THE ACQUISITION OF CERTAIN REAL PROPERTY (RIVERFRONT PROPERTY) WHEREAS, the City of Elgin desires to acquire certain property for public purposes located within the City 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 li 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 Southwest Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: The Southerly 127.5 feet of Lot 14 of Carpenter's Fox River Addition. Being situated 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 $4,900. s/ Richard L. Verbic Ra Ti ar L. V er ic, M ayor Presented: January 27, 1982 Adopted: January 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Andrea Paetsch Andrea ,Raetsch,- AstingiC,ity- -Clerk RESOLUTION ADOPTED RATIFYING AND AUTHORIZING EXECUTION Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic, Nays: None. Me RESOLUTION RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH LOCAL #330 GENERAL CHAUFFEURS, SALESDRIVERS AND HELPERS, INTERNATIONAL BROTHERHOOD OF TEAMSTERS WHEREAS, representatives of the City of Elgin and representatives of Local #330 General Chauffeurs, Salesdrivers and Helpers, International Brotherhood of Teamsters have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and the effected employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the proposed agree- ment by the City of Elgin and Local #330 General Chauffeurs, Salesdrivers and Helpers, International Brotherhood of Teamsters, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Leo Nelson, City Manager, be and is, hereby authorized and directed to execute said agreement on behalf of the City of Elgin. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 27, 1982 Adopted: January 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Andrea Paetsch Andrea Paetsch, Acting City Clerk Councilwoman Nelson made a motion, seconded by Councilman Waters, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 45 Ordinance G3 -82 AN ORDINANCE. AMENDING ARTICLE IV. ENTITLED "THE ADOPTION AND ADMINISTRATION OF POSITION CLASSIFICATION AND PAY PLANS" OF CHAPTER 6 OF THE CITY CODE (ORDINANCE NO. S -569, PASSED DECEMBER 23, 1955) AS PERTAINS TO THE COMPENSATION PLAN AND TO THE SCHEDULE OF STANDARD SALARY RANGES AND THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN, ILLINOIS, AS AMENDED WHEREAS, the City Council of the City of Elgin has, in addition to ratifying and approving negotiated understandings reached by the City of Elgin's Wage and Benefit Committee and various Employee Relations Committees, approved wage and benefit packages for employees not covered by a negotiated understanding; and WHEREAS, the City of Elgin has agreed to implement a new schedule for management employees as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY., OF ELGIN, ILLINOIS: Section 1. That there is hereby added to and forming a part of Article IV of Chapter 6 of the City Code (Ordinance No. S -569, passed December 23, 1955), as amended, the following amended schedule of standard salary ranges, forming the official salary plan which shall read as follows: Salary Position OFFICIAL MANAGEMENT 'A' GROUP SALARY PLAN 59 A Police Chief Public Works Director/ City Engineer 57 A Community Development Director Fire Chief 56 A Finance Director 53 A Public Property and Recreation Director Water Operations Director 51 A Assistant to City Manager Engineering Director 48 A Building Maintenance Director Deputy Finance Director 47 A Transit Director I II III IV V VI 2884 3009 3140 3279 3420 3567 2764 2884 3009 3140 3279 3420 2705 2826 2946 3074 3208 3349 2534 2647 2764 2884 3009 3140 2429 2534 2647 2764 2884 3009 2281 2378 2481 2590 2705 2826 2234 2329 2429 2534 2647 2764 B1 Section 2. That there is hereby added to and forming a part of Article IV of Chapter 6 of the City Code (Ordinance No. S -569, passed December 23, 1955), as amended, the following amended schedule of standard salary ranges, forming the official' salary plan which shall read as follows: OFFICIAL MANAGEMENT 'B' GROUP SALARY PLAN Salary Range Position I II III IV V VI 50 B2 Deputy Police Chief 2861 2983 48 B2 Deputy Fire Chief 2742 2861 B1 Police Captain 2634 2742 2861 46 B3 Police Lieutenant 2634 2742 46 B Civil Engineer II 2216 2305 2406 2512 2617 2727 Public Works Superintendent Water Operations Engineer 44 B Accounting Manager Parks Superintendent Purchasing Agent Senior Planner Senior Planner /Land Use Administrator 41 B Electrical Superintendent Garage Manager Greens Superintendent Recreation Director 2123 2216 2305 2406 2512 2617 1997 2082 2168 2261 2355 2458 34 B Assistant Corporation Counsel 1731 1806 1874 1951 2041 2123 Section 3. That there is hereby added to and forming a part of Article IV of Chapter 6 of the City Code (Ordinance No. S -569, passed December 23, 1955), as amended, the following amended schedule of standard salary ranges, forming the official salary plan which shall read as follows: OFFICIAL MANAGEMENT 'C' GROUP SALARY PLAN Salary Range. Position. I II III IV V VI 45 Cl Fire Captain - Administration. 2543 2659 44 C5 Fire Captain 43 C4 Police Lieutenant I 2491 2599 2341 2439 2543 43 C Crime Analyst /Records 2060 2143 2234 2329 2429 2534 Salary Range Position I II III IV V 47 VI 40 C Associate Planner 1932 2015 2101 2189 2282 2378 Data Processing Supervisor Public Health Officer 38 C Assistant Recreation Director 1853 1932 2015 2101 2189 2282 Auditorium Operations Manager Construction Supervisor Parks Supervisor Sewer Supervisor 37 C Assistant Public Works 1815 1892 1973 2060 2143 2238 Superintendent Chief Engineering Inspector Civil Engineer I 35 C Accountant 1741 1815 1892 1973 2060 2143 Planner 34 C Assistant Building Maintenance 1705 1778 1853 1932 2015 2101 Superintendent Refuse Supervisor Transit Supervisor Water Meter Supervisor Cl Assistant Garage Manager 33 C City Clerk 1670 1741 1815 1892 1973 2060 Human Relations Coordinator Program Coordinator 32 Cl Cemetery Supervisor 1636 1705 1778 1853 1932 2015 Chief Plant Operator Parking Meter. Supervisor 29 C Management Analyst 1537 1602 1670 1741 1815 1892 Water Laboratory Chemist 24 C Executive Secretary 1385 1444 1505 1569 1636 1705 13 C6 Legal Secretary 1102 1149 1198 1249 1302 1357 Personnel Assistant 6 C6 Clerk- Typist - Personnel 953 993 1035 1079 1125 1173 Section 4e That all other ranges in the 'A', 'B' and 'C' schedule of standard salary ranges be and are hereby amended accordingly and that the City Manager is hereby authorized and directed to prepare the appropriate schedules reflecting the foregoing amendments to salary ranges of the City of Elgin. ed Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. That this ordinance shall be in full force and effect as of December 27, 1981. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 27, 1982 Adopted: January 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Andrea Paetsch Andrea Paetsch, Acting City CTerk Councilman Gilliam made a motion, seconded by Councilman Schmidt, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AMENDING A PRIOR RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS A motion was made by Councilman Waters and seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Ordinance No. G4 -82 AN ORDINANCE AMENDING ARTICLE IV. ENTITLED "THE ADOPTION AND ADMINISTRATION OF POSITION CLASSIFICATION AND PAY PLANS" OF CHAPTER 6 OF THE CITY CODE (ORDINANCE NO, 5 -569, PASSED DECEMBER 23, 1955), AS PERTAINS TO THE COMPENSATION PLAN AND TO THE SCHEDULE OF STANDARD SALARY RANGES AND THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN, ILLINOIS., AS AMENDED WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved negotiated understandings reached by the City of Elgin's Wage and Benefit Committee and various Employee Relations Committee; and WHEREAS, the City of Elgin has agreed to implement anew schedule for Transportation employees as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby added to and forming a part of Arti- cle IV of Chapter 6 of the City Code (Ordinance No. 5 -569, passed December 23, 1955), as amended, the following amended schedule of standard salary ranges, forming the official salary plan which shall read as follows: OFFICIAL TRANSPORTATION SALARY PLAN Salary Range Position I II III IV V VI 17 V Bus Driver 7.69 8.15 8.60 9.05 Section 2 That effective June 27, 1982, the official salary plan shall be amended to read as follows- Salary Range Position I II III IV V VI 17 V Bus Driver 7.82 8.28 8.74 9,20 Section 3. That effective December 26, 1982, the official salary plan shall be amended to read as follows: Salary . RRange Position I II III IV V VI 17 V Bus Driver 8.33 8.82, 9.31 9.80 Section 4, That effective June 26, 1983, the official salary plan shall be amended to read as follows: Salary Range Position I II III IV V VI 17 V Bus Driver 8.46 8.96 9.45 9.95. Section 5. That effective December 25, 1983, the official salary plan shall be amended to read as follows: Salary Range Position I IL III IV V VI 17 V Bus Driver 8.97 9.50 10.02 10.55 Section 6. That effective June 24, 1984, the official salary plan shall be amended to read as follows: Salary Range Position I II III IV V VI 17 V Bus Driver 9.10 9.63 10.17 10.70 Section 7. That effective December 25; 1983 and June 24, 1984, the official salary plan can be amended to read as follows: If the Consumer Price Index for Urban Wage Earners and Clerical Workers in Chicago, All Items,.1967 -100, (herein called "CPI ") fpr the month of November, 1983 has increased more than ten percent (10 %) over the preceding CPI for the month of November, 1982, the salary increase to be effective December 25, 1983, shall be $10.65 and $10.90 on June 24, 1984 instead of the $10.55 and $10.70 increase reflected above; or If the Consumer Price Index for Urban Wage Earners and Clerical Workers in Chicago, All Items, 1967 -100, (herein called "CPI ") for the month of November, 1983 has increased less than five percent (5%) over the preceding CPI for the month of November, 1982, the salary increase to be effective December 25, 1983 shall be $10.30 and $10.45 on June 24, 1984, instead of the $10.55 and $10.70 reflected above„ Section 8. That all other ranges in the 'V' schedule of standard salary ranges be and are hereby amended accordingly and that the City Manager is hereby authorized and directed to prepare the appropriate schedules reflecting the foregoing amendments to salary ranges of the City of Elgin. Section 9. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 10. That this ordinance shall.be in full force and effect as of December 27, 1981. sfRichard L. Verbic Richard L. Verbic, Mayor Presented: January 27, 1982 Passed: January 27, 1982 Vote: Yeas 7 Nays 0 Recorded: January 27, 1982 Published: January 27, 1982 Attest: s`J ndrea f ytsch Andfea` P.aetsch, Actin §k�C:ity Clerk 51 RESOLUTION AMENDING A PRIOR RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LOCAL #439 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS WHEREAS, the City Council of the City of Elgin passed a resolution on January 19, 1982, entitled "Resolution Ratifying and Authorizing Execution of Agreement with Local #439 International Association of Firefighters "; and WHEREAS, said resolution directed Marie Yearman, City Clerk, along with Leo Nelson, City Manager, to sign said agreement; and WHEREAS, Marie Yearman, City Clerk, is not presently available to sign said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that a resolution passed on January 19, 1982, and entitled "Resolution Ratifying and Authorizing Execution of Agreement With Local #439 International Association of Firefighters ", a copy of which is, attached hereto and made a part hereof by reference, be and is hereby amended by substituting the following for the last sentence in the above described resolution: BE IT FURTHER RESOLVED that Leo Nelson, City Manager, be and is. hereby authorized and directed to execute said agreement on behalf of the City of Elgin. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 27, 1982 Adopted: January 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Andrea Paetsch Andrea Paetsch, Acting City Clerk RESOLUTION ADOPTED AUTHORIZING EASEMENT AGREEMENT WITH COMMONWEALTH EDISON Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 52 RESOLUTION AUTHORIZING EASEMENT AGREEMENT WITH COMMONWEALTH EDISON WHEREAS, the City of Elgin will be constructing a lime residue trans- mission main across certain property belonging to Commonwealth Edison, and WHEREAS, Commonwealth Edison has agreed to grant to the City of Elgin certain easements across said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows:' 1. It is hereby determined that it is necessary and desirable to enter into an agreement with Commonwealth Edison, granting to the City of Elgin certain easements as provided in the document hereto attached and made a part hereof by reference. 2. That the City Manager and City Clerk be and are hereby authorized to execute the attached agreement for and on behalf of the City of Elgin. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 27, 1982 Adopted: January 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Andrea Paetsch Andrea Paetsch, Acting City Clerk REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenues Report for January, 1982 Parking Lot Revenues Report 12/1/80 through 11/30/81 Traffic Committee Minutes for January 7, 1982 Bluff City Cemetery Report for December, 1981 Councilman Gilliam made a motion, seconded by Councilman Kirkland, to receive and place the above mentioned reports on file. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. E VOLUME XLVII 53 ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. COMMITTEE OF THE WHOLE MEETING RESUMPTION Councilman Gilliam made a motion, seconded by Councilman Hansen to go back into the Committee of the Whole Meeting. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilman Schmidt made a motion, seconded by Councilman Hansen, to adjourn the meeting. Yeas: Councilmen Gilliam, Kirkland, Hansen, Nelson;, Scheidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 10:15 p.m. 'A&Ua' PEtc-5c-A— Andrea Paetsch, Acting City Clerk VOLUME XLVyf February 10, 1982 54 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FROM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the City of Elgin, Illinois, was held on February 10, 1982, at 8 :30 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, St. Mary's Catholic Church, and the Pledge of Allegiance was led by Assistant Corporation Counsel Blondin. ROLL CALL Roll call was answered by Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent: Councilman Hansen. Also present: Nelson, Yearman, Blondin and members of staff. MINUTES OF THE JANUARY 27, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Schmidt made a motion, seconded by Councilwoman Nelson, to approve the January 27, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR ONE STREET SWEEPER Councilwoman Nelson made a motion, seconded by Councilman Gilliam, to award the bid to the low bidder, Bruce Municipal Equipment, for the sum of $58,424.00. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR ONE 1500 GPM TWO - STAGE PUMPER STAINLESS STEEL CONSTRUCTION FIRE TRUCK Councilman Schmidt made a motion, seconded by Councilman Kirkland, that the bid be awarded to American LaFrance Company, for the stainless steel construction of this fire truck, for the sum of $111,989.00. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 55 CE PASSED GRANTING A SPECIAL USE VOLUME XLVII t _ _ Kay Hitzman of 1209 Sherwood you people. A lot of people very disgusted with this. I Council and other city offic or in the neighborhood, of a station combination. If you stating the truth. stated, I have a question to ask have called my home and they are have a question to ask the Mayor, ials. Would you want to live by, Greyhound Depot, and a service say yes, I say that you are not One other statement, I had six calls on this. Seventy six percent of the people I have talked to want to go to the Mayor and Aldermen type of government and eliminate the City Manager form of government. They do not believe that the people are being represented in the present form of government. Councilman Gilliam stated, I think Mrs. Hitzman asked a question and I guess my response would be yes I would not mind living there as compared to what is there now. Councilman Schmidt stated, I am telling the truth, I for one have lived across the street from the Greyhound Bus Depot and did not find it that objectionable -. A Mr. Hart who lives in the second house from the corner where the gas station is, stated, last week you asked your Fire Chief to give you an opinion as to whether this was safe or not. He came forward and told you that he did not have an opinion on it. Chief Van De Voorde stated, at the last meeting I was unaware there was going to be a combined bus depot and gas station operation. I knew there was going to be a change in zoning and I had not explored the problem and could not answer the Council that night without looking into it. We have talked to the State Fire Marshall representative, Mr. William Farmer. We have explored City ordinances, we have explored State Laws. We find nothing that would prevent this type of operation. The proprietors of the gas station told our bureau that they would locate the pump, that was an agreement that was made not with our department, but with Community Develop- ment, I don't even think they would have to do that, I am speaking of the law and the ordinances as I understand them. Yeas: Councilmen Gilliam, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: Councilwoman Nelson. I VOLUME XLVII Ordinance No. Gll -82 AN ORDINANCE GRANTING A SPECIAL USE FOR A TRANSPORTATION FACILITY /AUTOMOBILE, SERVICE STATION WHEREAS, a written application has been filed requesting a special use for a transportation facility /automobile service station located at 1414 Dundee Avenue, which is located in the B -3, Service Business 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 a transportation facility /automobile service station located at 1414 Dundee Avenue, 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 operation and maintenance of a transportation facility /automobile service station on the property commonly known as 1414 Dundee Avenue, Elgin, Illinois, and legally described as follows: The East 40.0 feet of Lot 11 and Lot 12 (EXCEPT the Easterly 10.33 feet of said Lot 12, as measured along the North and South lines of said Lot 12) in Block 1 of Trout Park River Bluff Addition to Elgin, being a subdivision of part of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. subject to the following conditions: 1. Bus access and on -site circulation are to conform to the Site Plan, dated November 30, 1981. 2. Off- street parking and landscaping are to conform to the Site Plan, dated November 30, 1981. 3. Hours of operation are to be 6 :00 A.M. to 10:00 P.M. Monday through Friday and 7:00 A.M. to 6:00 P.M. Saturday and Sunday. 4. No loitering is to be permitted. So No motor vehicle repair work is to be permitted. 11 57 VOLUME XLVII 6. No outside storage is to be permitted; 7. 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. Presented: February 10, 1982 Passed: February 10, 1982 Vote. Yeas 5 Nays 1 Recorded: Published: Attest: a s/ Richard 1�Verbic Marie Yearman, City Clerk T iffi l s/ Richard L. Verbic Richard L. Vierbic, May-or NG THE ZONING ORD Councilman Waters made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: 'Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. t VOLUME XLVII Ordinance No G12 -82 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO PROVIDE FOR PRIVACY AND SECURITY FENCES WHEREAS, written application has been made to amend the provisions of the zoning ordinance of the City of Elgin to provide for privacy fences and security fences; and WHEREAS, after due notice the Planning Committee conducted a public hearing on the proposed amendment and has recommended approval; and WHEREAS, the City Council of the City of Elgin concurs in the recom- mendations of the Planning Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.06 of Title 19 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by adding to Section 19.06.090B the following: "S. In residence districts, fences, walls or hedges six feet or less in height shall be permitted within the front yard_ of a through lot located between the rear line of the building and the rear lot line. Fences and walls shall..be_screened with a combination of plant materials. Screening shall be maintained or constructed to be not less than three feet nor more than six feet in height. Planting areas shall be maintained free of litter, weeds, or other debris and all dead plant material shall be replaced." Section 2. That Section 19.50.070C of Chapter 19.50 of Title 19 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by adding the following: "6. To permit the construction of a nonsolid -type security fence not to exceed ten feet in height and in addition thereto not more than three strands of barbed wire, within the required yard of property located within a business or manufacturing district, provided that the need for a security fence is demon- strated by findings and recommendations of the police department and provided further that the security fence does not interfere with or obstruct the view of motorists in the vicinity and is approved by the engineering division. Security fences shall be screened by plant material, earth- mounded berms, or a combination thereof. Screening shall be maintained at a height of not less than two nor more than three feet within any required front yard.. Planting areas shall be maintained free of litter, weeds and debris and all dead plant material shall be replaced." 59 VOLUME XLViI Section 3. That this ordinance shall be published in pamphlet form and shall become effective ten days after its publication, s/ Richard L. Verbic Richard L. Verbic, ayor Presented: February 10 1982 Passed: February lb, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: Marie Ye *man Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII Ordinance No. G13 -82 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 G3 -82 entitled "An Ordinance Amending Article IV. Entitled 'The Adoption and Administration of Position Classifications and Pay Plans' of Chapter 6 o the City Code (Ordinance No. S -569, Passed December 23, 1955) As Pertains to the Compensation Plan and to the Schedule of Standard Salary Ranges and the Official Salary Plan of the City of Elgin, Illinois, as Amended ", is hereby amended as follows: That the position titled "City Manager" be and is hereby added to Section 1, "Official Management oA' Group Salary Plan" as follows: Salary Range Position I II III IV V VI 69A City Manager 4400 Section 2. That this ordinance shall be in full force and effect as of December 27, 1981. Presented: February 10, 1982 Passed: February 10, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Ye rman Marie Yearman, City C er s/ Richard L. Verb -ic EcharU L. Verbic, Mayor D DESIGNATING MEMBERS FOR :M 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. 3 VOLUME XLVII RESOLUTION DESIGNATING MEMBERS FOR THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT HEARING COMv1ITTEE WHEREAS, Title 24, Subpart D, Section 570.303 of the Code of Federal Regulations sets standards for citizen participation in the development of Housing and Community Development Block Grant programs; and WHEREAS, the City of Elgin desires to establish a Housing and Community Development Block Grant Hearing Committee in order to hold hearings required by federal regulations; and WHEREAS, the Housing and Community Development Block Grant Hearing Committee will conduct hearings and make recommendations for the program- ming of Housing and Community Development Block Grant funds for fiscal year 1982. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following citizens shall be appointed to serve as the Housing and Community Development Block Grant Hearing Committee for fiscal year 1982: Luis Cabrera Margaret Krueger Bruce Dahlquist Edward Schock Wilbert Daniel That upon completion of all hearings required by law and submission of recommendations to the City Council the Housing and Community Development Block Grant Hearing Committee shall be discontinued. s/ Richard L. Verbic Richard L. Ver ic, yor Presented: February 10, 1982 Adopted: February 10, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie YeaWman Marie Yearman, City Clerk TION ADOPTED RATIFYING AND AUTHORIZING 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. VOLUME XLVII RESOLUTION. RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH PUBLIC SERVICES EMPLOYEE GROUP WHEREAS, representatives of the City of Elgin and representatives of the Public Services Employee Group have met and discussed wages, fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and the effected employees.. NOW, THEREFORE,; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby "ratifies -and approves the proposed agree- ment by the City of Elgin and the Public Services Employee Group, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute said agreement on behalf of the City of Elgin. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 10, 1982 Adopted: February 10, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: WA ea 3c c n _✓ s/ Marie Yearman Marie Yearman, City Clerk M Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 63 VOLUME XLViI Ordinance No. G14 -82 AN ORDINANCE AMENDING ARTICLE IV. ENTITLED "THE ADOPTION AND ADMINISTRATION OF POSITION CLASSIFICATION AND PAY PLANS" OF CHAPTER 6 OF THE CITY CODE (ORDINANCE NO. 5 -569, PASSED DECEMBER 23, 1955) AS PERTAINS TO THE COMPENSATION PLAN AND TO THE SCHEDULE OF STANDARD SALARY RANGES AND THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN, ILLINOIS, AS AMENDED WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved negotiated understandings reached by the City of Elgin's Wage and Benefit Committee and various Employee Relations Committees; and WHEREAS, the City of Elgin has agreed to implement a new schedule for Public Service Employees as described herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby added to and forming a part of Article IV of Chapter 6 of the City Code (Ordinance No. 5 -569, passed December 23, 1955), as amended,, the following amended schedule of standard salary ranges, forming the official salary plan which shall rea0as follows: OFFICIAL PUBLIC SERVICES SALARY PLAN Range Position I II III IV V VI 33 L Engineering Inspector 1667 1737 1812 1886 1969 2048 31 L Cement Finisher 1599 1667 1737 1812 1886 1869 Automotive Mechanic 29 L Electrical Worker 28 L Engineering Technician Parks Crew Leader Public Works Crew Leader 27 L Water Treatment Operator 26 L Equipment Operator 24 L Engineering Aide 23 L Automotive Service Worker Grounds Lead Worker Sanitation Utility Worker Utility Worker 21 L Parking Meter Servicer Water Meter Servicer 1538 1549 1667 1737 1812 1886 1502 1570 1630 1696 1769 1845 1468 1538 1599 1667 1737 1812 1441 1502 1570 1630 1696 1769 1384 1441 1502 1570 1630 1696 1356 1418 1468 1538 1599 1667 1302 1356 1418 1468 1538 1599 VOLUME XLVII 64 Salary Range Position II III IV V VI 20 L Grounds Laborer 1278 1327 1384 1441 1502 1570 Public Works`'Laborer Water Laboratory Assistant 18 L Service /Maintenance Laborer 1228 1278 1327 1384 1441 1502 13 L Maintenance Helper 939 979 1016 1054 1097 1142 Section 2. That effective December 26, 1982, the salary plan shall be amended by being increased eight percent (8 %). Section 3. That effective December 25, 1983, the salary plan shall be amended by being increased six and three - quarters percent (6 3/4 %'). Section 4. That effective December 25, 1983, the official salary plan can be amended to rea.as follows: If the Consumer Price Index for Urban Wage Earners and Clerical Workers in Chicago, All Items, 1967 -100, (herein called "CPI") for the month of November, 1983 has increased more than ten percent (10 %) over the preceding CPI for the month of November, 1982, the salary increase to be effective December 25, 1983, shall be eight percent (8 %) instead of the six and three- quarters percent (6 3/4 %) increase as reflected in the figures above, or If the Consumer Price Index for Urban Wage Earners and Clerical Workers in Chicago, All Items, 1967 -100, (herein called "CPI ") for the month of November, 1983 has increased less than five percent (5 %) over the preceding CPI for the month of November, 1.944, the salary increase to be effective December 25, 1983 shat be four and one- quarter percent (4 1/4 %) instead of the six and three- quarters percent (6 3/4 %) increase as reflected in the figures above. Section 5. That all other ranges in the 'L.' schedule of standard salary ranges be and are hereby amended accordingly and that the City Manager is hereby authorized and directed to prepare the appropriate schedules reflecting for foregoing amendments to salary ranges of the City of Elgin. Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. That this ordinance shall be in full force and effect as of December 27 1981. M Presented: February 10, 1482. Passed: February 10, 1982 Vote:, Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea man Marie Yearman, City Clerk VOLUME XLVII s/ Richard L. Verbic Richard L. Verbic, Mayor AUTHORIZATION OF PAYMENTS TO VARIOUS VENDORS National League of Cities Dues for 1982 $ 2,121.00 United Diesel Service Bus #¢8085 Repairs 5,264.24 Wessene Zewde Residential Rebate 3,727.50 Miguel Falcon Residential Rebate 2,295.21 Councilwoman Nelson made a motion, seconded by Councilman Schmidt, to approve the aforementioned payments. Yeas: Councilmen Gillian, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ACCEPTANCE OF UNDERGROUND UTILITIES IN BURNIDGE BIG TIMBER PARK Councilman Waters made a motion, seconded by Councilman Kirkland, to accept the underground utilities in Burnidge Big Timber Park. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Building Permit Report for January, 1982 Public Works & Engineering Report for November /December, 1981 Parking Lot Revenues January 1, 1981 through December 31, 1981 Budget Summary Councilman Gilliam made a motion, seconded by Councilman Waters, to place the above reports on file. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII 66 RECOGNIZE PERSONS PRESENT Attorney Jim Hallock, representing Mr. and Mrs. Timothy O'Day, stated, I had originally thought that I was placed on the Committee of the Whole session and was told that it would be more appropriate if I came here this evening before this meeting of the City Council. I was here on November 16th, before the Committee of the Whole, with respect to the problem my clients are experiencing in that their garage extends 9 feet into the public right -of -way. The property being located at the corner of Michigan and Gifford Place. brought along this evening a copy of a plat of survey and a copy of the neighborhood plat, which I will pass around. At the time I was here in November I explained that we had -a problem in that we were unable to clear the title with this encroachment of the garage on to the public right -of -way. At that time we had a possible sale pending with a gentlemen who intended to move here from Chicago. I had asked at that time that the city vacate that portion of the public right -of -way. At that meeting the City Council said we don't want you to lose this sale, we want you to be able to go ahead and sell your house but we are not ready at this time to grant a plat of vacation, giving you the 120 square feet. Go back and talk to your purchaser and see if you can work this out on some type of lease. We went back to the purchaser, tried to work it out and the lease arrangement was not sucessful, he ultimately bought a piece of property several weeks later up in the McHenry area. At this point we have not been able to locate another buyer, but we are quite confident that this problem will come up again with respect to the garage. I am here tonight to ask the Council if they would actually give these residents that 120 feet upon which their garage is located. The Mayor and Council requested that an ordinance reflecting the requested vacation be prepared and presented to them. Mayor Verbic introduced Tim Krug a member of Boy Scout Troop No. 14, who was present to observe tonight's meeting. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. COMMITTEE OF THE WHOLE MEETING RESUMPTION Councilwoman Nelson made a motion, seconded by Councilman Gilliam, 67 VOLUME XLV11 to go back into the Committee of the Whole Meeting. Yeas: Councilmen" Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ADJOURNMENT There being no further business to come before the Elgin City Council, Councilman Gilliam made a motion, seconded by Councilman Schmidt, to adjourn the meeting. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:00 P.M. UJC ems; Marie Yearmahl, City C er VOLUME XLVII February 24, 1982 68 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 24, 1982, at 9:00 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, and the Pledge of Allegiance wa.s led by City Clerk Marie Yearman. 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 FEBRUARY 10, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Nelson, to approve the February 10, 1982 Council. Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR GOLF CARTS Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to award the bid for four gasoline operated golf carts to the low bidder, Nadler Golf ,Car Sales, for the sum of $6800.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR TURF TRACTOR Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to award the bid for one turf tractor for Spartan Meadows to the low bidder, Payline West Inc., for the sum of $7739.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR ANNUAL TIRE REQUIREMENTS Councilwoman Nelson made a motion, seconded by Councilman Hansen, to award the bid for automobile tires to Bunge's Tire Center, the bid for police pursuit radials to Broadway Tire & Supply, and the bid for truck, tractor and other off -road type tires to Rohiwing Bros. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 69 VOLUME XLVII BID AWARDED FOR REPAIR TO DEEP WELLS Councilman Gilliam made a motion, seconded by Councilman Hansen, to award the bid for repairs to deep well 3A, at the Airlite Water Treatment Plant, to the low bidder, Layne-Western Company, for $17,427.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to pass the aforementioned ordinance. Denny Dunton of 415 North Worth stated, it seems to be an almost knee -jerk process, and I think I speak for a lot of golfers in the community, if there is an increase, and it is natural in any government body, for costs of parks and recreation, that the first group you go to is golfers. We are suggesting several things. Last up $20.00 and we were told the golf pro and the quality of play for everyone. Wing Park and I have seen none of this. abominable, no spraying and mowing seem increase the cost to the player and yet year we saw golf fees go will improve services I play exclusively at Weed control was s to be a problem. You you decline the services. You are asking to do the same thing again and I think l speak for a lot of golfers when I ask that we look for some alternative ways Let's spread these costs around into some of the other areas. r E. I VOLUME XLVII When was the last increase in tennis fees, in to the swimming fees and in to the softball diamond use. These are the other consumers of the Elgin community in the parks and recreation area. Let's spread the costs around equitably, that is all we are asking. Councilman Gilliam stated, 1 have had some people call me and indicate they are concerned about Wing Park because they consider it a step- child, that the emphasis has been put on Spartan Meadows and Wing Park is kind of an after thought. Phil Bennett stated, we have had many compliments on Wing Park this past summer, and we must have done something: right because our play was up 5,221 rounds than the previous year. The complaints we have received about this park is that we did not have proper supervision and there were not enough starters. David White stated, kids are getting on the greens without paying, groups ;of:three to four people are playing, out of one golf bag, and sometimes you get out to the second hole and there are four foursomes sitting around waiting to go through. The kids are destroying the greens and there is no body out there to watch it at all. Councilman Hansen stated, I just have one request from two golfers. They thought you could really increase revenue if you had a nine hole fee for Sunday afternoons at Spartan. Mayor Verbic stated, I appreciate the time taken by these two gentlemen<in coming down tonight and giving their comments and observations, which will be directed to the staff and golf pro. Perhaps the staff could also come back, with a recommendation for a nine hole fee at Spartan on Sunday afternoons. Mayor Verbic called for the vote. Yeas:: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 70 71 VOLUME XLVII Ordinance No. G15 -82 AN ORDINANCE ESTABLISHING FEES AND CHARGES AT THE MUNICIPAL GOLF COURSES OF THE CITY OF ELGIN FOR THE 1982 GOLF SEASON AND ESTABLISHING CERTAIN POLICIES RELATIVE TO THE OPERATION OF SUCH COURSES WHEREAS, the City Council has determined that it is necessary and proper to establish a new fee schedule and other policies relative to the operation of the municipal golf courses of the City of Elgin for the 1982 golf season. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the following fees and charges be, and the same are hereby established for the two municipal golf courses for the 1982 season, to -wit: SEASON PASSES SPARTAN MEADOWS AND WING PARK Adult (age 16 and over) Senior (62 years and over) Youth (high school student or age 15 and under) WING PARK ONLY Adult (age 16 and over) Senior (62 years and over) Youth (high school student or age 15 and under) $275.00 $145.00 plus course fee $110.00 plus course fee $145.00 $ 83.00 plus course fee $ 55.00 plus course fee The course fee shall be paid each time a senior or youth pass is used on Saturday, Sunday or a legal holiday, regardless of the number of holes played and shall be $1.25. DAILY FEE SPARTAN MEADOWS Adult (week days) Youth & Senior (week days) Adult, Youth and Senior (Sat., Sun., Holidays) Twilight 3:00 p.m. League Rate (week days) WING PARK Adult (week days) Youth & Senior (week days) Adult, Youth and Senior (Sat., Sun., Holidays) Twilight 3:00 p.m. League Rate (week days) Double Round Week Day Adult Double Round Sat., Sun;, Holidays 18 'Holes 9 Holes Twilight $ 6.50 $ 4.00 $ 5.50 $ 3.00 $ 9.00 $ 4.00 $ 4.00 $ 4.00 $ 6<00 18 Holes 9 Holes Twilight $ 4.00 $ 5.00 $ 3.00 $ 4.00 $ 5.50 $ 5.50 $ 3.50 $ 6.00 $ 8.50 F. Youth passes will be valid week days prior to twilight time except Tuesdays and Thursdays twilight time at Wing Park, and valid Saturdays, Sundays and Holidays, after 11:00 a.m. SENIOR PASSES Senior passes good at all times. DISABLED PERSONS DISCOUNT Senior citizen rates shall be available to adults not otherwise qualifying as senior citizens upon application which includes the following information: 1. Name and age of applicant. 2. Notarized affidavit by applicant that applicant is unable to work, full or part time, due to physical disability. 3. Written statement from licensed physician stating that the applicant is physically disabled and unable to work full or part time. TWILIGHT TIME Spartan and Wing: 4 :00 P.M. from June 1 through Labor Day; at all other times 3:00 P.M. Rate at Spartan entitles player to one or more rounds. Rate at Wing entitles player to one round only. GROUP DISCOUNTS For groups of 16 or more not using season tickets, a discount of $1.00 from the applicable 18 hole rate may be granted at the discretion of the Director of Public Property and Recreation, For groups of 50 or more not using season tickets, the Director of Public Property and Recreation, in his discretion, is authorized to grant an additional discount not to exceed $,50. Section 2. That self - propelled golf carts shall be permitted on the Spartan Course and Wing Course. POST LABOR DAY Spartan Weekend Fees Wing Weekend Fees 18 Holes 9 Holes Twilight 18 Holes 9 Holes Twilight $ 5.75 $ 3.45 $ 4.60 $ 5.75 $ 3.45 $ 3.45 SCHOOL TEAM RATES School golf rate to the $250.00 per team per school season. YOUTH PASSES Youth passes will be valid week days prior to twilight time except Tuesdays and Thursdays twilight time at Wing Park, and valid Saturdays, Sundays and Holidays, after 11:00 a.m. SENIOR PASSES Senior passes good at all times. DISABLED PERSONS DISCOUNT Senior citizen rates shall be available to adults not otherwise qualifying as senior citizens upon application which includes the following information: 1. Name and age of applicant. 2. Notarized affidavit by applicant that applicant is unable to work, full or part time, due to physical disability. 3. Written statement from licensed physician stating that the applicant is physically disabled and unable to work full or part time. TWILIGHT TIME Spartan and Wing: 4 :00 P.M. from June 1 through Labor Day; at all other times 3:00 P.M. Rate at Spartan entitles player to one or more rounds. Rate at Wing entitles player to one round only. GROUP DISCOUNTS For groups of 16 or more not using season tickets, a discount of $1.00 from the applicable 18 hole rate may be granted at the discretion of the Director of Public Property and Recreation, For groups of 50 or more not using season tickets, the Director of Public Property and Recreation, in his discretion, is authorized to grant an additional discount not to exceed $,50. Section 2. That self - propelled golf carts shall be permitted on the Spartan Course and Wing Course. 73 VOLUME XLVII Section 3. That the City shall stock and sell a line of golf supplies and sell food and non - alcoholic beverages, except as otherwise provided by ordinance, on both courses; that golf leagues shall be promoted and golf tournaments encouraged at both courses. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. 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, yor Presented: February 24, 1982 Passed: February 24, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s �. C-�� s/ Marie Yea an Marne Yearman, City er RESOLUTION ADOPTED ESTABLISHING FEES FOR THE USE OF SWIMMING POOLS OF THE CITY OF ELGIN 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 XLVII RESOLUTION ESTABLISHING FEES FOR THE USE OF SWIMMING POOLS OF THE CITY OF ELGIN WHEREAS, the Parks and Recreation Board of the City of Elgin has recommended to the City of Elgin that the fees for the use of swimming pools of the City of Elgin be revised and established as hereinafter set forth; and WHEREAS, the City Council of the City of Elgin concurs with said recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the fees for the use of City of Elgin swimming pools be and are hereby established as follows: Children Adults (16 and over) Family Rates (family of 2) Presented: February 24, 1982 Adopted: February 24, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: �cs s/ Marie Yearan Marie earman, ity e-r RESOLUTION SEASON DAILY FAMILY SWIM $20.00 $1.50 $2.00 $25.00 $2.00 $2,50 $40.00 $ 1.00 for each additional family member s/ Richard L. Verbic Echard E. Verbic, Mayor [ZING EXECUTIO 74 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. 75 VOLUME XLVII RESOLUTION AUTHORIZING EXECUTION OF A FINANCIAL ASSISTANCE GRANT AGREEMENT WITH THE REGIONAL TRANSPORTATION AUTHORITY 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 Financial Assistance Grant Agreement on behalf of the City of Elgin 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, er ic, or Presented: February 24 1982 Adopted: February 24, 1982 Vote- Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yeatan Marie Yearman, MT TIER ORDINANCE PASSED AMENDING CERTAIN PROVISIONS OF THE ELGIN MUNICIPAL CODE DEALING WITH STORMWATER CONTROL 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. VOLUME XLVII Ordinance No. G16 -82 ,AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE ELGIN MUNICIPAL CODE DEALING WITH STORMWATER CONTROL WHEREAS, uncontrolled development increases flooding hazards; and WHEREAS, to protect life and property the City Council of the City of Elgin has determined that it is necessary and desirable to control certain developments in flood prone areas; and WHEREAS, the City of Elgin must amend its flood control regulations no later than March 1, 1982 to retain its participation in the Federal Flood Insurance Program; and WHEREAS, the City Council of the City of Elgin has determined that it is urgent that this ordinance take effect immediately to ensure con- tinued flood insurance coverage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section la That Chapter 18,08 entitled "Definitions" be and is hereby amended as follows: "18.08 Definition 18,08.012 Base Flood. "Base Flood" means the flood having a one - percent probability . of being equalled or exceeded in any given year. The base flood is also known as the 100 year flood. The base flood elevation at any location is as defined in Chapter 18°36. 18.08°014 Building. "Building" as it relates to Chapter 18°36 means a structure within a Special Flood Hazard Area that is principally above ground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank in order that such tanks will be constructed to the same flood damage protection standards. The term includes a mobile home or prefabricated building which is affixed on a permanent site and connected to the required utilities. The term does not include recreational vehicles or travel trailers. 18;08°072 Development. "Development" means any manmade change to real estate, including: (i) construction, reconstruction, or placement of a building or an addition to a building valued at more than $1,000; (ii) installing a mobile home on a site or preparing a site for a mobile home; (iii) drilling, mining, installing utilities or facilities, con- struction of roads, bridges or similar projects valued at more than $1,000; 76 (iv) construction or erection of levees, walls, or fences; (v) filling, dredging, grading, excavation, or other non - agricultural alterations of the ground surface; (vi) storage of materials; or (vii) any other activity that might change the direction, height, or velocity of flood or surface waters. "Development" does not include: (i) maintenance of existing buildings and facilities such as re- roofing or re- surfacing roads; (ii) repairs made to a damaged building that do not change the building's exterior dimensions and that are valued at less than 50% of the value of the building before the damage occurred; (iii) gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees; or (iv) agricultural development activities on farms including farm residences as exempted by law. 18.08.100 Flood. "Flood" means a general and temporary condition of inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. 18.08.110 Flood Protection Elevation. "FPE" or "Flood Protection Elevation!' means the elevation of the base flood plus one foot at any given location in the SFHA. 18.08.120 Floodway. " Floodway" means that portion of the SFHA required to store and convey the base flood, If not prohibited, building or placing obstruc- tions in a floodway will increase flood damages to other properties. 18.08.262 Special Flood Hazard Area. "SFHA" or "Special Flood Hazard Area" means those lands within the jurisdiction of the city that are subject to inundation by the base flood. The SFHA's of the city are generally identified as such on the Flood Insurance Rate Maps (FIRM) prepared by the Federal Insurance Administration and dated 4- 1 -82." Section 2. That Chapter 18.36 entitled "Stormwater Control" of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 3. That Chapter 18.36 be and is hereby added to the Elgin Municipal Code, 1976, as amended, as follows: "18.36 Stormwater Control 18.36.010 Applicability of Provisions. A. This chapter supplements Titles 16 and 19 of this code and the requirements contained in this chapter are in addition to the require- ments of such regulations. B. The provisions of this chapter regulate and restrict the follow- ing: 1. The subdivision, layout, and improvement of land, including drainage, underground utilities, and service facilities; 2. The excavating, filling, and grading of lots and other parcels and areas subject to flooding; the storing of certain materials thereon stream and other stormwater runoff channels; and detention areas; 3. The location, construction, and elevation of buildings and other structures and parts and appurtenances thereof, and the drainage of parking and other paved lots or areas; 4. The location and extent of areas along streams and water f channels which are subject to inundation and commonly known as Special Flood Hazard Areas (SFHA). 18.36.020 Purpose. It is recognized that uncontrolled development increases flooding hazards and damage. The purposes of this chapter are, in addition to those listed in 18.04.030, as follows: A. to prevent unwise developments from increasing the flood or drainage hazards to others; B. to protect new buildings and major improvements to buildings from flood damage; C. to protect human life and health from the hazards of flooding; D. to lessen the burden on the taxpayer for flood control projects, repairs to flood damaged public facilities and utilities, and flood rescue and relief operations; E. to maintain property values and a stable tax base by minimizing the potential for creating flood blight areas; F. to make federally subsidized flood insurance available for property in the City; and G. to provide for the orderly growth and development pursuant to the City's comprehensive plan of an environment that is especially sensitive to changes from human activity. 18036,030 Base Flood Elevation. This chapter's protection standard is the base flood according to the best data available to the Illinois State Water Survey's Floodplain Information Repository. Whenever a party disagrees with the best available data, he may finance the detailed engineering study needed to replace existing data with better data and submit it to the State Water Survey. A. The base flood elevation for the SFHAs of The Fox River and Poplar, Willow and Tyler Creeks and Tyler Creek Tributary shall be as delineated on the 100 year flood profiles in the Flood Insurance Study of the City prepared by the Federal Insurance Administration and dated 9 -1 -81. B. The base flood elevation for each of the remaining SFHAs delineated as an "A Zone" on the Flood Insurance Rate Map shall be the 100 year flood depth calculated by the City Engineer or the State Water Survey according to the formulas presented in Depth F Frequency of Floods in Illinois published by the U.S. Geological Survey, 7� Co The degree of flood protection required by this chapter is con- sidered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes. This chapter does not imply that development either inside or outside of the SFHA will be free from flooding or damage. This chapter does not create liability on the part of the City or any officer or employee thereof for any flood damage that results from reliance on this Chapter or any administrative decision made lawfully thereunder. 18.36.040 Development and Improvement° The preliminary plans of each proposed development shall provide pertinent information on those areas abutting or adjacent to the project which may affect or be affected by the development of the site. The following information and data on existing conditions shall be furnished: A. Contour Map. A two -foot °interval contour map of the land to be developed or subdivided and such adjoining land whose topography may affect the layout or drainage of the development or subdivision. On such map shall be shown the following: le The flowlines of streams and other stormwater runoff channels and the established high water elevation lines; 2e Normal boundary lines of lakes, ponds, swamps, and other detention areas and the high water elevation boundary lines; 3e Field drain tiles including inlets and outfalls; 4e Storm, sanitary, and combined sewers including all pertinent engineering data; 5e Septic tank systems including outlets; 6. Springs and wells; 7, Sgil and water table conditions. B. Undetermined Elevations. Where a limited number of high water observations or determinations have been established on a stream, channel, or lowland, the subdivider's engineer shall extend or project the established high water elevation based on existing contours for the area:; If high water elevations have not been determined and recorded, as in a lowland, an elevation will be determined using past experience and sound engineering judgment. C. Comprehensive Drainage Plan. A comprehensive drainage plan shall be designed and submitted and shall provide the following: 1. The location of watersheds, including their extent and area, wholly or partially contained on the proposed development; 2. The existing and proposed storm sewer system, including design calculations; 3. The locations within the development where storm sewer backup, overflowing, or temporary street storage may occur; 4. Existing streams and stormwater runoff channels to be maintained, enlarged, altered or eliminated; and new channels to be constructed, their locations, cross sections and profiles; 5. Existing culverts and bridges, and the adequacy of those ` waterway openings; and new culverts and bridges to be built, ` their materials, elevations, waterway openings and basis of design; 6. Existing detention areas to be maintained, enlarged, or altered; and proposed detention areas; 7.. The soil conditions within the proposed development; 8. A copy of the data and engineer's and owner's certificate as required by state law according to Chapter 109 of the Illinois Revised Statutes; 9. All appropriate design calculations and design criteria as may be required by the city engineer. 18.36.050 Drainage Design Criteria. The following design criteria shall govern the design of develop- ments and subdivisions with respect to the drainage of stornwater runoff. A. Generally. Streets, blocks, depth of lots, parks, and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams, channels, and detention areas. B. Channel Straightening. Sharply meandering streams or channels may be partly straightened and minor changes made in other channels, subject to approval of the city council, with the following provisions: 1. The dimensions of the stream or channel are maintained; 2. The volume of stormwater storage outside the channel is not reduced; 3. The changes and channels comply with the provisions stated in this chapter; and 4. Approval is obtained from all other regulating govern- mental agencies. Ca Lesser Channel Locations. Generally acceptable locations of the lesser stormwater runoff channels in the design of a subdivision include the following: 1. In a depressed median of a boulevard or parkway, provided the median is wide enough to permit flat side slopes-, 2. Centered on the rear lot lines in a block, or entirely within the rear yards of a single row of lots or parcels, provided in either case the lots are deep enough to permit flat side slopes along the lesser channel and a building site above the BFE plus one foot exists on the front part of the lot. In each of the foregoing cases, a drainage easement a minimum distance of twenty -five feet from each side of the normal edge of the watercourse, as determined by the city engineer, shall be provided and shall conform substantially with the lines of said watercourse and shall be shown on the plate The easement shall permit necessary public channel maintenance and improvement work and access of equipment; however, said easement shall prohibit buildings and other obstructing structures thereon by the owner. D. Uppermost Reaches of Drainage Channels. The smaller uppermost reaches of drainage channels and swales forming the natural drainage system near the watershed divide may be relocated or eliminated and incorporated into the planned system of storm sewers and /or open channels upon demonstration that the system is adequate and can safely handle the stormwater runoff following the heavier rainstorms to the satisfaction of the city engineer. E. Within -block Drainage. A continuous easement shall be provided along all rear lot lines and drawn on the subdivision plat within which utility lines and drainage may be located and maintained, but on which no accessory buildings may be located or built. The utility- drainage easement shall be at least ten feet wide, five feet on each lot. FD Special Flood Hazard Area Lots. Land lying partially or totally in the Base Flood Area may be laid out and planned as building lots or parcels, provided a building site not lower than the base flood eleva- tion plus one (1) foot: la exists on the high part of the lot or parcel; or 2. will be built up during execution of the subdivision improve- ment plan through general excavation or filling; or 3. can be provided with excavation taken from within the area of the lot or parcel, Go Compensatory Storage. Such filling as may be required or permitted in this title for a five (5) acre or more building site, or as may other - wise be done in the base flood area, which eliminates space previously available for storing and moving floodwater, shall be compensated for or balanced by at least an equal volume of excavation in the base flood area below the base flood elevation. In the case of streams and channels, such excavation shall be made opposite, immediately adjacent or just upstream to the area so filled. The compensatory storage area, when excavated and constructed, shall drain freely and openly to the water course. Compensa- tory storage shall not be required for developments under five (5) acres in total size, H. Street pavements Near Streams, The crown of street pavements hereafter built adjoining or near streams, stormwater runoff channels, or detention areas, shall not be lower than the base flood elevation plus one (1) foot. I. Detention Area Dams. Dams constructed to form floodwater deten- tion areas, basins, or lakes shall be designed to maintain a temporary stormwater storage pool following periods of runoff according to the capacity of the downstream channel to carry the flow adequately. J. Storm Sewers and Open Channels. The design of storm sewer systems and open channels shall be based upon the "Rational Method" using the equation i=CiA, and the 'Manning Formula" using the equation V ®1,486R2/3xS1/2no The rainfall intensity, "i," shall be taken from the appropriate curve for the Elgin area as published by the National Weather Service or the State Water Survey, The time of concentration, "t," to the first pickup point in a system in residential areas shall be t -15 minutes as a minimum. In all other areas, the initial time of concentration shall be determined by an appropriate overland flow chart. The following runoff coefficient, "c," shall be used in single - family residential areas: Average Lot Size (In square feet) "c" 7,500 or less O.40 7,501- 10,000 Oa35 Over 10,000 0.30 For multifamily residential, commercial, and industrial areas, the runoff coefficient shall be as determined by acceptable design practices, le Storm sewers shall be designed to flow just full for the five -year intensity- duration- frequency curve. The maximum allowable width of the street gutter flow from the face of the curb shall be limited to eight feet, 20 An overall drainage area layout plan showing the limits of °- the contributing runoff area, broken down, into areas contributing to each drainage pickup point, shall be submitted with the paving and drainage plans, Drainage design within the development shall be adequate to handle the entire contributing watershed area, and its existing, proposed and probable future development, and not the area under submission only. 3. Whenever a storm drainage system for a proposed subdivision or commercial development is designed to outlet into an existing storm sewer system, the existing storm sewer system must be shown by calculations to be adequate to carry the proposed additional flow. 4. Storm drainage culverts shall be designed to conform to the requirements of the State Department of Transportation. 5. Open channels shall be designed with a minimum freeboard of two feet and a maximum velocity of fifteen feet per second. 6. The maximum allowable outlet velocity for storm sewers without an outfall energy dissipater shall be twelve feet per second. 7. Minimum pipe size for culverts and storm sewers shall be twelve inches inside diameter with a minimum cleanout velocity of two feet per second. 8. Manhole and/or catchbasin spacing between straight runs of pipe shall be limited to a maximum spacing of three hundred feet for sewers thirty -six inches or less in diameter; and a maximum of five hundred feet for sewers over thirty -six inches in diameter. 18.36.060 Development Permit. No person, firm, or corporation shall commence any development in the SFHA without first obtaining a development permit from the city engineer. The city engineer shall not issue a development permit if the proposed development does not meet the requirements of this chapter. A. Application for a development permit shall be submitted to the city engineer and shall be accompanied by drawings of the site, drawn to scale showing property line dimensions; and 1. existing grade elevations and all changes in grade resulting from excavation or filling; Z. the direction of flow of surface drainage and flood flows; 3. the location of all watercourses and drainage facilities; 4. the location and dimensions of all buildings and additions to buildings; and 5. the elevation of the lowest floor (including basement) of all buildings subject to the requirements of section 18.36.070 of this chapter, B. Upon receipt of an application for a development permit, the city engineer shall compare the elevation of the site to the base flood elevation. Any development located on land higher than the base flood elevation is not in the SFHA and therefore not subject to the require- ments of this chapter. C. The city engineer' -shall inform the applicant of any and all other local, state, and federal permits that may be required for this type of development activity. The development permit will only be issued on the condition that; the other specified permits are obtained. The city engineer shall not approve a Certificate of Occupancy unless all required permits have been obtained. D. All new development- proposals in the'Special Flood Hazard Areas shall be reviewed and bpproved by the city engineer. The city engineer's review is to ensure the followings 1. new development will not change the flow of flood or other surface drainage waters'so that other properties become more susceptible to damage; 2. new developments will not create special hazards or nuisances when flooded; and 3. new buildings and major improvements to existing buildings will not be subject to damage by the base flood. E. No development in the SFHA shall create a damaging or potentially damaging increase in flood heights or velocity. 1. For development proposals located in an identified floodway or within a riverine SFHA where the floodway has not yet been identified, the following rule shall apply: The city engineer shall review the development plans to discern if (a) a new obstruction to flood flows would be created; (b) the project will involve a channel crossing such as a bridge or pipeline; or (c) the project will modify the shape of the channel. If any of these three situations will result from the project, the applicant shall be required to obtain a permit from the Illinois Depart - ment of Transportation, Division of Water Resources, issued pursuant to Ill. Rev. Stat., Cho 19, sec. 70. The city engineer shall not issue a development permit unless the applicant has obtained either a Sec- tion 70 permit or a "waiver of permit required" from the Division of Water Resources, 2. For development proposals located in a flood fringe, "AO Zone ", or "AH Zone" identified as such on a SFHA map or in a lakefront floodplain, ponding area, area of sheet flow, or other SFHA not subject to overbank flooding from an identified channel, the requirement of this subsection E.1 shall not apply. F. No development in the SFHA shall include locating or storing chemicals, explosives, bouyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE unless such materials are stored in a storage tank or floodproofed building constructed accord- ing to the requirements of this chapter. G. New replacement sanitary sewer lines and on -site waste disposal system may be permitted providing all manholes or other above ground openings located below the FPE are watertight. 18.36.070 Building Regulations. A. In addition to the damage prevention requirement of Section 18.36.060 all buildings to be located in the SFHA shall, except where provided herein, be constructed at an elevation not lower than the base flood elevation plus one (1) foot, otherwise known as the Flood Protec- tion Elevation (FPE) and shall be protected from flood damage below the FPE:. This building protection requirement applies to the following situations: to construction or placement of a new building valued at more than $1,000; 2. improvements made to an existing building that increase the first floor area by more than 500; 3. reconstruction, repairs or improvements made to a damaged building that are valued at or more than 50% of the value of the building before the damage occurred, and 4 installing a mobile home on a new site or a new mobile home on an existing site. This building protection requirement does not apply to returning a mobile home to the same site it formerly lawfully occupied. B. This building protection requirement may be met by any one of the following methods. 1. A building may be constructed on permanent land fill in accordance with the following: (a) The area to be filled shall be cleared of all standing trees, brush, down timber, trash, and other growth or objects unsuitable for use as foundation material. (b) The fill shall be placed in layers no greater than 1 foot deep before compaction. (c) The surface of the fill shall be at or above the FPE. The fill shall extend at least 10 feet beyond the foundation of the building before sloping below the FPE. (d) The fill shall be protected against erosion and scour during flooding by vegetation cover, rip rap, or bulkheading. If vegetative cover is used, the slopes shall be no steeper than 3 horizontal to 1 vertical. (e) The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties. (f) The city engineer shall maintain a record of the "as built" elevation of the lowest floor of time building. 2. A building may be elevated in accordance with the following: (a) The building or improvements shall be elevated on stilts, piles, walls, crawl space, or other foundation that is permanently open to flood waters and not subject to damage by hydrostatic pressures. (b) The foundation and supporting members shall be anchored, shaped and aligned so as to minimize exposure to known hydrodynamic forces such as current, waves, and floating debris. All mobile homes to be placed within Zone A on the Flood Insurance Rate Map (FIRM) shall be anchored to resist flotation, collapse, or lateral movement by providing over- the-top and frame ties to ground anchors. Specific require- ments shall be that 1. over- the -top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; 2. frame ties to be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; 3. all components of the anchoring system be capable of carrying a force of 4,800 pounds; and 4. any additions to the mobile home be similarly anchored. (c) All areas below the FPE shall be constructed of materials resistant to flood damage. The bottom of the joists of the lowest floor and all utility meters shall be located at or above the FPE. (d) The city engineer shall maintain a record of the "as built" elevation of the lowest floor. (e) No-area below the FPE shall be used for storage of items or materials subject to flood damage unless such items or materials are declared "property not covered" by a Standard Flood Insurance Policy of the National Flood Insurance Program. (f) Any future alteration of the area below the FPE that violates the requirements of this Section 2 shall be deemed a violation of this chapter. The city engineer shall inform the applicant that any such alteration is considered a willful act to increase flood damages and therefore will cause coverage by a Standard Flood Insurance Policy to be suspended. (g) No mobile home may be placed on a new site located within an identified floodway. 3. A non - residential building may be floodproofed in accordance with the following: (a) A registered Professional Engineer shall certify that the building has been designed so that below the FPE, the structure and attendant utility facilities are water -tight and capable of resisting the affects of the base flood. The building design shall take into account flood velocities, dura- tion, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impacts from debris or ice. (b) Floodproofing measures shall be operable without human intervention and without an outside source of electricity, (c) The city engineer shall maintain the engineer's certificate and a record of the "as built" elevation to which the building was floodproofede C. The city council shall take into account flood hazards to the extent that they are known, in all official actions related to land manage- ment, use and development, to The city council shall not approve any annexation agreement or plat of subdivision located outside the corporate limits unless such agreement or plat is in accordance with the provisions of this chapter. The city engineer shall obtain the best available SFHA maps and data for the unincorporated areas. 20 New subdivisions, mobile home parks, and planned unit develop- ments (PUDs) shall meet the requirements of this chapter. Plats or Plans for new subdivisions, mobile home parks, and planned unit developments (PUDs) shall include a signed statement by a Registered Professional Engineer that the plat or plans account for changes in the drainage of surface waters in accordance with the Plat Act (I11, Rev. State, 1979, Cho 109, par. 2)a 3. Plats or plans for new subdivisions, mobile home parks, and planned unit developments (PUDs) shall display the following flood data: (a) the boundary of the SFHA; (b) the boundary of the floodway, if shown on available SFHA maps; (c) easements of lands dedicated to the City for access for channel maintenance purposes; and (d) the FPE for each building site. Where the Base Flood Elevation is not available from an existing study filed with the Illinois State Water Survey, the applicant shall be responsible for calculating the FPE and submitting it to the State Water Survey for review and approval as best available elevation data. 4. Plans for the development activities to be undertaken by the City in the SFHA shall be reviewed by the city engineer to ensure that they comply with this chapter. Except as exempted by law, no other local government shall commence any development activity in the SFHA without first obtaining a development permit from the city engineer, S. The Department of Community Development shall take the following into consideration when preparing or revising the compre- hensive plan, comrmmity development program, housing assistance plan, and other land use or development programs: (a) preserving SFHA land for open space uses such as farming or recreation; (b) acquiring and removing frequently flooded buildings; (c) prohibiting hospitals, water treatment plants, natural gas storage and other critical or especially hazard- ous facilities from locating in the SFHA; (d) identifying the elevations of the Base Flood and past floods at entrances to public buildings, on street signs, or other prominent locations; and (e) other flood hazard mitigation or floodplain management activities that could help accomplish the purposes of this chapter. 18.36_080 Stormwater Detention Areas -- Purpose and Findings. A. It is recognized that many of the receiving streams and lowland areas within the City do not have the capacity to receive and convey the increased stormwater runoff resulting from urbanization occurring in many areas. These receiving streams or lowlands are subject to periodic inundation which results in a growing rate of property damage. B. It is the intent of this section to require developers to participate in providing detention area storage to eliminate excessive runoff during heavy storm periods. Other control methods which would be acceptable to regulate the rate of stormwater discharge include detention on flat roofs, parking lots, streets, lawns, underground storage, and oversized storm sewers with restricted outlets. C. It is recognized that in order to better serve the long -range interests of the City, comprehensive basin -wide planning for stormwater control shall be followed as determined by the city engineer. This com- prehensive drainage plan may require that a single large detention area serve several parcels as determined by the city engineer. Comprehensive basin -wide drainage planning is far more beneficial than individual onsite detention, although onsite detention does provide protection and is acceptable for compliance with this chapter. 18.36.090 Stormwater Detention Areas -- Requirements. Pursuant to the provisions of this chapter, no final plat shall be approved unless detention of stop water runoff is provided as set forth in the following criteria. A. A combination of storage and controlled release of storm water runoff is required for all commercial developments exceeding two acres in area; and for all residential developments exceeding five acres in area. However, a residential development of five acres or less must have an adequate outlet as determined by the city engineer. If the outlet is not adequate, then detention, as determined by the city engineer, will be required to store that portion of the runoff exceeding the outlet capacity. B. The release rate of stormwater from all developments requiring detention shall not exceed the stormwater runoff rate from the area in its natural undeveloped state. The city will accept a release rate of not greater than that calculated from a storm of five -year frequency with a runoff coefficient of 0.15. C. Drainage systems shall have adequate capacity to bypass through the development the flow from all. upstream areas for a storm of five -year frequency assuming that the land is in a fully developed state under present zoning or zoning proposed under a comprehensive plan. The bypass flow rate shall be computed utilizing a runoff coefficient of not less than 0.45. An allowance will be made for upstream detention when such upstream detention and release rate has previously been approved by the City and that evidence of its construction can be shown, D. The detention storage volume to be provided will be calculated on the basis of the one hundred -year storm, for any and all durations, from the fully developed drainage area tributary to the reservoir, less that volume discharged during that same duration at the approved release rate. E. Sample calculations reflecting the provisions of this section will be furnished by the city engineer upon request." Section 4. That Chapter 18.48 entitled " Variations and Exceptions" be and is hereby amended to read as follows: "18.48 Variations and Exceptions. 18.48.010 Generally. The land use and subdivision hearing examiner may approve variations from these requirements in specific cases which do not affect the general plan or the intent of this title. Such decisions may be appealed -in writing to the land use committee for review. A. No variance shall be granted for any construction or development located wholly or partially within a SFHA unless "the applicant demonstrates that: 1. he;de°aelopment activity cannot be 'Located outside the SFHA; 2. a substantial economic hardship would result if the variance were not granted; 3. the relief requested is the minimum necessary; 4. there will be no additional threat to public health or safety or creation of a nuisance; S. there will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities; and 6. the provisions of subsection 18.36.060(C) of this chapter can still be met. B. The city engineer shall notify an applicant in writing that a variance from the requirements of Chapter 18.36 that would lessen the degree of protection to a building will: I. result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; 2. increase the risks to life and property; and 3. require that the applicant proceed with knowledge of these risks and that he will acknowledge in writing that he assumes the risk and liability. C. A variance from the requirements of Chapter 18.36 may be granted to permit a "wet floodproofed" building, that is: a building to be intentionally flooded during a flood, provided: 1. No part of such a building below the FPE may be subject to flood damage. 2. The variance shall be conditioned on the contents being: (a) of materials resistant to flood damage; or (b) items declared "property not covered" by a Standard Flood Insurance Policy of the National Flood Insurance Program; or (c) readily moveable to a place of protection during a flood provided there will be personnel, available and adequate warning. 3. Any future.alteration of the area below the FPE that violates the conditions of the variance shall be deemed a violation of this chapter.. The city engineer shall inform the applicant that any such alteration is considered a willful act to increase flood damages and therefore will cause coverage by a Standard Flood Insurance Policy to be suspended. D. Variances requested in connection with restoration of a site or building documented as worthy of preservation by the Illinois Department of Conservation may be granted using criteria more permissive than the require- ments of Chapter 18.36." a VOLUME XLVII Section;S. That Chapter 18,52 entitled "Violations and Penalty" be and is hereby amended to read as follows: "18.52 Violation and Penalty 18.52.010 Designated. The city engineer may determine upon due investigation that a viola- tion of the minimum standards of this chapter exist and after such owner fails after ten days notice to correct his property, the City may make application to the circuit court for an injunction requiring conformance with this chapter or make such other order as the court sees necessary to secure compliance with the chapter. In addition to the foregoing, any person who violates this chapter shall upon conviction thereof be fined not less than twenty-five dollars ($25.00) nor more than five- hundred ($500:00). A separate offense-shall be deemed committed upon each day during or on which a violation occurs or continues. Failure to comply with the requirements of a permit or conditions of a variance resolution shall be deemed to be a violation of this chapter. Nothing herein shall prevent the City from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible," Section 6. That the City Clerk shall cause this ordinance to be published in pamphlet form and same shall be incorporated into the Elgin Municipal Code, as amended. Section 7, That the provisions of this ordinance shall take effect upon passage. s/ Richard L. Verbic Richard L. er ic, Mayor — Presented: February 24, 1982 Passed: February 24, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City Clerk TION ADOPTED APPOINTING ;emu Councilman Schmidt 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 XLV11 92 RESOLUTION APPOINTING GLADYS GARCIA AS A FIBER OF THE HUMAN RELATIONS CaVISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Gladys Garcia be and is hereby appointed as a member of the Hunan Relations Commission for a term to expire May 1, 1984, s/ Richard L. Verbic r er ic, Mayor — Presented: February 24, 1982 A Adopted" February , 1982 Vote: Yeas 7 Nays 0 Recorded.:. Attest: c.�y.,�J .�rt zL�-7 L� � s/ are Yea an Marie earman, City er RESOLUTION ADOPTED AUTHORIZING A TRAFFIC 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. 93 VOLUME XLVII RESOLUTION AUTHORIZING A TRAFFIC SIGNAL AGREEMENT WITH THE STATE OF 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 authorized and directed to execute an agreement on behalf of the City of Elgin with the State of Illinois, Department of Transportation, for the installation and maintenance of traffic signals on Illinois Route 31 at Airport Road - Tollgate Road in the City of Elgin, a copy of said agreement is attached hereto and made a part hereof by reference. S/ Richard L. Verbic =aird Le er ic, Mayor Presented: February 24 1982 Adopted. February 24, 1982 Vote. Yeas 7 Nays 0 Recorded. Attest: s/ MarYea dman rie iearman, Ulty Cler RESOLUTION_ ADOPTED AUTHORIZING A LEASE AGREEMENT WITH ROBERT EPPS FOR SOUTH GROVE AVENUE 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 XLVII 94 RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH ROBERT EPPS FOR 141 SOUTH GROVE AVENUE 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 automobile repairs, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 24, 1982 Adopted: February 24, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: d 9'CMAa-rie Yuman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 16.20 ENTITLED "PLUMBING CODE" BY ADOPTING BY REFERENCE THE ILLINOIS STATE PLUMBING COD Councilman Hansen stated, I read all of these revisions over and it appears that we have a lot of deviations from the BOCA basic building code. Are they the reason that our renovation costs are so high. Don Wager stated, most of these codes have been reviewed by various committees made up of people who are operating in the trades. Some of the changes in the plumbing code this year actually are cheaper. Mr. Nelson stated, what you may want to do, at some work session, is bring in the Chairman of the Building Commission and maybe some of the committee chairmen, but these variations from the standard code are not made by our staff they are made by the people in the business. You might want these people in and comment specifically on each variation and whether this increases the cost or decreases it. Councilman Hansen stated, I would be willing to spend a work session on that. Councilman Gilliam 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. 95 VOLUME XLVII Ordinance No. G17 -82 AN ORDINANCE AMENDING CHAPTER 16.20 ENTITLED "PLUMBING CODE" BY ADOPTING BY REFERENCE THE ILLINOIS STATE PLUMBING CODE -1976 WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII, Section 6 of the 1970 Illinois Constitution; and WHEREAS, home rule units may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City of Elgin may adopt certain codes and public ordinances, by reference, pursuant to the provisions of Division 3 of Article 1 of the Illinois Municipal Code of 1961, (Illinois Revised Statutes, 1977, Chapter 24, Section 1 -3 -2, et seq.); and WHEREAS, said rules and regulations have been on file in the office of tte City Clerk for more than thirty (30) days preceding the passage of this ordinance; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desireable to adopt the 1976 edition of the Illinois State Plumbing Code, as published by the Illinois Department of Public-Health, and as further amended herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.20 entitled "Plumbing Code" of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 2. That Chapter 16.20 entitled "Plumbing Code" be and is hereby added to the Elgin Municipal Code, 1976, as amended, as follows: "16.20 Plumbing Code 16.20.010 Short title. The ordinance codified in this chapter shall be known and cited as the "Plumbing Code" and will be referred to in this chapter as "this code" 16.20.020 Adopted. The regulations of the 1976 edition of the Illinois State Plumbing Code, as recommended and published by the Illinois Department of Public Health, published in pamphlet form, are adopted as the regulations governing the prac- tice of plumbing in the city with such amendments as are hereinafter set forth in this chapter, except as such matters are otherwise provided for in other ordinances as statutes. 16.20.030 Definitions. The following words and phrases used in this code shall have and include the several meanings given in this section: A. "Building official" means the director of the Department of Community Development and designated in the Illinois State Plumbing Code as the administrative authority, or such designated perjons as he shall duly authorize to act in his stead in the enforcement of this code. B. "Health department" means the division of health of the Department of Community Development. L. "Licensed plumber" means a person who has a certificate of registration in effect, issued by the Department of Registration and Education of the State of Illinois, specifying such person to be a licensed plumber. D. "Person" means a natural person, firm, partnership, corporation, company, or association of any kind. Whenever used with respect to any penalty, the term "person" as applied to partnerships or associations, or firms, shall mean the partners or members thereof and as applied to corporations, the officers thereof. E. "Plumbing contractor" means an individual, firm, partnership, association or corporation engaging or offering to engage in the business of plumbing and shall: 1. In the case of an individual, be a licensed plumber; 2. In the case of a firm, have at least one member who is a licensed plumber and under whose personal supervision such work shall be performed; 3. In the case of a partnership, have at least one partner who is a licensed plumber and under whose personal supervision such work shall be performed; 4. In the case of an association or corporation, have at least one association or corporate official who is a licensed plumber and under whose personal supervision such work shall be performed. F. Plumbing inspector means such person appointed as assistant or agent of the building official and authorized by the building official to enforce the provisions of this code and other ordinances designating the plumbing inspector as enforcing officer, and who is performing the duties set forth in this code or in other city ordinances. G. "Private storm water disposal system" means the system of pipes, catch basins, dry wells, foundation and drain appurtenances intercepting surface and underground storm water not discharging into public right- of-way. H. "Private waste disposal system" means the system of equipment, pipes., septic tanks, cesspools, and drain tile, and including connection to a structures soil pipe three feet outside the foundation wall, for disposal of waste and sewage and from buildings or premises where a public sewer is more than two hundred feet from the nearest point of the property. I. "Private water supply system" means that portion of water system not a part of a plumbing system or public water supply system. 16.20.040 Administration and enforcement. The administration and enforcement of this code shall be the duty of the building official, who is authorized to take such action as may be reasonably necessary to enforce the purposes and provisions of the code. The city plumbing inspector shall be a competent plumber and shall: 1. be a licensed plumber; or 2. be a BOCA certified plumbing inspector; or 3. have at least five (5) years practical experience as a plumbing inspector for a municipality and become either a licensed plumber or a BOCA certified plumbing inspector no later than eight (8) months after appointment or the effective date of this amended chapter, whichever is later. Such persons shall be appointed and authorized as assistants to the building official to carry out the provisions of this code, and other city ordinances setting forth duties of the plumbing inspector, shall use the title 'plumbing inspector' in the performance of these duties. Inspectors shall be selected and serve under the rules of civil service and shall be under the general supervision of the building official. 16.20.050 Adoption of State of Illinois Plumbing License Law. There is adopted by the city for the purpose of regulating the practice of plumbing, the State of Illinois Plumbing License Law of the Illinois Revised Statutes of 1976, save and except such portions as are hereinafter deleted, modified or amended, of which not less than three copies have been and now are filed in the office of the city clerk and the same is adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified herein takes effect, the provisions thereof shall be controlling within the corporate limits of the city. 16.20.060 Permits - Required. A permit for: plumbing, including gas piping, lawn sprinkler systems, swimming pools, private water supply, waste disposal and storm water disposal system installation; and for connection of such installa- tions to public water supply, public sanitary or storm sewer system, or gas utility service piping or meter, shall be obtained from the building official before any such work is commenced, whether new work, alteration, or repair except as specifically provided in this chapter. 16.20.070 Permits Effective time. A. Permits issued shall be effective for six months, unless an extension is applied for and approved in writing. B. Permits for work which is not started within six months from the date of issue shall be voided. C. When permits are voided, new permits shall be obtained and regular, fees paid before work can be started or continued. 16.20.080 Permits and applications. A. All applications, permits and all forms used in connection with this code shall be as presecribed by the building official. One copy shall be filed in the Department of Community Development and may be destroyed after two years provided that a permanent record is kept of the information con- tained thereon. B. Applications shall be made on forms prescribed by the building official and shall set forth the work being performed and the valuation of such work. 16.20.090 Permits - Issuance. Permits for plumbing work shall be issued to licensed plumbers only except a plumbing permit may be issued to the owner /occupant or lessee / occupant of a single family residence who performs plumbing work in con- formance with this code. Licensed plumbers shall execute and deposit with the city a surety bond in the amount of five thousand dollars, such bond to be conditioned that all plumbing work performed by the l- icen�ed plumber or under his supervision shall be performed in accordance with the provisions of this code. 16.20.100 Street work permit. f In addition to other permits, a street work permit must be obtained from the city engineer and liability bond filed with the city for all work done in the public right -of -way in accordance with Chapter 13.16 16.20.110 Emergency work. Work of an emergency nature may be accomplished immediately without a permit being secured prior to such work, provided that the Department of Community Development is notified within twenty -four hours, or on the next day such office is open; and provided that the appropriate permit is secured within three days after the day such work is started. In the event that such work, regulated by this code, is accomplished by unauthorized persons, a properly qualified person shall obtain the required permit and certify to the city that the work has been done in accordance with this code and request appropriate inspection. 16.20.120 Plans - Required. A. Before construction, extension, alteration or repair of any portion of the plumbing, private water supply system, private waste disposal system, or private storm water disposal system of any building or premises is begun two sets of plans and specifications of such work shall be presented to the building official for approval at the time of application for permit, except as otherwise provided. B. Plans and specifications shall not be required:. 1. For plumbing for single and two family; 2. For alteration and repair work of a minor nature; the building official shall determine whether the work proposed is of a minor nature. 16.20.130 Plans Applications for be in writing and, if additional fees, if a' No material deviation permitted. - Changes. changes in any plans after a permit is issued shall approved, the original permit shall be changed and the iy, shall be paid prior to the performance of such change from the permit and approved plan shall otherwise be 16.20.140 Permit fees. A fee for each plan examination, plumbing permit, inspections and other applicable fees, shall be paid in accordance with Chapter 16.48. 16.20.145 Illinois State Plumbing Code Article I Amendments. Section 1.2 Definitions is amended to read as follows: "Plumbing Inspector shall be a competent plumber and shall: 1. be a licensed plumber, or 2, be a BOCA certified Plumbing 3. have at least five (5) years inspector for a municipality or a BOCA certified plumbing after appointment or the eff is later. inspector, or practical experience as a plumbing and become ei -ther a licensed plumber inspector no later than eight months =_ctive date of this section, whichever 16.20.150 Illinois State Plumbing Code - Article II Amendments. Section 2.8 Structural Safety is amended by adding: "The stack plumbing wall shall be no less than a 2 "W' wall." 16.20.160 Illinois State Plumbing Code - Article III Amendments. Table 3.7 Plumbing Material, Equipment, Use Restrictions and Applicable Standards is amended as follows: �o Y F c 0 u r Y m F 41 Revised w y {y Y ¢ n o r+ I O NO N y� 0 r` o� .a 1 N n ti N I Y O n o, .y rn Ch N S 1 C 10 O1 m R1� Y Z O' n en C i C u Y z w o, I 'O Lrl M1 h �I F N C C C C o o a zo z z z io p C F C C zd zo zo zo zo v N r oca 2 O Q N N w C O U t 4 r go FF W m Z v d O 'VO O F 6 4 4 N u O' r-i 14 m w d W C W Ol w a O w O .:+ m Y 00 u V 5.. G C - C d b. C j mp w 4 O -� O 0 O O' mw mw Ar. < -w m s . Y W . Y . Y Y �•. C VYi O/ h Y to d it to 04 « IC N* ti N V II ;o 41 Revised b d r G .-I y G O v n d A m F m w w 1 - a o 0 w n o� 1 " L N w w z w 1 N N 1 1 1 1 Y Y 1 1 t t 1 1 H H N O O O Z Z 2 2 H H H t to N to t to w w Z Z Z Z Z Z H y y y y y y Z Z Z Z t to t to N N N n 0 � � n n n n n n n "-1 V V1 � � v v v v N N w w n 14 'in 1 en O OD cc N. n n tT n n �. n O n n N 0 � �. � n 0 0 . .�i O q. U U U U U U U U U U U U U U U Z Z U U V V w N � � n a "4 o o a co a, c fT 10 V V 1 1 ~ C N v v' C C C c c C C c c G G C C. C C.. G G N OnG ? ?L Y Y Z Z go ''' Z . . 6 Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z C C al E' T � +a a d d d d O C v w w F w w m • •R m 0. G G .a C C '„yO p p �. m d 0 oc d m m ' C l 0. 0. w c c ' '0 d 'O .r C la .Yi m m m m 0 Y M M W W Y w w w w w v ® t to w w d d w w w w to q ,� G v m to ® m m m . .i O O G G B BB u m W ' ' ' + m E a w e et Y c F.. .r d w w a a u u .� u v v u u G G w a 4 c d " K K w w w m a a K K m m m m a 4) Y Y° " d o 14 c cc E En - -0 y .yAiw u u c c ~ v y w w 4 V d d. O a a O L L .'t > S> .� O O K K m m m m y w W Y Y 4 .'/ J . .� CC Y Y..d 0. t v v 7 0 W W g 6 Y A A T T d d C v d V V+ d d M M O O W 0 7 m e d �. 0 ,W d a v v Y Y d d w w w w d d w m e d > o w' � u u .dl . .L, .di . .0 L a q c d d +� . .-� d IC O, � d d 7. d d 7 O Lo V C> < d v a a q a ar .+ q. c c+ d 7 7 u. w p, T T .0 T T .v w w ++ CO a -+ d ++ d m w w t to d. w w jx U U W m i i.y d. , ,:+ d w w u w T Y d d d d F F d w w .G d d d a a d d W W d ` `� O d..y O O t. O O L m m O - 0 0. 0 0 0 O x d SCI d W �' p p' N a t O. C Y. V F F F C K 0 a a to 0 . .ci O x d O d d O d d S d C O.. W N. a to O C L~L Y, ~ O ti Y Y M M d d Y w w✓ ^ ^., L + +� Z✓ . .r O + E� C O O O m m Y m O d 0 D D C K K O - -O - -W OA , ,.20. O O0. O O1. w wC O U Q ! m 0 a a O. d d Y 0 S S O a d O O O m mp. O O y m m m m w w .-� T T K T T W W w w . .1 + +t y y ✓ ✓ Y Y ✓ ✓ 1+ ✓ Y. d y c O 4 rl w w '/ Y Y rI 'O a '+ 'O a.1 d 4 d d a a d d d d d d d. F d d. W d a M Y Y. Y Y d d a m> *i to % %✓ tA' 1 V V d d W W d W W d M M w w d W W> d W W y11 d W W ! •O d 7 c u c O u v n � 1 i d W F 44, 45 Revised F CID n I. Z .: W r S ..y 0. Y•i U ~ Y F F F O O O O O O IN p. H. H i It Z Z Z Z Z U z < z z z Z z i m D U n b. C` rn C, p %D 0. 1 .0 rn p U Y V d '0. '•my an d d d d t9 ^ O d Y. Y. d F C '� �O c F F c 1 0 0 z z z° EI+ E-� w .In z° z° z° z° 5 as z z z < F tn. 0 � a .t d •t F � n nnr�.n r•n I ON nN nN O N '•f d v1 1 1 mN d d .? d n N n ' M m. N F c c IY G Q N N C] OAAO: q O. o nn O O. 0 O Vti O v FI Z U L) U in 4i Z Z Z U Z V n n 4n n N N n CrA n 0% n Cl N nl H • N . h S. V1 7L L Z c ID x .p,+ O . O O O N 0 z < < Z Z to Z Z < z U 0. >R a h u O w 1 v a h 0 4 O to h a, r = - Q G d Oml O N V m TA R . w ftA m m d ti d V C m .-, c ti y U U c c P. c •o `. .-ci m _ U u m N m m m O d d t U V C W m: u V •O •O V 4 'o M ti v 0. tQ an d d W A c O f+ O Z u u m G Y U w w d S W u u 0. T ti A D 1'° 1P ndi •YO 4 c fJ a 4 0 m w LI cc e4i tD 4 U F 7. .Fi , c u. 0 In Q P...a ,{ Om L) m uf` °� c 'S tt� o> > o c o m'c o . m M Q m C d 0 O d m d 4 •O Q to Y 1`i V' w V R m .Y d U m 1 4 •.� < V) .y 4 ,w 0 G O A. 0 4 O d m C A. 0 m O d E m u W �O v 0 Y = C ti d 6 O 00 m m O c 4 a d 0O > N Y 'O 0 O l F 1M c y H u d 0. V L S O A h u d u Y H u C u u O 6 Q. V 'O 7 . Y Y fa..`t Z Q V m N P. A 4 0-0 C W d N C c O m m m m m T. m m d viT T d V. N 'O YA ti m C O W d an d 1+ U U c U u F m' - Y .c �+ 06 a 0. .-1 a o e m m m 1 .a Y. �+ c H c m d .r Y d p' ..1 u 'a .•1 d d C A 4 Y Q� 4 '.1 1+ 4 4 1 dm >� >wVi ! dF T� mp u icm�u�d�C eto mt a 9.O o .�i a 0.�0.mK l7b l)wDW o a°cmi �w any wc°r I I A. ( a�' a vv v r. •.Ki w zz cti m s 44, 45 Revised m r G w C 0 u v m rl m F 45, 46 Revised Pf O N N co v n 10 1 m m. P o� r goo o 10c) 0 g a w �o coo 10 1 I 1 d m wvw NnN vw-. v O C cN N M N:v> N C G cN C m m m O O E N < a N a N N a N N O O O N a O C C c z z p< 5<< 5< U z z z< p z 0 o p Z z o m .r m d= dm mc� mm vdvvv.y �� n N O tn. 0 O O' 0 0 0 0 0 0 0. R 1 I 8 z zp' z z zzzz2' 1 N z 3 � rr G F v - N �O 'L 1 d a d. v Cl !1 m v Q1 u m 11 m �. C c G C G c G C c 0 C G.0 G C m m m NF. O Z 0 0 O O' 0 0 0 0 0 0 0 O 0' L� C c < -. z z z Z z z zzzzz z 2 °zcl 1 z0 a n n vs n Ch n n n •-� y. O N Ot � P m ..i. n cn I m m. m I� p O O nj n O 0 0 0 C. ti z z Z <U z u zNNC7z z z 0< O N m 0 O U c m v w tr) M C C . V m. O U it F C (7 r PC w. c Ii � 0 m �U-I : F. ml Rz. r. �I U 0. O V O O y E U 2 x. O L) tm+ me en 71 emp LU L a .w-1 V O F O 1 10 O N 0 O 7 c E N m m m w {p . a ,V u N cu Q d m w C C u m u m V> v1 C m m Q LI u0.' +'1 V ti m n m h v m v .-1 v .i .-. .i v a P E c O u u> u w u e O F. o w 2 E' u v t N G C O. w m m R U u w m C V m u Q 7I l u U aj {. O G C C r Q u u. 0.m' 0 0 7� m< U. W m. a C EQ m Ip mm W w W +-1 U 2 u O O V Z£ d ti M B 0 Im CIL CI Gi M O. M m !r m w w' w w w m 0. 1`V CJ Y E w 00 m .d p C m Q c C 2 m m m 'O u u u u u u m •+ 'O Z m V O ed V u Y C N m m m m 10: m m C m U c C7 .0 t m 'yr>r G, °c m x to m m r. �3 wxxsxxx 2 Q.. W..y 0 m .Gi .wc L 3.� 1p w w w w w w 0�� O ~ u u C w. L m K m m aGi yV T o 0 O c u u u u u uj m J O m w V '� .+ w L. V u u y a.y pLN Fib 333 6��0.�. 45, 46 Revised d O ro F C zo d O Z d G I I y N d n G d Y I T 4 m � d ® Y a G m •fl 4 S u G a Fi I ID ao 40 2p m 'O v uq m U d Z < m G Y C7 WJ ~ 6 tOn p. 041. m V. 4 y u O dB d ca v r o a d e 06 V3 a o w .�i .�•I p >> 0 Hw E. 0 49 Revised n 4 m � d d r •fl m � 0 4 ID ao 40 d u ,r C7 d C m 4 O O dB d v u n 06 01 m p p ;0 0 4 4 p m TI O G 0 O 7 ti•H .O •p ti O Gro M tf m 4 4 m m 00 d OD u q G 7 O OD O m O u c O m W A 0 z O A 0 O d� Y A L M m -M 8 r G m O m m > OGi p cn N LO 040 •OO r1 rGl y M m m m m 0 Y •� 4 O G 'O 'O p d > OD 4 p G { G t 0. -0 .Gi O t4 u w 0D G G 6 m m N A d Y 3n.= p d B m >, d C G u. A m d 4 ad+ n p .u•I v a d z G. > 00 Y' Y m G p m m •rOd 4 0..a m: 3. h G • o G G •0 4 G 4+ 4 m o 14 7 ro C- 14 4 fi tom C L °'row 7 Z < KY U O W 49 Revised ni O z r 0 4 a d u ,r d m 4 d u m 3 0 L m G ti•H 6i •p ti O Gro tf o m m O .TI G 4 G 7 OD O m O W u O 0 z O A 0 O d� m R M m -M 8 r G > m m a m > OGi p N •OO r1 0Q)> y M m m m u O 0 0 a 4�ttro 4 w G G %O .1 G { G 4 u w 0D G G •O O oY m d 3n.= p B m >, d C G •a. d 4 A. G O d m p •+.. 4 a d z G. Y' Y C: m m m •rOd 4 0..a m: 3. G G 88 m o 14 7 ro C- 14 4 fi a .� C L °'row 7 7 m sm+. m oc o O +r+ U 4 M .fL O G.-1 u Y 1+ C'0.+• > G m ,.i 14 Y u d a E r N -.+ E a L +U u m N Y .9.1 ++ O u ++ a E Sm. 3 V? r°•.. in a3 P. .+ m . a c -,Ya a. � c .�• me 3 ti a� ni O z 16.20.170 Illinois State Plumbing Code - Article IV Amendments. i Section 4.2.12 Bituminized Fiber Pipe Joints is repealed. Section 4.2.13 Plastic Pipe Joints is repealed. Section 4.2.13.1 Joints and Fittings in Plastic Pipe is repealed. Section 4.2.16 No -Hub Soil Pipe Joints is amended by adding: "This material is approved for above concrete floor installations only." Section 4.5.2 Water Supply System is amended to read as follows: "4.5.2 Water Supply System. Unions in the water supply system shall be metal to metal with ground seats, except that plastic to metal unions may utilize durable, non - toxic, impervious gaskets. Fittings between dissimilar metals shall be dielectric type." 16.20.180 Illinois State Plumbing Code - Article V Amendments. Section 5.5.1 Small Pipes is amended to read as follows: "5.5.1 Small Pipes. Cleanouts shall be of the same nominal size of the diameter of pipe." 16.20.190 Illinois State Plumbing Code - Article X Amendments. Section 10.4.3 Backflow is amended by adding: "10.4.3.c. Steam Boilers and Hydronic Heating Systems. Steam boilers exceeding a pressure of 15 psi and hydronic heating systems designed to exceed a pressure of 30 psi or a temperature of 250 degrees Farenheit shall not be directly connect to the water supply system. Steam boilers not exceeding a pressure of 15 psi and hydronic heating systems designed not to exceed a pressure of 30 psi or a temper- ature of 250 degrees Farenheit shall be provided with an in -line pressure type back flow preventor consisting of two check valves separated by an open air port. The air port shall not be directly connected to the drainage system.. The back flow preventor shall be installed in an accessible location on the discharge side of the boiler water supply valve and on the inlet side of the boiler feed valve." Section 10.6.1.c is amended to read as follows: "c. The water service and building sewer may be installed in a common trench - -same level - -if cast iron with hot poured lead and oakum joints or neoprene compression gasket is used for the building sewer and copper, Type K with no joints, if possible; otherwise, flared, silver brazed or approved compression shall be used. The number of joints shall be kept to a minimum. Cast iron material is acceptable for water service pro- vided such material meets AWWA standard for water piping. See Illus- tration No. 67, 68 and 69." Section 10.12.1 Water Supply Control is amended to read as follows: "10.12.1 Water Supply Control. A main shut -off valve on the water - service pipe shall be provided near the curb or property line. In addition thereto, an accessible, gate -type shut -off valve shall be provided inside near the entrance of the water service pipe into the building,: A pit or similar type installation is prohibited for a potable water shut -off valve. See Illustration No. 70." "Illustration No. 70: Delete 'Drip Valve permitted only on house side of meter' " Section 10.12.4 Separate Controls for Each family Unit is amended by adding the following: "All single family residences shall be equipped with separate stop valves on ail plumbing fixtures excluding bath, shower and laundry tray." Section 10- .13.1. Water Service Pipe Sizing is amended to read as follows: "10.13.1 Water Service Pipe Sizing. The water service pipe from the street main to the water distribution system for the building shall be of sufficient size to provide an adequate flow of water to meet the requirements of the entire building at peak demand. In no case shall the water service pipe be less than one (1) inch nominal K copper tube, or one (1) inch normal size polyethylene (PE 3406) water service tube. If fiushometers or other devices requiring a high rate of water flow are used, the water service ,pipe shall be designed and installed to provide this additional need for water service. All piping used out- side the building for potable water piping shall be installed under- ground below the maximum frost penetration in the local area." Section 10.15.1. Water Heaters is amended by adding the following: "Water heaters shall =be installed by a licensed plumber or the owner/ occupant or lessee /occupant of a single family residence." Section 10.16,3 Combination Pressure - Temperature Relief Valves is amended by adding the following: "Water heater relief valves shall be not less than three- quarter (3/4) inch." Section 10.16.4 Relief Outlet is amended by adding the following "An open -site drain shall be provided for all relief valves." 16.20.200 Illinois State Plumbing Code - Article XI Amendments. Section 11.5.2. Minimum Size of Building Drain, Horizontal Branch is amended by adding the following: "A maximum distance of twenty (20) feet of two(2) inch cast iron pipe under a floor will be allowed. Three (,3) inch cast iron shall be used if the distance is greater. A minimum size of four (4) inch underground floor drain piping shall be required in all commercial buildings and all multiple dwellings in excess of four (4) units." Section 11.5.6 Minimum Size of Stack Vent is amended to read as follows: "11.5.6 Minimum Size of Stack Vent. Any structure in which a building drain is installed shall have at least one (1) stack vent per unit carried full size through the roof to the outside atmosphere which is not less than three (3) inches in diameter. No penetration of fire wall will be allowed." Section 11.5.7 Future Fixtures is amended by adding the following: "Plugs used for all future fixture openings must meet minimum standards and approval of the Administrative Authority. Section 11.7.2 Design is amended by adding the following: "Depth of sump is determined by Providing sufficient storage capacity to prevent short - cycling of pump unit. The minimum storage capacity between high and low liquid levels shall be twice the rated capacity of pump in G.P.M. for its design installation." Section 11.7.4 Duplex Equipment is amended to read as follows: "11.7.4. Duplex Equipment. Sumps receiving the dischage of more than four (4) waterclosets shall be provided with duplex plumbing equipment." Section 11.8.1 Required is amended by adding the following: "1i.8.1.A. Minimum Standard for Residential Application. All under- ground floor drains must be a minimum of two (2) inch pipe size and similar in design to deep seal floor drain with an integral trap and cast iron cover. Four (4) inch P trap drains shall have hub surface only for grate. 11.8.1.6. Minimum Standard for Commercial, Institutional and Industrial Buildings. Toilet rooms, locker rooms, showers, cafeterias, and other finished floor areas. Cast iron body with integral flange, weep holes, (flashing clamp where required), adjustable pollshed bronze or nickel bronze cast strainer with a minimum diameter of five (5) inches. Mechanical equipment rooms, storage rooms or other unfinished areas not rs• subject t0 heavy traffiC. Cast with integral flange cast iron ' ,.a�� iron body ... �.. o- non -tilt grate. Grate ribs to be not less than one -half NO inch thick. Top diameter of drain to be a minimum of eight (8) inches (flashing clamps where required). Provide sediment bucket. Factory area floor drain subject to heavy traffic. Cast iron body integral flange, cast iron deep flange non -tilt grate. Grate ribs to be not less than three- fourths (3/4) inch thick. Top diameter of drain to be a minimum of eight (8) inches (flashing clamps where required). Provide a sediment bucket." 16.20.210 Illinois State Plumbing Code - Article XII Amendments Section 12.3 Vent Stacks is amended by adding the following: "12.3.1.A. Expansion. All plastic branch vents connected to main stack shall have a one -half (,) inch space above and below for movement within twenty -four (24) inches of vent stack." Section 12.7.1 Distance is amended to read as follows: "12.7.1. Distance. Two fixtures set back -to -back, within the distance allowed between a trap and its vent, may be served with one continuous soil or waste -vent pipe, provided that each fixture wastes separately into an approved double fitting having inlet openings at same level. Minimum of four (4) inch arms on all one and one -half (1;) or two (2) inch cross drainage tees for back -to -back fixtures. See 12.9.2. See Illustration No. 92." Section 12.8.1. Distance of Trap from Vent is repealed. Section 12.10.1. Hydraulic Gradient is repealed. Section 12.11.4et Venting is amended to read as follows: "12.11 Wet Venting. A wet vent is permitted for basement water closets only. All other wet type vents will not be allowed." Section 12.11.1 Single Bathroom Groups is repealed. Section 12.11.2 Double Bath is repealed. Section 12.11.3 Multistory Bathroom Groups is repealed. Section 12.12 Stack Venting is repealed. Section 12.12.1 One- Bathroom Group is repealed. Section 12.14.1 Battery Venting is repealed. Section 12.14.2 Dual Brances is repealed. Section 12.20.4 Size of Circuit Vents is repealed. Section 12.20.6 Horizontal Circuit and Loop Vent Sizing Table is amended to read as follows: "Table 12.20.6 - Loop Vent Sizing Table" 16.20.220 Illinois State Plumbing Code - Article XIII Amendments Section 13.6..4 Roof Drain Flashings is amended by adding the following: "Composition material may be used upon approval of the Administrative Authority." VOLUME XLVII 110 16.20.230 Low Pressure Gas Piping and Gas Appliance Code - Adopted. There is adopted by the city, for the purpose of establishing rules and regulations for the installation, repairs and alterations of low pressure gas piping and appliances, that certain code known as National Board of Fire Underwriters' Pamphlet No. 54 entitled "Installation of Gas Appliances and Gas Piping" as recommended by the National Fire Protection Association as published in 1980, and all subsequent revisions, modifications and amendments thereto, are -hereby adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified herein shall take effect the provisions thereof shall be controlling within the corporate limits of the city. 16.20.240 Storage and Handling of Liquified Petroleum Gases Code - Adopted. There is adopted by the city for the purpose of establishing rules and regulations for the installation, repairs and alterations of-undiluted liquified petroleum gas piping and appliances, that certain code known as "Storage and Handling of Liquified Petroleum Gases" published by the National Fire Protection Association, as NFPA Pahmphlet No. 58, as published in 1980, and all subsequent revisions, modifications and amendments thereto, are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified herein takes effect, the provisions thereof shall be control- ling within the corporate limits of the city. 16.20.250 Appeals. Any person dissatisfied with a decision of the building official may appeal in writing to the Building Commission as provided for in Chapter 3.60. Section 3. That the City Clerk shall cause this ordinance to be published in pamphlet form and 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, s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 24, 1982 Passed: February 24, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: %Am- s/ Marie Yearman Marie Yearman, City Clerk VOLUME XLVII AUTHORIZATION OF PAYMENT TO VENDOR Board of Education Rental of various school School District U -46. facilities in conjunction with City's fall/winter= recreation programs. $4,622.27 Councilman Waters made a motion, seconded by Councilwoman Nelson, to approve the aforementioned payment. Yeas; Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor'Verbic. Nays, None. Abstained: Councilman Gilliam. ORDINANCE PASSED AMENDING CHAPTER 16.04 ENTITLED "BUILDING CODE" BY ADOPTING BY REFERENCE THE BOCA BASIC BUILDING CODE/1981 AND THE SBOC BUILDING CODE EDITION 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. VU.LUMt ALVI1 112 Ordinance No. G19 -82 AN ORDINANCE AMENDING CHAPTER 16.04 ENTITLED "BUILDING CODE" BY ADOPTING BY REFERENCE THE BOCA BASIC BUILDING CODE /1981 AND THE SBOC BUILDING CODE 1977 EDITION WHEREAS, the City of Elgin may adopt certain codes and public ordinances, by reference, pursuant to the provisions of Division 3 of Article 1 of the Illinois Municipal Code of 1961, (Illinois Revised Statutes, 1977, Chapter 24, Section 1 -3 -2, et seq.); and WHEREAS, said rules and regulations have been on file in the office of the City Clerk for more than thirty (30) days preceding the passage of this ordinance; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt the 1981 edition of the BOCA Basic Build- ing Code, as published by the Building Officials and Code Administrators International, Incorporated, Chicago, Illinois, and as further amended herein, and the 1977 edition of the SBOC Building Code including amendments through December 1980, as published by the Suburban Building Officials Conference, Geneva, Illinois and as further amended herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.04 entitled "Building Code" of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 2. That Chapter 16.04 entitled "Building Code" be and is hereby added to the Elgin Municipal Code, 1976, as amended, as follows: "16.04 Building Code 16.04.010 Short title. The ordinance codified in this chapter shall be known and cited as the "Building Code" and will be referred to in this chapter as "this code ". 16.04.020 Adopted. The regulations of the 1981 edition of the BOCA Basic Building Code, as recommended and published by the Building Officials and Code Adminis- trators International Incorporated, published in pamphlet form, are adopted as the regulations governing the construction of buildings and other struc- tures in the city with such amendments as are hereinafter set forth in this chapter, except as such matters as are otherwise provided for in other ordinances or statutes, and the 1977 edition of the SBOC Building Code including amendments through December 1980 as recommended and published by the Suburban Building Officials Conference, published in pamphlet form, are adopted as the regulations governing the construction of one and two - family residences and buildings customarily accessory to the fore- going with such amendments as are hereinafter set forth in this chapter. 16.04.030 Definitions. A. Whenever the word "municipality" is used in this code, it means the City of Elgin. B. Whenever the term "building official" is used in this code, it means the Director of Community Development of the City of Elgin. C. Whenever the term department of building inspection" is used in this code it means the Department of Community Development of the City of Elgin. 16.04.040 Sidewalks - When Required. A concrete sidewalk conforming with the specifications estab- lished in Chapter 13.04 of the Elgin Municipal Code shall be required prior to the issuance of an occupancy permit for any new building or structure which is to be erected, or which is situated on a lot or plot of ground which abuts upon any street in the City of Elgin unless said sidewalk is specifically exempted. 16.04.050 Fence Installation. A building permit is required prior to the construction or installation of any fence within the corporate limits of the city. Fences shall be constructed or installed according to the regula- tions established in Chapter 19 of the Elgin Municipal Code, 16.04.060 Assessor's Receipt. No certificate of use and occupancy shall be issued until and unless an unexecuted certificate of use and occupancy has been filed with the township assessor or the county assessor of the county in which the property is located and that the owner of such property obtain from the assessor, in the form prescribed by such official, a receipt - showing that the unexecuted certificate of use and occu- pancy has been filed and that his property is subject to increased assessment, from the date of issue of the certificate on a propor- tionate basis for the year in which the improvement was completed. The owner of the property shall file such receipt with the building official and a certified copy of the certificate, when issued, shall be filed with the assessor. 16.04.070 Street Numbers. (a) Required: All lots, buildings and structures within the corporate limits of the city shall be assigned a street number or if within the Elgin postal delivery area may request a street number in accordance with the numbering system established by the depart- ment of community development. (b) Size and Type: Street numbers shall be not less than five inches in height and be in a contrasting color from the structure. Street numbers shall not be in script. (c) Location: 1. No person shall prior to the start of construction of any structure on vacant land fail to post in a promi- nent location visible from the adjoining street the temporary assigned street number for that property. 2. No person shall occupy any structure unless the assigned street number is mounted on the structure next to the front entrance in a prominent location and visible from the adjoining street. If that location is not readiay.yisible from the adjoining street, the number shall be placed elsewhere in close proximity to the front entrance where it is not obstructed by fences, bushes, trees, walls or other objects. The street number of multiple family dwellings with common entrances shall be placed in a prominent location in proximity to the entrance and visible to the adjoining street or parking area. Each dwelling unit shall have the numbers of letters assigned to that unit posted on the exterior doors of each unit. 16.04.080 BOCA Basic Building Code - Article 1 Amendments. A. Section 103.0 Existing Structures is amended by adding the following: "103.5 Restrictions in Fire Zone No. 1. (a) Any building or structure in Fire Zone No. 1 which is enlarged, altered, raised, built upon, or replaced due to partial destruction from any cause, to an extent exceeding an expenditure of thirty (30) per cent of the physical value of such structure, shall be made to comply with the requirements for new buildings in Fire Zone No. 1. (b) Any building or structure moved into Fire Zone No. 1 shall com- ply with all requirements for new buildings in Fire Zone No. I. (c) No wood or other combustible plaster lath or board shall be used for any purpose in Fire Zone No. 1 except for minor repairs where such construction type already exists," B. Section 105.1 is amended to read as follows: 105.1 Service connections: Before a structure can be demolished or removed, the owner or agent shall notify all utilities having service connections within the structure such as water, electric, gas, sewer and other connections. The sewer shall be sealed and plugged in a safe manner." C. Section 105.2 Notice to adjoining owners is repealed. D. Section 109.5 Qualifications of the building official is repealed. E. Section 111.1 When permit is required is amended by adding: "No building permit shall be issued for the erection of any build- ing for human habitation on any lot or parcel of land in the City of Elgin unless a highway, road, street, or way for public service facilities, improved with water mains is provided to serve said lot or parcel of land, and unless adequate sewage disposal facilities complying with the provisions of the City of Elgin is also provided to serve said lot or parcel of land." F. Section 111.3 is amended to read as follows: "111.3 By whom application is made: Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either, or by the licensed engineer or architect employed in con- nection with the proposed work. G. Section 112.8 Posting of permit is repealed_ H. Section 112.9 Notice of start is repealed.' I. Section 114.3.1 is amended to read as follows: "114.3.1 Fee schedule: A fee for each plan examination, building permit and inspections shall be paid in accordance with Chapter 16.48." J. Section 119.5 is amended to read as follows: "119.6 Contents of certificate: When a building or structure is entitled thereto, the building official shall issue a certificate of use and occupancy within ten days after written application. The certificate shall certify compliance with the provisions of this code and the purpose for which the building or structure may be used in its several parts." K. Section 122.1 Posted use and occupancy is repealed. L. Section 124.0 Board of Appeals is repeated. Refer to Chapter 3.60. 16.04.090 BOCA Basic Building Code Article 2 Amendments. Section 201.0 General Definitions is amended as follows: The definitions of the following terms are repealed: "One Family Dwelling, Two Family Dwelling, Sign, Closed sign, Ground sign, Marquee sign, Open sign, Projecting sign, Portable sign, Roof sign, Temporary sign and Wall sign." 16.04.100 BOCA Basic Building Code - Article 4 Amendments. Table 401 of Article 4 is amended as follows: "6. Vertical separation of tenant spaces is amended by substi- tuting the number "1" for "0" where "0 appears in the line, and by adding an additional line entitled "Nonbearing partitions" and inserting "0" under each column." "10. Floor construction including beams by substituting the number "1 for "0" where "0" appears in the line." 16.04.110 BOCA Building Code - article 5 Amendments. A. Section 501.2 Fire limits is amended by changing the last line to read as follows: "The fire limits are described as follows: Commencing at a point on the eentertihe of Ring Street where the westerly tine extended of the Chicago and North Western Railway Company right-or-way intersects; thence easterly along the centerline of Wing Street to the center thread of the Fox River; thence northerly along the canter thread of the Fox River to the centerline extended westerly of Jefferson Avenue; thence easterly along the centerline of Jefferson Avenue to the centerline of Grove Avenue; thence southerly along the centerline of Grove Avenue to the centerline of Seneca Sweet; thence easterly along the centerline of Seneca Street to the centerline of Brook Street; thence southerly along the centerline of Brook Street to the centerline of Kimball Street; thence easterly along the can' erline of Kimball St, act to the easterly Brrc axtended eoetherly of Lot C of County Clerk's Subdivision of parts of B. W. Raymond's Addition; thence southerly along said extended Line and the easterly line of Lot C of County Clerk's Subdivision of puts of B. W. Raymond's "Addition and along said easterly line of Lot C extended southerly to the centerline of Park Street; thence westerly along the centerline of Park Street to easterly line of Lot 1, B. W. Raymond's Addition, extended northerly; thence southerly along said extended line and easterly line of Lot 1, B. W. Raymond's Addition, to the centerline of North Street; thence westerly along centerline of North Street to the easterly line extended northerly of Lot F, County Clerk's Subdivision of part of P. J. Kimball Jr.'s Addition; thence southerly along said extended line and the easterly line of Lot F, County Clerk's Subdivision of part of P.1. Kimball Ir.'s Addition and the easterly line of a public alley to the centerline of Division Street; thence easterly along the centerline of Division Street to the centerline of Geneva Street; thence southerly along the centerline of Geneva Street to the centerline of Vila Street; thence southeasterly along villa Street to the centerline of Lake Street; thence southwesterly along the centerline of Lake Street to the centerline of Michigan Street; thence along the centerline of Michigan Street southeasterly and northeasterly to the centerline of Raymond Street; thence southeasterly along the centerline of Raymond Street to the centerline extended northeasterly of a public alley, said alley being approximately one hundred fifteen fat southeasterly of National Street and parallel thereto; thence southwesterly along said centerline extended and along said centerline of said public alley to, the centerline of the Chicago and North Western Railway Company right-of-way; thence southeasterly along the Chicago and North Western Railway Company right-of-way to the centerline of Bent p' Street; thence westerly along the centerline of Bent Street and Bent Street extended westerly across the Fox River to the intersection of the centerline of Oak Street extended with the westerly line of the Fox River; thence westerly long the centedine of Oak Street to the centerline of Oak Street extended with the westerly line of the Fox River; thence westerly along the centerline of Oak Street to the centerline of Hendee Street;thmce northwesterly along the centerline of Hendee Street to its intenectlon with the southerly line extended of Lot 1, Block 1, Lard's Subdivision; thence southwesterly, along the said southerly litre of Lot I extended and the southerly line of Lot 2 of Block 1 of Lard's Subdtvisim extended westerly to the southeasterly caner of Lot 7, Assessor's Subdivision of part of Farm Lot 5 and Lau 6, 7, 8; thence westerly along southerly line of said Lot 7, approximately 173 feet to the centerline of a public alley; thence northerly to the centreline of Walnut Avenue; thence westerly on Walnut Avenue to the westerly line extended southerly of Lot 1, Assessors Subdivision of Put of Farm Lot No. 5 and lots 6, 7, 8; thence northerly along the westerly line of said Lot l and Lot 13, of said Assessor's Subdivision to the centerline of Standish Street; thence Z along the cenurlu m x of Standish Street to the centerline of South State Street; thence northwesterly along the centerline of South State Street to the oentterlme of Locust Street; thence southwesterly aloetg the centerline of Locust Street to the centerline of Crystal Avenue; thence northwemerly dung the centerline of Crystal Avenue to the centerline of West Chicago Street; thence southwesterly along the centerline of West Chicago Street to the westerly line extended southeasterly of Lot 15. Block 34, W. C. Kimball's Original Plat, thence northwesterly along the westerly line of Lou 15, 14, 13, 12, Block 34, W. C. Kimball's Original Plat and Lots 9, 6, 7, 6, Block 35, W. C. Kimball's Original Plat to the centerline of Mountain Street; thence northeasterly along the centerline of Mountain Street to the centerline of Crystal Avenue; thence northwesterly along the centerline of Crystal Avenue to the northerly line of Lwrence Avenue; thence northeasterly along the northerly line of Lawrence Avenue to the westerly line of the Chicago and North Western Railway Company right-of-way; thence northwesterly along the westerly line of the Chicago and North Western Railway Company right-of-way to the point of beginning shall be known as Fire Zone No. 1. B. Section 515.0 Physically Handicapped and Aged is amended as follows: "515.1 Where required: The provisions of this section shall apply to and in all buildings and portions thereof of Use Group R -2. Use Groups A, B, F, L, M and R -1 shall comply with the State of Illinois Capital Development Board Accessibility Standards." "Section 515.2 Use Group R -1 is repealed." "Section 515.9 Assembly Seating Accomodations is repealed." "Section 515.9.1 Location is repealed." "Section 515.9.2 Access is repealed." "Section 515.11 Turnstyles is repealed." 16.04.120 BOCA Basic Building Code - Article 6 Amendments. A. Section 617.2.3 is amended to read as follows: "Section 617.2.3 Frame construction: A theatre with stage, fly galley and rigging loft shall not be permitted in a building of frame (Type 4) construction." B. Section 621.2 is amended to read as follows: "Section 621.2 is amended to read as follows: "621.2 Permits: A special temporary permit shall be secured from the building official for all such installations. Tents, air sup- ported structures and other temporary structures may be erected for a period not exceeding 30 days for religious, educational, recreational, or similar purposes. Temporary tents may be erected for a period not exceeding fifteen (15) days for other purposes upon written application to the building official. Applications shall include a description of the tent to be erected including the number and location of entrances and exits; the site on which the tent is proposed to be erected including the location and proximity of other structures; the purpose for which the tent is to be erected and including a description of any goods or merchandise to be displayed, offered for sale, bartered or given away. Said application shall be made not later than thirty (30) days prior to the commencement of use of said tent." C. Section 622.0 Parking Lots is repealed. Refer to Chapter 19.44. 16.04.130 BOCA Basic Building Code - Article 7 Amendments. Section 707.3 Crawl spaces is amended as follows: Change "18 inches" to "24 inches ". 16.04.140 BOCA Basic Building Code - Article 8 Amendments. A. Section 812.3 is amended to read as follows: 11812.3 Size of doors: The minimum width of single door openings shall provide a clear width of not less than thirty -two (32) inches. The maximum width shall be forty -eight (48) inches nominal. Means of egress doors in institutional buildings, Use Group I, used for the movement of beds shall be at least forty -four (44) inches wide. When the doorway is subdivided into two (2) or more separate openings, the minimum clear width of one (1) opening shall be not less than thirty- two (32) inches, and each opening shall be computed separately in determining the number of required units of egress width. A door forty (40) inches in width shall be deemed the equivalent of two (2) full units of egress width. The height of doors shall not be less than six and two - thirds (6 2/3) feet. B. Section 812.5 is amended by adding the following: ` "or approved equal" C. Section 815.3 Maximum slope; Table 815 Maximum Lengths and Slopes Allowed for Ramps; Section 815.4 Landings; and Section 815.5 Guards and handrails shall apply only to use Group R -2. All other use groups shall comply with the State of Illinois Capital Develop- ment Board Accessibility Standards. D. Section 816.2.1 is amended to read as follows: "816.2.1 Width: All interior exitway stairways shall be not less than forty -four (44) inches in width, except that such width may be reduced to thirty -six (36) inches in renovated structures." E. Table 816 Tread and Riser Size is amended as follows: Under "Use Group R -3 and within dwelling units in Use Group R -2" change Maximum Riser from "8', in." to "8 in." and Minimum Tread from "9 in." to "9 %z in. ", and add "Note d. Tread measurements shall be nosing to nosing." F. Section 816.5 is amended to read as follows: "816.5 Stairway guards and 'handrails: Stairways shall have continuous guards and handrails on both sides, and in addition thereto, stairways more than eight -eight (88) inches in width shall have intermediate handrails dividing the stairway into portions not more than eighty -eight (88) inches wide." G. Section 816.6.1 is amended to read as follows: "816.6.1 Width: The width of every exitway door to or from a stairway shall be not less than the number of units of exit width required for the capacity of the stairway which services the floor or area from which the exitway door leads; but such a door shall not be less than thirty -two (32) inches in clear width in all use groups. H. Section 823.1 is amended to read as follows: F' 11823.1 Location: In other than one and two - family (R -3) and multi- family (R -4) buildings having not more than eight (8) dwelling units, all means of egress shall be indicated with approved internally illum- inated signs reading EXIT visible from the exitway access and, when necessary, supplemented by directional signs in the access corridors indicating the direction and way of egress. All exit signs shall be located at exitway doors or exitway access areas, so as to be readily visible." I. Section 823.4 is amended to read as follows: "823.4 Power source: All exit signs shall be illuminated at all times, when the building is occupied, from an emergency electrical system as provided in the National Electrical Code (NEC). In those buildings required by Section 824.4 to have an independent power source for means of egress lighting, EXIT signs shall be connected to the independent power source or other approved auxiliary source of power to-assure continued illumination in case of emergency or primary power loss." 16.04.150 BOCA Basic Building Code - Article 9 Amendment. Section 909.2 is amended to read as follows: "909.2 Retaining walls: Retaining walls shall be designed to resist the lateral pressure of retained material. Walls retaining drained earth may be designed for pressure equivalent to that expected by fluid weighing not less than 45 pounds per cubic foot and having a depth equal to that of the retained earth. Any surcharge shall be in addition to the equivalent fluid pressure. Any deviation in de- sign shall be supported by supportive engineering data." 16.04.160 BOCA Basic Building Code Article 10 Amendments. A. Section 1007. Timber footings is repealed. B. Section 1007.3 Wood foundations is repealed. 16.04.170 BOCA Basic Building Code - Article 11 Amendments. A. Section 1123.3.1 Floor and roof sheathing is amended by adding the following: "No roof sheathing under one -half ('-�) inch shall be used." B. Table 1123.3.1 Allowable Spans For Plywood Floor and Roof Sheathing Continuous Over Two or More Spans and Face Grain Perpen- dicular to Supports (Span in Inches) is amended as follows: Under column headed "Thickness (inches) change "5/16" and "3/8" to read "112" 16.04.180 BOCA Basic Building Code - Article 12 Amendments. A. Section 1223.3.3.1 is amended to read as follows: "1223.3.3.1 Notches: Notch depth in the top or bottom of the joist, rafters and beams shall not exceed one -sixth (1/6) the depth of the members and shall not be located in the middle one -third of the span. Notch depth at the ends of the members shall not exceed one - fifth (1/5) the depth of the members. The tension side of beams, joists and rafters of 4 inch or greater nominal thickness shall not be notched, except at ends of members." B. Section 1225.2.1 is amended to read as follows: "1226.2.1 Bearing walls: Posts and studs in bearing walls and partitions shall be designed as columns, with due allowance for lateral support furnished by sheathing, intermediate bracing, horizontal bridging, wall coverings and the floor and roof assemblies. The walls shall be fabricated in such a manner as to provide adequate support for the material used to enclose the building and to provide for transfer of all lateral loads to the foundation in accordance with Section 1103.4." C. Section 1225.2.2 is amended to read as follows: "1225.2.2 Nonbearing walls: Studs in non - bearing walls and partitions shall not be spaced more than 48 inches on centers, and may be erected with the long dimension parallel to the wall, unless otherwise approved after test as an integrated assembly. A single top plate may be used provided the plate is adequately tied at joints, corners, and intersecting walls by at least the equivalent of 3 inch by 6 inch by 0.036 inch thick galvanized steel that is nailed to each wall or segment of wall by three 8d nails or equivalent, provided the rafters, joists, or trusses are centered over the studs with a tolerance of not more than 1 inch." 16.04.190 BOCA Basic Building Code - Article 13 Amendments. Section 1313.5 is amended to read as follows: "1313.5 Guardrails: Retaining walls with a difference in grade level in excess of four (4) feet shall be provided with a forty -two (42) inch guardrail or other approved protective measure." 16.04.200 BOCA Basic Building Code - Article 14 Amendments. A. Section 1407 is amended by adding the following: "1407.7 Row and Townhouses: The following requirements shall apply to any building containing three or more separate living units and considered as row or townhouses as defined below: 1. Row and Townhouses: A row or townhouse is a single living unit separated from other living units by a vertical living unit separation wall. Each townhouse shall be independently occupied from adjoining row or townhouses, with a maximum of two floors above grade. A row or townhouse may or may not be located on its own independent lot. 2. Living Unit Separation Wall: The living unit separation wall is to be a minimum eight (8) inch thick masonry wall of not less than F- three hour fire resistance separating units so that no more than one living unit is located between these separation walls. Each living unit separation wall shall be provided with a twelve (12) inch parapet where roof is of combustible construction. The living unit separation wall is not to be construed as a fire wall as defined under the building code. This does not prevent the separation wall from being constructed as a fire wall if necessary for limiting height and area as prescribed under this building code for the total collection of living units considered in one building. Penetration of this wall is not permitted except by steel beams with fire cut and four (4) inch minimum masonry protection at the ends of the beams. Exception: The 12 inch parapet may be eliminated if the roof is of noncombustible sheathing and Class A, B or C roof coverings are used for a distance of not less than eight (8) feet on both sides of the living unit separation wall. 3. Each grouping of occupancies shall meet the height and area and exposure protection requirements as indicated in the referenced building code. - B. Section 1408.3.1 is amended to read as follows: °1408.3.1 Hold open devices: Combination heat and smoke actuated hold open devices shall be installed on both sides of the wall, interconnected so that the operation of any single device will per- mit the door to close. Combination smoke and heat detectors shall be installed at the door opening and at the ceiling in conformance with NFiPA 80 listed in Appendix A." Section 1409.1.2 is amended to read as follows: "1409.1.2 Multiple single family dwellings: Single family dwelling units may be located above or adjacent to other single family dwell - ing units provided each dwelling unit is completely separated from the adjacent dwelling unit(s) by fire separation wall(s) and floor/ ceiling assemblies of not less than one hour fire resistance rated construction. Single family dwelling units having independent means of egress, when attached in this manner, shall be considered as one building classified as Use Group R -2 for the purpose of determining the applicable provisions of this code." D. Section 1410.3 Covered shaft enclosures is amended by repealing the "Exception ". E. Section 1426.2 is amended to read as follows: "1426.2 Scuttles: Trap doors and scuttles as required by Section 817.0 shall be not less than 2 feet by 3 feet or equivalent area in size. In Types 1 and 2 construction, trap doors and scuttles shall be of approved noncombustible materials." 16.04.210 BOCA Basic Building Code - Article 17 Amendments. Sections 1702.1 through 1902.19.1 are repealed in their entirety and the following is inserted: "1702.1 Where required: Fire suppression systems shall be installed and maintained in full operating condition, as specified in Article 14, Table 1402 in the following locations, except one and two- family dwellings. 1702.2 An approved automatic sprinkler system shall be installed throughout every building more than four stories in height. 1702.3 An approved automatic sprinkler system shall be installed in buildings less than five stories as hereafter pro - vided: a. Especially Hazardous Properties. Throughout every building classified in Use Group H. b. Use Groups M, S and F. 1) Throughout every Type 1 -A and 1 -B building if over two stories in height and more than 7,500 square feet in area. 2) Throughout every building of Type 2, 3 and 4 construction if more than 7,500 square feet in area. Exception: Open parking structures. c. Garages. Throughout all garages as follows: Type 1 -A,and 1 =B buildings over 10,000 square feet in area and in Type 2, 3 and 4 buildings over 6,000 square feet in area. d. Assembly Occupancies. Type A -1 -A, A -I -B, A -2 and A -3. Throughout all buildings if such places of assembly are located above or below the first or grade floor regardless of type of construction. Except as exempted under Section 507.1.2, throughout all buildings of such place of assembly over 10,000 square feet if of Typed , 2 -A or 3 -A construction, and over 4,800 square feet if of Type 2 -B, 2 -C, 3 -B, 3 -C or 4 construction. e. Assembly Occupancies - Type A -4. Throughout all exitway stairways, shops, kitchens, storage areas, janitor closets or other spaces where combustible materials are stored or handled regardless of type of construction if such building is over 4,800 square feet in area. If cellar or basement exceeds 2,500 square feet "m" shall apply. f. Institutional Buildings. Throughout all institutional buildings regardless of type of construction. Exceptions: Sprinklers may be omitted in security areas of penal institutions. g. Residential- Hotels. In the basements, cellars, storerooms, kitchens, workrooms, hallways and stairways of all Use Group R -1 occupancies other than Type 1 -A or 1 -B construction and less than 5,000 square feet. h. Residential Other than one or two - family. In the basements, cellars, storerooms, workrooms, hallways, and stairways of all Use Group R -2 occupancies of other than Type 1 -A or 1 -B construction and less than 5,000 square feet. i. Bus garages. In all bus garages when used as passenger termi e15 fn storage /A1 more .h.. Sef• �r when used for storae Or loading of four (4)�or more buses. -� j. Unlimited Area Buildings: In "unlimited area buildings" as required by Section 507. k. Aircraft Hangars. In aircraft hangars. 1. Storage and Workshop Areas. In all portions of Use Group A (assembly), B (business), I (Institutional) or R -1 and R -2 (resi- dential, hotels and multifamily) occupied for storage, workshops or similar purposes. Exception: Individual storage or workshop areas located entirely within a dwelling unit. m. Cellar or Basement. In every story, cellar or basement of all buildings where there is not provided at least twenty (20) square feet of opening entirely above the adjoining grade level in each fifty (50) lineal feet of exterior wall in the story, cellar or basement, on at least two sides of the building. Openings shall have a minimum dimension of not less than twenty -two (22) inches. Such openings shall be unobstructed to allow firefighting and rescue operations from the exterior. - Exception: If the area of a cellar exceeds two thousand, five hundred (2,500) square feet, an automatic suppression system is required. For the purposes of this section, an opening in an exterior wall qualifies as follows: 1) Doors or access panels may be included in the determination of openings. 2) Windows may be included in the determination of openings if they provide a breakable glazed area of not less than twenty -two (22) inches in its least clear dimension. n. Painting Rooms. In spray painting rooms or shop when paint- ing, brushing, dipping, or mixing is regularly conducted using flam- mable materials. o. Trash Rooms and Chutes. In rooms or areas used for inciner- ation, trash, laundry collection, or similar uses. At alternate floor levels and at top of all chutes used in conjunction with these rooms or areas. If 2,500 square feet, section "m" shall apply. Exception: Such room located entirely within and serving a single dwelling unit. p. Unenclosed Vertical Openings. In unenclosed vertical openings between floors as required by Sections 631 and 816.6. q. Range Hoods. In range hood in accordance with the mechanical code listed in Appendix B and as follows: 1) System operation: When the fire suppression system is acti- vated, all gas and electrical sources serving cooking appliances, grease consuming, appliances or fume incinerators and equipment associated with the hoods shall be automatically deactivated. Such gas and electrical sources shall not be capable of reactivation except by manual means after the fire suppression system has been serviced and is again ready for action. 2) Actuation: Hood and duct suppression (extinguishing) systems shall provide for both automatic and manual actuation of the system. Exception: Automatic sprinkler systems need not be provided with means for manual actuation. 3) Manual station location: A manual station for actuation of the suppression (extinguishing) system shall be located at or near one of the means of egress from the area but not nearer than 10 feet to the range hood unless otherwise specifically approVed, and shall be securely mounted not less than 41; feet nor more than 5 feet above the floor. 4) Maintenance: The system shall be maintained at full operating capacity by the owner or tenant and shall be serviced every six months 5) Nozzle accessibility: All nozzles shall be accessible for cleaning and replacement. 6) CO2 system installation: CO2 (carbon dioxide) suppression (extinguishing) systems shall be installed in accordance with this section and Section 1708.6. 7) Dry chemical system installation: Dry chemical (approved dry chemical extinguishing media) suppression systems shall be in- stalled in accordance with this section and Section 1710.6. r.' Alternate Protection. In special use areas of buildings or structures, an automatic fire alarm system may be installed in lieu of a fire suppression system when approved by the building official and fire department and when such fire suppression system installa- tion would be detrimental or dangerous to the specific use or occupancy and special use areas are separated in accordance with the requirements of Article 14, Table 1402. Section 1708.6 is amended to read as follows: "1708.6 Range hoods: In addition to the requirements of this section and the requirements_of Section 1702.3.q as amended, range hood carbon dioxide systems shall conform to the requirements of Section 1708.6.1 through 1708.6.6. C. Sections 1710.6, 1710.6..1, 1710.6.2, 1710.6.3, 1710.6.4, 1710.6.5, 1710.6.6 and 1710.6.7 are amended to read as follows: "1710.6 Range hoods: In addition to the requirements of this section and the requirements of 1702.3.q as amended, range hood dry chemical systems shall conform to the requirements of Section 1710.6 through 1710.6.7 as amended. 1710.6.1 Labeling: Dry chemical systems shall bear the label of a nationally recognized testing or inspection agency and shall be installed in accordance with their recommendations and shall be approved by the department and fire department. 1710.6.2 Size: Th,? size of hood and duct covered by a single system shall not exceed the agency's recommendation. 1710.6.3 Dry chemical. Dry chemical agent used shall be non- toxic. 1710.6.4 Multiple hood protection: Xultiple hoods may be protected by a common system if in conformance with a report of a nationally recognized testing or inspection agency. 1710.6.5 Duct system limitation: Each duct system shall constitute an individual system serving only exhaust hoods on one (1) floor. 1710.6.6 Container location: Dry chemical bottles shall be located at least fifteen (15) feet from the range or range hood, or as approved by the department and fire department. r- 1710_6.7 Portable fire extinguishers: An approved portable fire extinguisher having at least a twenty (20) B.C. rating shall be provided and located not more than fifteen (15) feet and not less than ten (10) feet from the hazard." D. Section 1716.8 is amended to read as follows: 111716.8 Power supply. The power for the automatic fire alarm system shall be provided from an emergency electric system as defined in the National Electrical Code. Exception: Automatic fire alarm systems for use groups R -2 and R -3 as required by Section 1716.3.4." E. Section 1717.6 Power supply is amended by adding the following: "as defined in the National Electrical Code." 16.04.220 BOCA Basic Building Code - Article 18 Amendments. A. Section 1807.2.1 ,Deep excavations is amended by inserting the following dimensions: "three (3) feet, six (6) inches" B. Section 1807.2.2 Shallow excavations is amended by inserting the following dimensions "three (3) feet, six (6) inches" 16.04.230 BOCA Basic Building Code - Article 20 Amendment. Article 20 - Electrical Wiring and Equipment is repealed. Refer to Chapter 16.24 of the Municipal Code of Elgin. 16.04.240 BOCA Basic Building Code - Article 22 Amendment. Article 22 - Plumbing Systems is repealed. Refer to Chapter 16.20 of the Municipal Code of Elgin. 16.04.250 BOCA Basic Building Code - Article 23 Amendments. A. Section 23301.6 is amended to read as follows: "2301.6 Service equipment requirements: All service equipment shall comply with the requirements of Article 15, Chimneys, Flues and vent Pipes; Article 17, Fire Protection Systems as amended; Appendix A for Air- Conditioning and Ventilating Systems and Equipment; and the Elgin Municipal Code, Chapter 16.20, Plumbing; Chapter 16.24, Elec- trical; Chapter 16.36 Air - Conditioning and Refrigeration Systems." B. Section 2316.1 is amended to read as follows: "2316.1 General: All installation of plumbing, drainage and gas piping systems shall comply with the provisions of Chapter 16.20, Plumbing P_� s a6 Elnin Municipal Code." Plumbing t,vue, o. �,.e ,, C. Section 2317.1 is amended to read as follows: "2317.1 General: All installation of heating and air conditioning shall comply with Article 15, Chimneys, Flues and Vent Pipes; Appen- dix A. Mechanical Code; and Chapter 16.32 Warm Air Heating Code and Chapter 16.36, Air Conditioning and Refrigeration Systems of the Elgin Municipal Code." 16.04.260 BOCA Basic Building Code - Article 24 Amendments. A. Section 2405.1 is amended to read as follows: "2405.1 Skylight assemblies: Plastic skylight assemblies shall be glazed with approved plastic materials, except in Use Group H, in accordance with Sections 2405.2 through 2405.7. Exceptions: 1) This section shall not apply to a skylight on a building which is not more than one story in height, has a fire- separation of at least 30 feet and the room or space shel- tered by the roof is not classified as Use Group H or I or a means of egress. 2) This section shall not apply to skylights in which the plastic material meets the fireresistive requirements of the roof." B. Section 2405.2 is amended to read as follows: "2405.2 Mounting: The plastic shall be mounted above the plane of the roof on a curb constructed consistent with the requirements for the type of construction classification, but at least four (4) inches above the plane on pitched roofs of 4 in 12 or greater, and a mini- mum of nine (9) inches on roofs of less than 4 in 12 pitch, including flat roofs. Edges of plastic skylights or domes shall be protected by metal or noncombustible material." C. Section 2405,0 Skylight assemblies is amended by adding the following section: "2405.2.2 Dome thickness: All plastic skylight dome thicknesses shall be in accordance with AAMA Specifications (Architectural Aluminum Manufacturer's Association) and shall be designed for a minimum live load of 40 psf." 16.04.270 BOCA Basic Building Code - Article 25 Amendment. Article 25 - Energy Conservation is repealed. 16.04.280 Conflicts with other provisions. In all instances where the provisions of the Basic Building Code adopted in this chapter conflict with specific provisions of the electrical code, plumbing code, heating code or fire prevention code of the city, either as presently adopted or to be adopted or amended in the future, the specific provisions of these individual codes shall supersede and take precedence over the conflicting provisions in the Basic Building Code. In addition where there is a conflict between the provisions of the 1977 SBOC Building Code including amendments through December 1980 and the Basic Building Code then the SBOC Building Code shall control and its provisions shall be followed. 16.04.290 SBOC Building Code - Section 200 Amendments. A. Section 200_A.4. is repealed. B. Section 200.D_2 is amended by adding: "Provide condensate drip- back'prevention - insulate or duct pitch." C. Section 200.D. is amended by adding: "200.D.3 Powder rooms comprised of a water closet and a lavatory only, may use a ductless exhaust system or an approved air circulating device." D. Section 200.H. is amended by adding: "Section 200.n.3. There shall be a minimum distance of twenty -four (24) inches between finished grade of crawl space and underside of floor joists." E. Section 201.A.3 is amended to read as follows: "201.A.3. Bathroom: Size: Minimum size with water closet, lavatory and tub or shower shall be five (5) feet wide by seven (7) feet in length. The water closet may be located in a separate compartment adjoining the'bathroom." F. Section 201.D.2.a. is amended by adding: "Minimum clearance eighteen (18) inches." G. Section 204.A. is amended by adding: "Section 204.A.5.. Sleeping Rooms. Every sleeping room shall have at least one (1) operable window minimum net clear open- ing of five and seven- tenths (5.7) square feet or exterior door for emergency egress or rescue. Sill height of window, maximum forty -four (44) inches above floor." H. Section 206.B.2(a) is amended to read as follows: "206.B_2(a) All habitable rooms: 2'6" wide by 6'8" high .' I. Section 207.A.3. is amended by adding: "Treads shall be measured from nosing to nosing." 16.04.300 SBOC Building Code - Section 300 Amendments. A. Section 300.E.2(c) is amended to read as follows: "30O.E.2(c) Insulation shall be installed to extend from the underside of sub - flooring to the top of the footing or a minimum of one foot below the finished interior crawl space grade." B. Section 305.J. is amended by adding: "Section 305.J.8. Prefabricated fireplaces and woodburning stoves shall be installed according to manufacturer's instructions." C. Section 307.C.4(i) is amended by adding: "Section 307.C.4(j) 3. Cross- bridging distance above bottom of floor joists not to exceed one -half (z) inch." D. Section 307.D.2. is amended by adding: "Section 307.D.2.(c) Stiff back shall be required when ceil- ing joist span is in excess of twelve (12) feet." E. Section 30i.E,2.(e) is amended by adding: "Required ridge boards shall be one size larger than rafter material used." F. Section 307.F.1.(c) is ainended to read as follows: "Section 307.F.1.(c) Maximum spacing for ail construction 16 inches on center; one -story detached accessory buildings not exceeding four hundred (400) square feet, twenty" -four (24) inches on center. On exterior wall framing, 2" x 6" 's twenty -four (24) inches on center may be used only when one - half (?,) inch construction grade plywood or equivalent is used for exterior sheathing and the minimum of 5/8 inch sheetrock or equivalent is used on the interior." G. Section 307.G.1.(d) is amended to read as follows: "Section 307.G.1.(d) Partitions 6 feet or over in length without openings. Minimum Size Maximum Spacing 2x4s (2" thickness) 16" on center 2x4s (4" thickness) 24" on center H. Section 310.6.6. is amended to read as follows: "Section 310.6.6. Reroofing. No nore than three (3) layers without architect's written approval. Metal edgingshall be required if reroofing is over wood shingles." I. Section 310.C. is amended by adding: "Section 310.C.5. Reroofing according to manufacturer's specifications." J. Section 311.0.2. is amended by adding: "Section 311.D.2.(c) In lieu of metal valleys, a shingled -in valley may be installed. The shingles on the first section of roof to be shingled, shall extend not less than one (1) foot past the valley. The shingles on the roof coming into the valley shall be cut to a straight line not more than two (2) inches out of the valley line." K. Section 311.E. is amended by adding: "Section 311.E.3. Wood gable finished siding held 3/4" above sloping roof." L. Section 312.C. is amended by adding: "Outlet shall not be allowed to discharge into the sanitary sewer." M. Section 315.A. is amended by adding: "Section 315.A.6. Kitchen or bathroom fans shall not exhaust into garage area." N. Section 315.B.1.(d) is amended to read as follows: "Section 315.B.1.(a) Foundation walls and footing may not be less than 42" below finish grade, 6" minimum thickness 12'' the at the top and may be flared to not less than at bottom." 0. Section 315.B.1.(c) is amended to read as follows: "Section 315.B.1.(c) Studs, maximum. spacing 24" O.C. if four hundred (400) square feet or less. Maximum spacing (400) square feet. Doubling 16" O.C. if over four hundred required oh jambs of opening less than 3'5" of studs not wide. Rafters in all cases shall be sixteen (16) inches of twenty -four O.C. If approved trusses are used, spacing (24) inches will be allowed." F. Section 315.6. is amended by adding: "Section 315.B.2. Maximum height not to exceed twelve (12) feet." Q. Section 315.C. is amended by adding: "Section 315.C.2. Maximum height not to exceed twelve (12) feet." 133 VOLUME XLVII 16.04.301. Conflicts with other provisions. In all instances where the provisions of the Suburban Building Officials Building Code adopted in this chapter conflict with specific provisions of the electrical code, plumbing code, heat- ing code or fire prevention code of the city, either as presently adopted or to be adopted or amended in the future, the specific provisions of these individual codes shall supersede and take precedence over the conflicting provisions in the SBOC Building Code. Provided however the SBOC Building Code shall take precedence over the Basic Building Code when they are in conflict. 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. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 24, 1982 Passed: February 24, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: Us/ i ai Marie Yearman, City Clerk 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. VOLUME XLVII Ordinance No. G18 -82 134 AN ORDINANCE AMENDING CHAPTER 16.28 ENTITLED "FIRE PREVENTION CODE" BY ADOPTING BY REFERENCE THE FIRE PREVENTION CODE, 1976 EDITION WHEREAS, the City of Elgin may adopt certain codes and public ordinances, by reference, pursuant to the provisions of Division 3 of Article 1 of the Illinois Municipal Code of 1951, (Illinois Revised Statutes, 1977, Chapter 24, Section 1 -3 -2, et seq.); and WHEREAS, said rules and regulations have been on file in the office of the City Clerk for more than thirty (30) days preceding the passage of this ordinance; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt the 1976 edition of the "Fire Prevention Code: recommended by the American Insurance Associa- tion, and as further amended herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 16.28 entitled "Fire Prevention Code'be and is hereby amended as follow!: 16.28.010 Adoption of Fire Prevention. Code. "There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the "Fire Prevention Code" recommended by the American Insurance Association, being parti- cularly the 1976 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which code is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chap- ter shall take effect, the provisions thereof shall be controlling within the limits of the jurisdiction of the city." 16.28.040 Establishment of limits of districts in which storage of explosives and blasting agents is prohibited. The limits referred to in Section 12,5b of the Fire Prevention Code, in which storage of explosives and blasting agents is prohibited, are established as follows: Fire Limits as defined in Section 16.04.110 and only outside of fire limits in such areas within the corporate limits where such use is specifically permitted as a special use under the provi- sions and regulations of the Elgin zoning ordinance. 16.28.050 is amended to read as follows: "16.28.050 Establishment of limits of districts in which storage of flammable liquids in outside aboveground tanks is prohibited. A. The limits referred to in Section 16.22a of the Fire Prevention Code, in which storage of flammable liquids in outside aboveground tanks is prohibited, are established as follows,; Within the cor- porate limits of the city, (except those facilities approved and existin at the effective date of the ordinance codified in this chapter. B. The limits referred to in Section 16.61 of the Fire Prevention Code, in which new bulk plants for the flammable or combustible liquids are prohibited, are established as follows: Within the corporate limits of the city. 16.28.055 is added as follows: "16.28.055 Temporary use of aboveground flammable liquid storage tanks at construction sites. A. The use of temporary aboveground storage tanks for flammable liquids as described herein shall be limited to construction sites of a size not less than four unit multiple dwelling facilities or industrial structures. A permit for installation of such tanks shall be obtained from the city. Such installation to be made no sooner than seven (7) calendar days prior to the actual commencement of construction. B. Storage shall be limited to 300 gallons or less. C. Containers shall be stored outside buildings and shall be of single compartment design constructed throughout of fourteen gauge metal or heavier and made vapor tight by welding or equivalent con- struction. 1. A fill opening shall be provided and shall be equipped with a closure designed so that it may be locked. 2. A vent shall be provided to relieve such vacuum or pressure as will develop in normal operation or from exposure to fire, such vent shall have a free opening of one and one -half (1k) inches in diameter. 3. Containers shall be kept outside and at least fifty (50) feet from any building or combustible storage and shall be so located or such additional distance to building shall be provided as will insure that no vehicle, equipment or vessel being filled directly from such container shall be closer than fifty (50) feet to any building. D. Containers as above may be of either of the following types: 1. Containers with top openings only, . Containers constructed and located as provided above may be designed with all openings in the top of the tank and in such event shall be mounted and equipped as follows: Containers shall be mounted on timbers or blocks approximately six inches in height so as to protect the bottom of the con- tainer from corrosion from contact with the ground, and when so placed to be in a stable position. Containers shall be equipped with a tightly and permanently attached approved pumping device, having an approved hose of sufficient length for filling vehicles or equipment to be served from the con- tainer. Either the pump or the hose shall be equipped with a padlock to its hanger to prevent tampering. An effective anti- siphoning device shall be included in the pump discharge. Siphons or internal pressure discharge devices are prohibited. Container elevated for gravity discharge. Containers constructed and located as above may be designed with an opening in the bottom or the end of the tank for gravity dispensing of flammable liquids and shall be mounted and equipped as follows: Supports to elevate the tank for gravity discharge shall be of noncombustible materials and of adequate strength and design to provide stability. Bottom opening for gravity discharge shall be equipped with an internal safety valve, which will close automatically in the event of fire through the operation of an effective heat releasing device and which likewise may be quickly operated manually. The gravity dis- charge outlet shall be provided with an approved hose equipped with a self - closing valve at the discharge end, of a type that can be padlocked to its hanger to prevent tampering. E. Marking of Containers. Containers for the storage of flammable liquids shall be conspicuously marked with the name of the product which they contain and "FLAMMABLE - KEEP FIRE AND FLAME AWAY ". Con- tainers shall bear the additional marking "KEEP 50 FEET FROM BUILD- INGS ". Clearance of fifty (50) feet from buildings shall apply to all combustible structures. Temporary containers for the storage of flammable liquids shall be drained and removed from premises within thirty (30) days of the termination of use of the equipment for which required, and in all cases at the completition of con- struction. 16.28.060 is amended to read as follows: "16.28.060 Establishment of limits in which bulk storage of liquefied petroleum gas is restricted. The limits referred to in Section 21.6a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are established as follows: Fire limits as defined in Section 16.04.110, and only outside of fire limits in such areas within the corporate limits where such use is specifically permitted as a special use under the provisions and regulations of the Elgin zoning ordinance." 16.28.•070 is amended to read as follows: "The routes referred to in Section 12.7.o. of the Fire Preven- tion Code for vehicles transporting explosives and blasting agents are established as follows: A. Route 25, north and south; B. Randall Road, north and south; C. Illinois Tollway, east and west; D. Route 20 Bypass, east and west. 137 VOLUME XLVII 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: February 24, 1982 Passed: February 24, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: �Attest: s/ Marie YeaAman Marie Yearman, City Clerk Councilwoman Nelson 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. VOLUME XLVII Ordinance G5 -82 AN ORDINANCE AMENDING THE OFFICIAL SALARY PLAN FOR THE CITY OF ELGIN AND ESTABLISHING AN EXEMPT MANAGEMENT POSITION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section to That Ordinance G3 -82 entitled "An Ordinance Amending Article IV. Entitled "The Adoption and Administration of Position Classifi- cation and Pay Plans" of Chapter 6 of the City Code- (Ordinance No._ S -569, Passed December 23, 1955) as Pertains to the Compensation Plan to the Schedule of Standard Salary Ranges and the Official Salary Plan of the City of Elgin, Illinois, as Amended" is hereby amended as follows: A. That the position titled "Fire Chief" is hereby deleted from Range 57A under Section 1 of said ordinance and - placed in Range 59A of the same. Section 1. B. That the position titled "Data Processing Supervisor" is hereby deleted.from Range 40C under Section 3 of said ordinance and placed in Range 43B in Section 2 of the same ordinance. C That the position of "Transit Supervisor" is hereby deleted from Range 34C under Section 3 of said ordinance and placed in Range 38C of the same Section 3. D That the position of "City Clerk" is hereby deleted from Range 33C under Section 3 of said ordinance and placed in Range 35C of the same Section 3. E. That the position of "Water Laboratory Chemist" is hereby deleted from Range 29C under Section 3 of said ordinance and placed in Range 31C of the same Section 3. F. That the position of "Programmer" is hereby established and placed in Range 29C of Section 3 of said ordinance. G. That the position of "Personnel Assistant" is hereby established and placed in Range 24C of Section 3 of said ordinance. H. That the position of "Legal Secretary" is hereby deleted from Range 13C under Section 3 of said ordinance and placed in Range 15C of the same Section 3. I. That the position of "Personnel Clerk" is hereby deleted from Range 13C under Section 3 of said ordinance. 138 139 VOLUME XLVII Section 2. That Ordinance G14 -82 entitled "An Ordinance Amending Article IV. Entitled "The Adoption and Administration of Position Classifi- cation and Pay Plans" of Chapter 6 of the City Code (Ordinance No. S -569, Passed December 23, 1955) as Pertains to the Compensation Plan to the Schedule of Standard Salary Ranges and the Official Salary Plan of the City of Elgin, Illinois, as Amended" is hereby amended as follows: A. That the position ,of "Water Maintenance Mechanic" is hereby established and placed in Range 24L of said ordinance. Section 3. That Ordinance G17 -80 entitled "An Ordinance Amending Article 2V. Entitled "The Adoption and Administration of Position Classifi- cation and Pay Plans" of Chapter 6 of the City Code (Ordinance No. S -569, Passed December 23, 1955) as Pertains to the.Compensation Plan to the Schedule of Standard Salary Ranges and the OfficialSSalary Plan of the City of Elgin, Illinois, as Amended,, -is hereby amended as follows: A. That the position of "Programmer" is hereby deleted from Range 24S of said ordinance. B. That the position of "Purchasing Technician" is hereby deleted from Range 23S of said ordinance. C. That the position of "Purchasing Assistant" is hereby established and placed in Range 23S of said ordinance. Section 4. That Ordinance G81 -80 entitled "An Ordinance Amending the Management Group Benefit Program" is hereby amended by adding the position of "Programmer" to Section 3 o said ordinance. Section 5. That Ordinance G83 -80 entitled "An Ordinance Establishing Exemptions From the Classified Service of the City of Elgin" is hereby amended by adding the position of "Programmer" to Section 1 of said ordinance. Section 6. That this ordinance shall be in full force and effect February 21, 1982 in the manner provided by law. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented; February 24, 1982 Passed: February 24, 1982 Vote; Yeas 7 Nays 0 Attest: kA � s/ Marie Yearm�an� -� Marie Yearman, City C er VOLUME XLVII REPORTS RECEIVED AND ORDERED PLACED ON FILE Public Property and Recreation Board Minutes for 1/26/82 Cemetery Report for January, 1982 Traffic, Committee Minutes for 2/4/82 Budget Summary dated February 8, 1982 140 Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to place the above reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and.Mayor Verbic. Nays: None. RESOLUTION ADOPTED TO PARTICIPATE UNDER THE ILLINOIS -FIRE PROTECTION AND 'T AINING ACT 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. 141 VOLUME XLV I I RESOLUTION TO PARTICIPATE UNDER THE ILLINOIS FIRE PROTECTION AND TRAINING ACT WHEREAS, the City of Elgin is desirous of electing to participate in the program under the Illinois Fire Protection and Training Act, Illinois Revised Statutes, 1979, Chapter 85, Sections 531 -5439 and WHEREAS, in order that the City be eligible for initial or continued participation in the program, the law requires that before an individual may commence regular non - probationary employment as a firefighter, he must have been certified by the Office of the State Fire Marshal, Division of Personnel. Standards and Education as having successfully completed an approved training course; and WHEREAS, the City of Elgin intends to establish its own school or to utilize some other school certified by said Division for the purpose of providing the training required under said Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby elects to participate in the program provided for in the Illinois Fire Protection Training Act. BE IT FURTHER RESOLVED that before an individual may commence regular non- probationary employment as a firefighter, he must have been certified by the Office of the State Fire: Marshal, Division of Personnel Standards and Education, as having successfully completed an approved , training course as provided in said Act. BE IT FURTHER RESOLVED that such basic training must be completed by the trainee within his probationary period of twelve (12) months. BE IT FURTHER RESOLVED that the Board of Fire and Police Commissioners are hereby instructed and directed to make the necessary amendments to the Personnel Rules, the Manual of Rules of the Elgin Fire Department, and Rules of said Board of Fire and Police Commissioners in order to require' that any person appointed to the Fire Department of the City of Elgin shall not become a regular non - probationary member of the Elgin Fire Department unless and until he shall have completed, pursuant to said Illinois Fire Protection and Training Act, the approved training course within twelve (12) months of the date of his initial employment, s/ Richard L Verbic TM EM E. Verbic, Mayor Presented: February 24, 1982 Adopted: February 24, 1982 Vote: Yeas 7 Nays 0 Recorded. Attest: s/ Marie YeaMTian Marie Yearman, City Cler VOLUME XLVII ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT OF COUNCIL MEETING AND RESUMPTION OF THE COMMITTEE OF THE WHOLE MEETING Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adjourn the Elgin City Council Meeting and resume the Elgin Committee of the Whole Meeting. Yeas; Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The Council Meeting was adjourned at 9:50 P.M. � p n Marie Yearman City Clerk 142 Volume XLVII March 10, 1982 142 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 10, 1982, at 8:55 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 Kirkland. 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 FEBRUARY 24, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Hansen, to approve the February 24, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic, Nays: None. BID OPENING FOR THE SALE OF LARKIN AVENUE Mike Sarro advised the Council that no bids were received as of 8 :00 p.m., this evening for the sale of this property. The City did send out ten or twelve individual solicitations to people who had inquired about the property within the past year, but only one person opted to go through the house during our bidding period. The building has no market value at this point in time, at the bid we set it at. Now whether it has at some lower figure, it's up to conjecture, or whether it is just the market right now. Mr. Sarrow stated that he would come back on March 31st with an idea as to what our next move might be. BID AWARDED FOR POLICE CARS Councilman Gilliam made a motion, seconded by Councilman Kirkland, to award the bid for 8 squad cars and 1 administrative sedan to the low bidder, Schaumburg Dodge, for the sum of $70,536.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verb;... Nays: ivGne. J, 143 Volume XLVII BID AWARDED FOR SOFTBALL SUPPLIES Councilman Gilliam made a. motion, seconded by Councilwoman Nelson, to award the bid for 106 dozen softballs to the low bidder, Hayden's Sport Center, for the sum of $4,912.40, and the bid for various other field supplies to the low bidder, Ned Singer's Sport Supply, for the sum of.$722.00. Yeas-. Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED PROHIBITING LEAF B RNING IN APRIL IN THE °CITY OF ELGIN Mayor Verbic passed out letters for the Council's consideration, which were received from Sue Izzo, Helen and James Salisbury, and Ed Haring, relative to leaf burning. Councilman Schmidt asked if the ordinance could be amended so the citizens could at least have one week to burn leaves in April. The Corporation Counsel indicated this could be done. Councilman Schmidt made a motion, seconded by Councilman Kirkland, that the ordinance be amended to read that one week out of the month of April it would be permissible to burn leaves, Joan Garrett, representing the League of Women Voters, stated their association had been in touch with the League in Rockford because they had supported the leaf burning ban in Rockford. They did learn that Rockford does have some alternatives but they do not have the details at this time. Mrs. Garrett further stated that Rockford did try this one week of burning and it was so bad people could not find their way, to their homes, because everybody decided they had to burn at the same time and the smog was very bad. Mrs. Garrett asked that until they receive further information, just in the name of clean air and good health, that the Council ban leaf burning in April, and then they will pursue this matter in the Fall. Mayor Verbic called for the question on Councilman S'chmidt's motion. Yeas: Councilmen Schmidt and Waters. Nays: Councilmen Gilliam, Hansen, Kirkland, Nelson and Mayor Verbic. Councilwoman Nelson made a motion, seconded by Councilman Hansen, that the ordinance as presented tonight be passed. Yeas Councilmen Hansen, Nelson, Waters and Mayor Verbic. Nays: Councilmen Gilliam, Kirkland and Schmidt. Volume XLVII 144 Ordinance No. G21 -82 AN ORDINANCE PROHIBITING LEAF BURNING IN APRIL IN THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 9.28.135A of Chapter 9;28 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: "A. The burning of leaves is permitted within the corporate boundaries of the city during the months of October and November on private property." 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 he in full force and effect from and after its passage and publication in the manner provided by law. s/ Richard L. Verbic Richard L. er ic, ayor Presented: March 10 1982 Passed: March lb, 1982 Vote: Yeas 4 Nays 3 Recorded: Published: Attest: s/ Marie YearMan Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH INTERNATIONAL SYSTEMS. INC. Councilman Waters made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: Councilmen Hansen and Nelson, 145 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH I.NTERNATIONAI, SYSTIMS, INC. Volume XLVII 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 Ri and L. er ic, Mayor Presented: March 10, 1982 Adopted: March 10, 1982 Vote: Yeas 5 Nays 2 Recorded: ,Attest: M s/ Marie Yea man Marie Ye arman, city Cler RESOLUTION ADOPTED IN LIEU OF SURETY BOND FOR WORK DONE 1N STATE OF ILLINOIS RIGHTS OF WAY 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 XLVII 146 RESOLUTION IN LIEU OF SURETY BOND FOR WORK 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 1982, 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. er ic, Mayor Presented: March 10 1982 Adopted: March f0, 1982 Vote: Yeas 7 Nays 0 Recorded° Attest: �j s/ Marie mo Marie Yearman, qty Clerk 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. 147 Volume XLVII RESOLUTION AUTHORIZING AN AGREEMENT WITH JEWEL COMPANIES, INC. TO REGULATE PARKING IN CERTAIN AREAS WHEREAS, Jewel Companies, Inc., a private corporation, owns and operates a store at 822 Summit Street within the corporate limits of the City of Elgin, Illinois; and WHEREAS, said store has a parking lot accessory to the store build- ing; and WHEREAS, Jewel Companies, Inc. desires to empower the City of Elgin to regulate the parking of automobiles and traffic at such parking area in a certain mariner; and WHEREAS, Section 11 -209 of Chapter 95' of the Illinois Revised Statutes, 1979, authorizes the corporate authorities of any municipality to enter into such a contract for such purposes, 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 enter into a written contract on behalf of the City of Elgin with Jewel Companies, Inc. for the regulation of the parking of automobiles and traffic in the parking lot accessory to the store building of Jewel Companies, Inc., a copy of which is attached hereto and made a part hereof by reference.. BE IT FURTHER RESOLVED that said contract shall be recorded in the Office of the Recorder of Deeds of Cook County; Illinois. s/ Richard L. Verbic 1=7 L. Verbic, Mayor Presented: March 10, 1982 Adopted: March 10, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yeai°man Marie Yearman, City C er " ORDINANCE PASSED PROHIBITING PARKING ON A PORTION OF AIRPORT ROAD AND TOLLGATE ROAD 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. Nayse None. Volume XLVII 148 Ordinance No. G22 -82 AN ORDINANCE PROHIBITING PARKING ON A PORTION Or AIRPORT ROAD AND TOLLGATE ROAD 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: Airport Road, both sides, from Illinois Route 31 to two hundred feet east and southeasterly thereof. Tollgate Road, both sides, from Illinois Route 31 to two hundred feet west and southwesterly thereof. 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. s/ Richard L. Verbic Richard . Verbic, Mayor Presented: March 10, 1982 Passed: March 10, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Year)4an Marie Yearn ity er ORDINANCE PASSED ESTABLISHING FEES FOR THE CONNECTION AND USE OF CERTAIN WATER - MAIN IMPROVEMENTS Councilman Hansen 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. 149 Volume XLVII Ordinance No. T1 -82 AN ORDINANCE ESTABLISHING FEES FOR THE CONNECTION AND USE OF CERTAIN WATERMAIN IMPROVEMENTS WHEREAS, the City of Elgin has caused certain watermain improvements to be made and identified as Valley Creek Unit No. 1 watermain improvements; and WHEREAS, the cost to the developer, Valley Creek of Elgin, Inc., to be - reimbursed amounted to $35,857.50; and WHEREAS, said improvements extend across property located within the City of Elgin for a distance of 2,225 feet; and WHEREAS, the City of Elgin is a home rule unit empowered to exercise any power or perform any function pertaining to its government and affairs; and WHEREAS, it is reasonable to require owners of property adjoining said improvement to bear a proportionate share of the cost of said improvement in the event that said owners desire to connect to and use said watermain. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section to That any owner of property adjoining the above described Valley Creek Unit No. 1 watermain improvement who desires to connect to and use said facilities shall pay to the City Treasurer of the City of Elgin, Illinois, a fee in an amount determined at the rate of $8.06 per front foot of such owner's property adjoining said improvement. Said fee shall be in addition to any and all other fees established by the City of Elgin for water service. Section 2; That in accordance with the provisions of Section 1 of this ordinance, the following amounts are established to be paid for connection to property adjoining the Valley Creek Unit No< 1 watermain improvement: Front Parcel Number Tax Number Owner Footage Amount 4 06 -16 -201 -001 Ottinger, Frederick J. 6 300.50 $2,422.03 Virginia H. 2120 West Highland Avenue Elgin, IL 60120 5 06 -16- 201 -002 Osterberg, Louis C. 0 216.55 $1,745.39 Margaret D. 2110 West Highland Avenue Elgin, IL 60120 6 06 -16- 201 -003 Heuer, Paul L. $ 128.36 $1,034.58 Loretta M. 2100 West Highland Avenue Elgin, IL 60120 1100 Larkin Avenue Elgin, IL 60120 11 06 -09- 377 -005 Pillinger, Herbert H. Jr. Front $4,836.00 Parcel Number Tax Number Owner Footage Amount 7 06- 16- 201 -004 Wencek, Philip J. & 204.5 $10648.27 12 06 -09- 377 -004 Sarah L. 208.00 $1,676.48 Rt. 2, Box 35ZA West Dundee, IL 60118 8 06 -16- 202 -001 The Northern Trust Co. 972.00 $7,834.32 Tr. #TH00129' 100 West Mall Drive 14 06 -09- 377 -002 Carpentersville, IL 60110 30.00 $ 241.80 9 06 -16- 126 -002 The Northern Trust Co. 102.00 $ 822.12 Tr. #TH00129 15 06 -09 -377 -001 100 West Mall Drive 135.00 $1,088.10 Carpentersville, IL 60110 10 06 -16 -126 -001 Pillinger, H.H. $ Kathryn 70.00 $ 564;20 1100 Larkin Avenue Elgin, IL 60120 11 06 -09- 377 -005 Pillinger, Herbert H. Jr. 600.00 $4,836.00 1100 Larkin Avenue Elgin, IL 60120 12 06 -09- 377 -004 Mueller, Carl F, Dorothy 208.00 $1,676.48 2860 Northcliffe Blvd. Spring Hill, FL 33526 13 06 -09- 377 -003 Whisler, Wm. H. $ Helen 108.00 $ 870.48 2241 West Highland Avenue Elgin, IL 60120 14 06 -09- 377 -002 Mason, Robert F. F, Rose A. 30.00 $ 241.80 2251 West Highland Avenue Elgin, IL 60120 15 06 -09 -377 -001 Pillinger, Herbert H. Jr. 135.00 $1,088.10 2221 West Highland Avenue Elgin, IL 60120 Section 3. That adjoining properties held in common ownership shall be subject to payment of an amount based upon the frontage of all said properties when application for connection for any of said lots is made. Section 4. That any person desiring to hook on to said watermain improve - ment prior to July 1, 1982, may pay said amount in full without interest. Section 5. That any person desiring to hook on to said watermain improve- ment after July 1, 1982 shall pay an amount equal to the amount established for the property to be served plus interest at the rate of 9% of the total amount due accruing fromand after July 1, 1982 to the date of payment. Section 6. That a certified copy of this ordinance shall be recorded with the Recorder of Deeds of Kane County, Illinois. 151 Volume XLVII Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 8. 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. Ter sc; Mayor Presented: March 10 1982 Passed: March la, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: AA{ttest:. s/ Marie Yea an Marie Yearman, City er ORDINANCE PASSED ESTABLISHING FEES FOR THE CONNECTION AND_USE OF CERTAIN WATER AND "SANITARYS'WER',TMPROVEMENTS 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. Volume XLVi1 152 Ordinance No. T2 -82 AN ORDINANCE ESTABLISHING FEES FOR THE CONNECTION AND USE OF CERTAIN WATER AND SANITARY SEWER IMPROVEMENTS WHEREAS, the City of Elgin has caused certain water and sanitary sewer improvements to be made commonly described as the Area One Water and Sanitary Sewer Improvement and WHEREAS, the cost to the City of Elgin included the sum of $19,612.46 for sanitary sewer stubs; and WHEREAS, said sanitary sewer stubs were extended to 78 vacant lots; and WHEREAS, the City of Elgin is a home rule unit empowered to exercise any power or perform any function pertaining to its government and affairs; and WHEREAS, it is reasonable to require owners of property adjoining said improvement to bear a proportionate share of the cost of said improvement in the event that said owners desire to connect to and use said sanitary sewer improvements, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS. Section to That any owner of property hereinafter described adjoining the above described Area One Water and Sanitary Sewer Improvement who desires to connect to and use said sanitary sewer facilities shall pay to the City Treasurer of the City of Elgin, Illinois, a fee as set forth in Exhibit 1, attached hereto and made a part hereof by reference. Said fee shall be in addition to any and all other fees established by the City of Elgin for water and sanitary sewer service. Section 2. That any person desiring to hook on to said water and sanitary sewer improvement may pay said amount in full without interest by July 1, 1982. Section 3. That any person desiring to hook on to said water and sanitary sewer improvement thereafter shall pay an amount equal to the amount esta- blished for the property to be served plus interest at the rate of 9% of the total amount due accruing from and after July 1, 1982 to the date of payment. Section 4. That a certified copy of this ordinance shall be recorded with the Recorder of Deeds of Kane County, Illinois. Section 5. 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 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 Ri and L. Verbic, Mayor 153 Volume XLVII Presented: March 10 1 1982 Passed. March 10, 1982 Vote. Yeas 7 Nays 0 Recorded: Published: Attest. s/ Marie Yea man Marie earntan, ity Clerk ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE REGARDING PERPETUAL CARE Councilwoman Nelson 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 XLVII Ordinance No. G20 -82 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE REGARDING PERPETUAL CARE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 154 Section 1. That Section 2,24.230 (K) of Chapter 2 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "2.24.230K Perpetual care on (allocated to perpetual wise provided herein) For Each Grave all lots presently without perpetual care care and improvement fiord except as other- Effective 1/1/82 $100.00 plus Surcharge��as Provided Herein Effective 1 /l /83 $100.00 plus Surcharge as Provided Herein Surcharge: Anyone wishing to purchase perpetual care for any grave space not currently covered by such care shall pay a surcharge equal to five years seasonal care on the number of graves to be covered. The surcharge shall be based on the then current fee for seasonal care. Pro- vided, however, that this surcharge shall be reduced by the amount equal to the then current seasonal care rate multiplied by the number of years, if any, in the five (S) years prior that seasonal care was provided for the grave or grave spaces to be marked. This surcharge is to be deposited in the General Cemetery Fund." Section 2. That Chapter 2.24 of the Elgin Municipal Code, be and is hereby amended by adding the following., °2.24.285 Perpetual Care Required Before Setting Marker or Monument No marker or monument shall be set on any grave space or lot without perpetual care unless purchased for said grave space and until perpetual care has been or lot as provided herein, 1. Anyone desiring to erect or set a single marker or monument in accordance with City ordinance (that is a marker or monument which marks a single grave space) on a grave space then presently without perpetual care and there is a total of four (4) or more grave spaces within the same lot then presently without perpetual care, shall pay for the perpetual care of at least four (4) grave spaces within said lot. Such payments shall include the cost of perpetual care at the then current rate plus the surcharge as provided in Section 2.24.230(x). Said payments shall be applied to provide perpetual care on the grave to be marked and on three other graves within the same lot as designated by the City. 155 Volume XLV99 2. Anyone desiring to erect or set a combination or multi -grave marker or monument (that is a marker or monument which would mark more than one (1) grave space) on grave spaces, any one or more of which is then presently without perpetual care and there is a total of six (6) grave spaces within the same lot then presently without perpetual care, shall pay for the perpetual care of at least six (6) grave spaces within said lot. Such payment shall include the cost of perpetual care at the then current rate plus the surcharge as provided for in Section 2.24.230(K). Said payments shall be applied to provide perpetual care on the grave spaces to be marked. Any remaining balance shall be applied to provide perpetual care on grave spaces within the same lot or designated by the City. 3. Anyone desiring to set or erect a single marker or monument in accordance with the City code on a grave space then presently without perpetual care within a lot with fewer than four grave spaces then lacking perpetual care shall be required to pay the perpetual care plus surcharge costs as provided in Section 2,24.230K for all grave spaces in the lot then presently without perpetual care, 4. Anyone desiring to set or erect a combination or multi -grave marker or monument on grave spaces any one of which is then without perpetual care and there are fewer than six (6) graves in the same lot which are then presently without perpetual care shall be required to pay the perpetual care plus surcharge costs as provided in Section 2.24. 230K for all grave spaces in the lot then presently without perpetual care," 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 approval in the manner provided by law. s/ Richard L. Verbic ETiard L. Ver5ic, N yor Presented: March 10, 1982 Passed: March 10, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea man Marie Yearman, ty er \. Volume XLVII 156 AUTHORIZATION FOR ISSUANCE OF SCAVENGER LICENSES TO VARIOUS VENDORS Councilman Gilliam made a motion, seconded by Councilman Schmidt, for issuance of scavenger licenses to the following vendors: Richard "Dick" Schrieber Rubbish Removal Ray Schrieber Disposal Company Monarch Disposal Company DeAnza Willow Lake Estates Elgin Wayne Disposal Theta Systems, Browning-Ferris Ind. of 111. Inc Arc Disposal Company, Inc. Joe Billups Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic: Nays: None. ORDINANCE PASSED AMENDING THE OFFICIAL SALARY PLAN FOR THE CITY OF ELGIN, ILL. Councilman Kirkland 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. 157 Volume XLVII Ordinance G6 -82 AN ORDINANCE AMENDING THE OFFICIAL SALARY PLAN FOR THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance G3 -82 entitled "An Ordinance Amending Article IV. Entitled "The Adoption and Administration of Position Classifi- cation and Pay Plans" of Chapter 6 of the City Code (Ordinance No. S -569, Passed December 23, 1955) as Pertains to the Compensation Plan to the Schedule of Standard Salary Ranges and the Official Salary Plan of the City of Elgin, Illinois, as Amended" is hereby amended as follows: A. That the position titled "Deputy Fire Chief" is hereby deleted from Range 48B under Section 2 of said ordinance and placed in Range 49B of the same Section 2. B. That the position titled "Chief Plant Operator" is hereby deleted from Range 32C6 under Section 3 of said ordinance and placed in Range 38C of the same Section 3. Section 2. That Ordinance G14 -82 entitled "An Ordinance Amending Article IV. Entitled "The Adoption and Administration of Position Classifi- cation and Pay Plans" of Chapter 6 of the City Code (Ordinance No. S -569, Passed December 23, 1955) as Pertains to the Compensation Plan to the Schedule of Standard Salary Ranges and the Official Salary Plan of the City of Elgin, Illinois, as Amended" is hereby amended as follows: A. That the position titled "Water Treatment Operator" is hereby deleted from Range 26L of said ordinance and placed in Range 30L of the same ordinance. Section 3. That this ordinance shall be in full force and effect February 21, 1982 in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: February 23, 1982 Passed: March 10, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk Volume XLVII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Fox Electric Supply Replacement of street light and pole at Grove Ave. and Prairie St. Dundee Ave. Auto Body Repairs to 'Police Squad x#88. 158 $1713.00 $1597-53 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. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for November, 1981 Parking Lot Revenue 2/1/81 through 1/31/82 Councilman Gilliam made a motion, seconded by Councilman Kirkland to place the above 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 OF COUNCIL MEETING AND RESUMPTION OF THE COMMITTEE OF THE WHOLE MEETING Councilman Gilliam made a motion, to adjourn the Elgin City Council Committee of the Whole Meeting. Kirkland, Nelson, Schmidt, Waters The Council Meeting was adjourned Marie Yearman, City C er seconded by Councilwoman Nelson, Meeting and resume the Elgin Yeas: Councilmen Gilliam, Hansen, and Mayor Verbic. Nays. None. at 10:00 p.m. VOLUME XLVII March 17, 1982 159 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 March 17, 1982, 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 and the Pledge of Allegiance was led by Councilwoman Nelson. ROLL CALL Roll call was answered by Councilman Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent: None, RES Councilman Gilliam: f the City Manager or our proposal to the and their response. this afternoon. ADOPTED 1=l would like to start off by either asking Mr. Hopkins if they would respond or present ECC Board regarding the $4.00 per square foot. Also any other information that was available Leo Nelson: Mr. Mayor, in accordance with your direction of last week, l delivered this morning to Mark Hopkins and to Harry Seigle, as the Chairman of the ECC Board, a letter tendering your offer to the Board of the Sears Building at $4.00 per square foot, including a factor to be added to the $4.00 per square foot of 80% of the Chicago Region's Consumer's Price Index on an annual basis. Although the letter was delivered today, it was prepared yesterday and Mark and I tried to reach one another on Friday and were un- successful. We finally got together late Monday and agreed to meet yesterday to discuss not only this offer by the Council, but to perhaps consider, in the event that this would be rejected, and I think we were fairly certain it would be, some other offer that might be considered by both bodies. The letter was delivered this morning and Mark and Harry Seigle made an effort to poll the Board today with the $4.00 offer and I am told that six of the Board members of the seven were reached and they unanimously on a 6-0 vote over the telephone rejected that offer of $4.00 per square foot. Mark and I had discussed yesterday, and Jack Shales was involved in that meeting, and Dan Blondin the Assistant Corporation Counsel, something that might be done and I think we had talked about this before, that in the event that ECC Board could not see it's way 160 clear to increase the rent five year period, which for in the first year, $85,000 year for years three, four VOLUME XLVII that had been offered for the first everyone's information was $60,000 in the second year and $110,000 each and five. Some of you may not know that ECC cannot enter into a lease that extends beyond the five year period and therefore we have talked all along about five years. We did, however, discuss a second five year lease and tried to come up with some figures that might be offered if we were to at the end of each year extend the lease by one year, rolling it over each year, to see what we could come up with in a second five year period. Also you may recall it had been discussed that the ECC Board would through this lease and through their best efforts, seek special permission from the State Board of Higher Education that does have the authority to authorize the local Board to enter into a second five year lease. That was also discussed and in that second five year lease it was also discussed that.the ECC Board would also seek the approval for the option to purchase the building at the City's cost. In any event it was agreed and Mark agreed that he could recommend to his Board and increase in the annual lease payment in the sixth year from $110,000 in the fifth year to $160,000 in the sixth year. In addition to that we would use the Chicago Region's Consumer Price Index to add increases on top of this new base, in the sixth year, so that if we were to look at a rather conservative cost Of living change in one year of 6% and added that to the (' $160,000 in the sixth year we would have something close to $170,000. That matter I am also told by Mark sometime this afternoon was presented to the Board again through a telephone poll and on a 5 -1 vote they agreed that they could consider $160,000 with the Consumer Price Index being used as a basis for increasing the lease on a percentage basis each year, beginning in the sixth year with the $160,000 figure, which I think if you calculate it out comes out to somewhere around $,2.85 per square foot, which is about $1.00 more than what would be paid in the fifth year. That pretty well summarizes our discussion,•Mark is here by my invitation in the event you needed to clarify anything I said or if you had any questions of him about what has transpired during these past two days. Councilman Hansen: I would like to address a question to Leo. Could you elaborate a little on the option to purchase at the end of the ten year period. Is that a commitment on the part of the college to purchase that building., Leo Nelson: Well of course there is no commitment because there is no lease but I am told by Dr. Hopkins that they would immediately upon signing the first lease seek authorization from the State Board of Higher Education to enter into a second five year lease with an option to purchase and he tells me that they would exercise that option to purchase at the city Is cost, which would include the city's purchase of the property, the i VOLUME XLVII 161 cost of the improvements, and to the date that they would exercise the option the payments that we have made, the interest payments and whatever our costs happen to be, I understand they will take us out whenever they would exercise that option. That is assuming that we would enter into a second five year lease that would include an option to purchase. Mayor Verbic: If they don't have any money now what makes us think a bond referendum or cash would be available at the end of ten years. Councilwoman Nelson: This was explained by Mr. Hopkins that Saturday we were out there. How the money that comes into the college is put into three different catagories and the last catagory as I recall had an initial which I do not recall and I do not have the material here. If Mr. Hopkins is here he can explain it. Dr. Hopkins: First of all it takes us about a three year cycle to work through our funding process. We right now are working on funding for the fiscal year 83 and 84. Our budget for this coming year is pretty well set. We get our money from two sources but it covers three funds, the first of those is our operating fund, and it comes, at least from local tax, from 172 of a local property tax. We then have a plant fund and that is funded by 72� from a local tax. Site and construction fund is the third of those and that is designed for building, construction, purchase of heavy equipment and repair of present facility. don't know if any business could tell you that they were going to have money ten years from now to make a purchase of a building. One purchases options and then makes an attempt to find funding, at least that is the way we do business, and I think that is the way most people do business. We would like to have the option, we think it creates some flexibility for us. This is something that has never been given, at least to the knowledge of the community college board's staff in the State of Illinois, up to this point. Though they encourage us to come and ask for It because funding systems in the State of Illinois are changing now for community colleges. We now have had virtually no new construction money for community colleges in this State since before 1975. We certainly have had no money from the State here since 1973. The State now has a bill that they owe Elgin Community College of just less than three million dollars, based on a formula for State and local sharing of facilities on campus. The new vocational technical lab on our campus was built with the idea that the sharing would occur. Needless to say it has not, the State has had a difficult time with that. We need planning time in order to make sure that we in fact can meet an obligation of a lease purchase. Like most public enterprises that have taxing power given three to five years to make preparation for it we can generally make a major purchase, or we can make a major commitment, like moving into the Sears Building is for us, and i think you will remember 162 VOLUME XLVII the figures that we gave you the last time we were in front of you and also in that marathon Saturday session that you sat in on, we see the Sears Building, that first five years, as one point one million dollars of expenditure from community college funds. The reason that is so tight for us is because we don't see how we can plan with present budget and present problems with State funding for more than that amount and that is the reason there is no more money. Mayor Verbic: I think your bond issue was issued in 1968 and that will be due December, 1982. Dr. Hopkins: The bond issue that we passed fifteen years ago is up on December 1, 1982. Mayor Verbic; This bond issue money which you have, does that supply the money, what is this money used for. Dr. Hopkins: The bond issue can only go into site and construction fund, by State law; the site and construction money has been used for the construction on campus and the purchase of the North Annex Building. Mayor Verbic: This right now is depleted completely and in order to get the site and construction fund to a decent figure where you can operate effectively you would have to have another bond issue. Dr. Hopkins: The Administration will certainly recommend this tea the Board. There is another way to do that however, though it is much slower to rebuild that fund, and that is to tax to the maximum 25G, which we have not done but two years in the last twelve at Elgin Community College. That is to take the 25C to it's maximum and transfer funds from the operating fund and plant fund into the site and construction fund, for a slower build up of those funds. Kay Hitzmann: This comes back to the State, we are the State, the ,people are the State and when you come down to it we are going to be taxed. The people outside Elgin are dissatisfied, the people of Elgin are dissatisfied. I have had a lot of calls from senior citizens, they ask what is going to happen to our senior citizen building down there where we park. That has never even been brought up. So when it comes back to taxes the people are the ones that are going to pay it, 1 had a lady who is a. senior citizen call me and say she had an income of $3100.00, what will i do is they.keep increasing my taxes. I will have to give up my home. The people of Elgin are going to have State taxes, City taxes and ECC taxes. VOLUME XLVII 163 Robert Kramer: We have been told by Mr. Nelson that the Community College Board has had two telephonic meetings, and of course these are not binding, so if they wanted to in a formal meeting they could change their position. Also Mr. Hopkins stated the limitation was five years for a contract and we could not go beyond that, with- out State approval. So that at the present time, even if you did say look we want to take it, we would like to buy it at 2.3 million at the end of this particular time there would be no legal obligation until the State's approval would be secured. What I was trying to find out is if at the end of the five year period if not the City of Elgin could be stuck because the Community College did not particulary want to enter into it at that time because the people who were running it at that particular time might not agree that this was a good deal. The economic situation might be something that the population shift, in other words the city could be stuck at the end of five years with this specially designed building, The Community College is limited by law and there is no way that the Community College Board can go beyond it's own authority. Dr. Hopkins, First of all we are limited to five years but that does not mean that at the end of the first year, or during the first year, that we cannot extend it another year in that it always has five years to run. So one would not move up five years and then all of a sudden not know where you were as a City Council, or as a city trying to make plans. I would think that in dealing with this affair that one would make plans so that the lease always had five years to run, but second in the first year, one of the things that Mr. Nelson and I have discussed in detail, is that when we enter the first lease we would go immediately to request permission for the second five years and for the option to purchase. Thus the city would know roughly six months into the first year of the lease whether,or in fact before, since we would not start it until January of next year, we would have a response from the State long before that five year period was up. Robert Kramer_: What I was trying to establish in my own mind and I am not able to do it, but other than the fact that the city could be hung with a special purpose building, with $2,300,000 and the Community College Board could be walking away saying we are sorry fellows but we just can't do it. We can't pass our referendum, we can't get funds any place else and that is where the city would be stuck. Councilman Gilliam: In response to Mr. Kramer's last comment, we could also sign a lease with a private enterprise for five years and still be stuck after five years, because no one is going to sign a lease that goes on forever. Robert Kramer: The thing that I would call to your attention Mr. Gilliam is the fact that in private industry the unit that you do business with is subject to suit and there is responsibility. I think it is altogether different with a private business than it would be them because they can't go, despite their goodwill and despite the fact that they want to carry through with the contract, they can't do it because the law says they can't. That was my only point. 164 VOLUME XLVII Councilman Gilliamo For the sake of getting off dead center would like to put a motion on the floor and if there is further discussion we can get to that after the motion. I would like to make a motion that the resolution authorizing an agreement with Burnidge and Cassell for architectural services for the interior demolition of the Sears Building be adopted. Councilwoman Nelson, I second that motion. Mayor Verbic: This has been..an extremely emotional issue there is no question about it._ _ Doug Smith (Joseph Spiess Co,)- Just want to comment that we at the Joseph Spiess Company urge the City to grasp the opportunity before us tonight to take another positive step in the progression of downtown Elgin. We are aware of rumors that any day now the Joseph Spiess Company is going to announce that we are leaving the downtown. It is our fervent desire to operate in downtown Elgin and serve the fine Elgin customers as we have for decades. it is our fervent desire to offer the quality, service that we have been known for since Joseph Spiess bought the Peck Company and operated it on the same location since 1920. In order that our customers have an even nicer place to shop right now we are in the midst of remodeling,., a project that will cost at least $100,000. This is money earned in downtown Elgin from Elgin customers and being recycled back into downtown Elgin. We encourage the City of Elgin to also recycle dollars back into downtown Elgin, Such as we are doing, with positive steps from the public sector, such as the ECC campus, companies such as ours will not only want to remain in downtown but.also continue to upgrade existing facilities. Not only will the ECC campus improve the central business district but it will bring cultural and educational opportunities more closely to the total City of Elgin., improving the overall quality of life for it's residents. Robert Hoffer; Here is an opportunity which has been presented by careful study and survey to preserve and to rebuild and to rekindle this downtown area, I am very happy that tonight we have had presented to us a compromise,, which is keeping with what is also occurricng even in this downtown area, in the range of rentals, rentals which run.$I.00 per foot, a $1,50 per foot, a substantial amount of money more than -what is now being paid, but it solves a basic problem. It gives the downtown the shot that it needs to make things start to happen`. We have a business in South Elgin in which in contrast to Doug all of the money comes from outside of Elgin, but we pour seven million dollars in payroll that should be spent right here, if we can bring that thing to happen. VOLUME XLVII 165 just hope that in your consideration of this opportunity to make the first move to solve a vexatious problem that you will give it prayful thought and hopefully support this motion that has been made tonight. . William Steger; It all sounds real eloquent and all with what the two previous gentlemen have said, I am not opposed to rehabilitation of Elgin. There is one big factor in all the eloquence that does'nt wash really well with me, and that is the use of public money to rehabilitate and refurbish the old,Sears Building. think a past mistake was made in buying the building in the first place. I don't like to see the City in the leasing business, which is what you are going to go into if you approve this. I don't want a piece of that action, I have an interest in the City, I pay taxes here and I do not want the city government involved in the leasing business to some other governmental body, that is for private enterprise. I think this- whole meeting should be taking place in some private enterprise environment. I don't want to pay any bond interest for a leasing operation on the part of city government. I think the city should reject this idea and take action to sell the building for as much as you can get for it right now, and all of the people who are in favor of financing the conversion of the building to classrooms, let them form a corporation, or make donations, or whatever they want in a private way and deal with ECC. Dennis Tovar, Tom Flora. and 1 are planning to have a small business here in downtown Elgin in the near future. The decision that could be made tonight is something that could effect people like us and we know first hand what is going on here and we are hesitant and we live here, but we are very positive because we know what we will make happen will work in spite of the issues. The first positive step has to be taken, we know the students are not going to spend the money to recoup sales tax revenue to increase the base. We know they will not come down with money falling out of their pockets to spend, but it will be a first positive major step to bringing other things to downtown Elgin and over the long period of time that's where it is going to be. John Schalz; As most of you know I run John's Meat Market, I own 69 Fountain Square and 71 Fountain Square. 71 Fountain Square has stood empty for the last year and a half, since the talk of ECC I would like the Council to know that I have showed it six times. I have one party that possibly wants to buy it, which means we could have another business located at 71 Fountain Square that will bring tax revenue to our city. I know that there is interest in the downtown area if ECC comes. I do also know that we have a wonderful bus system which will be well used and will bring in some more revenue for our city there. What else does our downtown need other than a shot in the arm, it will bring people down there that are going to have money in 166 VOLUME XLVII their pockets, it's not just kids, some of these people are adultsf- ECC's average age is about 30 so we are going to have 1000 people` a day down there that are going to be spending some money. I just feel it's going to be a step forward and certainly our down- town needs a step forward. Bill Fishburn; I am on the Board of Directors of the Elgin Senior Center, and currently and for the past three years I have been Treasurer of that organization. We are in very serious financial trouble at that Senior Center, our funding sources are drying up, the tax base in this town is drying up, the United Funds are lessening and I think 1 speak not only for the Senior Center but other service organizations. In the past this town has been very fortunate to have fine services and organizations to serve the community and in order to keep these organizations solvent and doing the job that they should do we must have these businesses survive and have a healthy city. Christian Schocke I am also a taxpayer of this city and l strongly resent having supported this downtown area with my shopping dollars to be now told I must also do so with my tax dollars. Everyone is here this gvgning because business is bad in downtown Elgin. Now Mr. Hoffer s payroll of -seven million dollars is apparently not being spent in downtown Elgin now, what on earth is the Community college going to do to bring it down here. There are other businesses in this area which `have ' payrolls, those payrolls apparently are not being spent here,'or' not to the extent that they should be. Why, is it perhaps the quality of the merchandise, is it the way that merchandise is put before the public, I cannot believe that people are unaware there are stores downtown, but they have made a decision not to patronize them. Now how is a campus going to effect that. It just seems to me to make an investment of $2,300,000, plus a million or more on the bonds that will have to be issued to make that outlay, on the basis that 800 to.1000 people; who might or might not come down here are going to spend money is asking for a.small return. do not believe that everything has been _done that could be done by the merchants of downtown Elgin to attract the people that already exist. Of course I recognize the decision that you will make this evening is one that you will make in the best interest of the people of Elgin. I am a taxpayer, I do not want to see my money spent on this proposition, I think it is going to be one of the worst investments that have ever been made by a public body. VOLUME XLVII 167 Mayor Verbice I think that each and everyone of us here, inc hiding myself, have looked over all the data involved with making this decision, which effects so many people. It not only effects the downtown merchants, it also effects the surrounding area of homeowners who will be effected as far as increased taxes. I have attended meetings over the last 21 months where we employed Trkla, of Trkla, Pettigrew, Allen and Payne and at that time many of the people who are here this evening were of variable serverance in regard to hiring this consultant to come into the City of Elgin, to make a lot of surveys, to talk to a lot of merchants, spent a lot of time with the administration, with the thought in mind that this gentleman was going to help led downtown Elgin out of the throws of a economic downtrend. Someone mentioned tonight about the economics not only in Elgin, but the middle west and throughout the country. I also realized that the money that we have spent todate amounts to $212,000 and the contract extends to July lst. I think that with the money that we have invested with this consultant and when I called him Monday to see if anyone had talked to him and he said no I haven't heard anything. One of the things which I remember from attending a meeting in December, in looking at the various charts which were presented, the Sears Building, in the eyes of the consultant, who we paid $212,000 to, was a 77 year old building which was expendable for the future development of Elgin and it was one that was economically unfeasible to go ahead and repair according to his report. One of the big things that was addressed at the meeting is the change of Wellington and Spring, which would go right on the west side of the Sears Building and this would be used for parking. One of the consultants was here Monday and he talked in terms of if the Sears Building was used that we would have a difficult time as far as Gromer's in their present new location, if that materializes, which would be south Prairie and with the concurrent talks with Venture, who have shown an interest in Elgin, for a possible 80 to 100,000 feet new construction. Now these are the things that we paid this consult for and I think when you talk in terms of G,romer's and Venture and smaller stores which would be added between Spiess Company and Venture on this new plan, which I have here, you are talking about a total of 325,000 square feet and you are talking about the need for parking. I really feel after talking to Mr. Trkla and he gave me a statement over the telephone which I would like to read to you and this is the man who has been our consultant for the last 21 months. He stated today that the consultant is deeply aware of the signifi- cance of the Sears /ECC issue confronting the City of Elgin. The principal objection that the consultant has in mind is to insure that all of our developmental options are kept open in respect to retail and office potentials. 168 VOLUME X LV I l Since we have not determined whether Venture and /or Gromer's are flrmiy interested in downtown it is imperative that their s- respective opportunities be given the fullest consideration. Therefore the consultant believes a premature commitment to put ECC into the Sears Building could jeopardize the city's ability to develop these other development potentials. The Consultant, however, believes strongly that an opportunity for ECC to come downtown should be fully explored. He further expressed from the outset that he has no objection to a temporary use of one to two years of the Sears Building. He staged that if he is locked in now for a ten year period for use by ECC he will have to rule out Venture and possibly Gromer's for downtown redevelopment. Now is November I remember the controversy from the people who were here on a 4-3 vote that the consultant was retained for another year's time. i think this man should be given the opportunity as long as we have expended this money to look over all the options available to the City of Elgin and I think we would be premature on the part of all of us if we went ahead at this point_ and made a decision on such a short period of time in regards to getting a building renovated that is 77 years old, when we would lose the future of a downtown which would be a lot more helpful to the reriai'nder of the retailers that are left in town. This is one of the important things that has to be addressed, Richard Gromer: 1 also spent in the last week most of the day in Mr. Trkla's office on his request to become aware of what I call a second project that he had in mind because he was well aware concerning our project in the near downtown area, the former site of the Elgin, Watch Company. Our company is committed and has spent a large sum of money already on this project and we have not abandoned it nor do we expect to abandon it, but I also have the respect of the consultant that the city has used and I respect his ability, As I saw it and listened to him talk and saw the presentation that he had, which was one of many, I had the feeling that it was a secondary one that in case all other avenues failed and his project would move us from National Street closer to downtown, which to put a high volumn supermarket close by really generally does not work. I told him Thursday of last week about the City Council's decision to abandon the ECC project. As far as my company is concerned we are definitely committed to the National Street site and would only be off of that if everything else failed. I contacted every member of the City Council the day before the meeting that they declined to accept the project and voiced my opinion that they do accept the plan to go ahead with the junior college downtown in the former Sears Building and also tonight I would hope that I along with other businessmen and citizens would urge you to vote yes on this project, which seems , to be desired by the citizens of Elgin. VOLUME XLVII 169 Ron Giigoreo I have a couple of comments to make, one of which is in regard to the plan which the Mayor has on his desk today. Up until Monday of this week there was no such plan. On Monday of this week that plan was drawn in downtown Elgin, that plan is a quick pencil sketch that was done on a rush basis. That plan was shown to me yesterday before noon depicts Venture being very tight to the existing ramps to the deck going back of Spiess. Immediately adjacent to that is retail space, probably 8 maybe 9 stores. Just south of that is the Gromer area. In order to accomodate those we must remove Grove Avenue, Schneider's Recreation,we must remove the Senior Center•and also the small strip of retail stores that are existing there. I think it's enough to say that this is not a project that can be accomplished within a one, two, five or seven year period, we are probably looking at ten years or more, to convert this property and rehab,., I am progressive in nature and certainly would like to see our city progress. However, I don't know that today we can wait that long. We must: make our forward progresses, we have got to have our positive steps, this one you know could be very good, we all agree that it would be good, the numbers are the things that are not working out properly in our minds and as a Council you know that there are two or three other very positive things that could happen in a relatively short time. This is what we need, a shot in the arm, we must move forward, we must progress for the benefit of the entire community. Let's please start now and not have to wait five or ten years We must make ,a move now. Councilman Schmidt: I would just like to make "a statement here that I think effects us. At the last Committee of the Whole Meeting I voted no to proceed with the architectural drawings for the renovation of the Sears Building. I believe that my no vote was misunderstood because of my no vote I feel that I did not close the issue. As you may or may not recall I voted to have the College Board see if they could increase the rent from $1.83 to at least $4.00 a square foot. In order for that to come about I had to at that time vote the issue down. Now tonight I have been told, and I am glad at that time it was brought down, because I feel it has helped, maybe not in the first five years, but the sixth year, for not moving so fast, we have gone about 50% increase for the rent, so I feel it does have it's merits. I am a little concerned about the Trkla consultant whereby we have spent the $2.12,000 for his services and if we go ahead with this perhaps we will close the option but from my view of the people here and through the Courier News, it appears that this is what the people want. Councilwoman Nelson: If none of the other Councilmen have anything to say, I call for the vote. 170 VOLUME XLVII Councilman Hansen: First of all I try very hand to not make my r decisions on emotion. We have apparently a new proposal on the table, it has just been presented to us this evening and I believe we need our financial department and legal department to evaluate it for us. It may be a better deal for us than the $4.00, depending on the purchase option. I am very encouraged by this. also think that being rushed or pressured is not productive and I firmly and sincerely believe that. I do believe we have the cart before the horse on this issue where we are about to spend the money before we have the lessee committed, although certainly we are very close to it apparently. would ask as a member of Financial Director and leg proposal from the college, had the last proposal from know where we are. Again very encouraged by this. the City Council for our City Manager, 31 staff to please evaluate this in hopefully a similar format that we in a proforma form so that we really I would like to emphasize that I am am disappointed that the Central Elgin Corporation and our staff have not really coordinated this proposed possible use of this building in comparison to the Trkla plan and I hope that will be done very soon. We have spent a lot of money with Mr. Trkla and we are apparently not making our plans on the basis of his recommendations. Councilman Waters: There has been a great deal of public speculation as to my position on this particular issue and I would like to make a couple of points. I have been advised by our legal counsel, Ery Jentsch, that my position with the college does not, in his opinion, constitute a legal conflict of interest, with my participation in this issue as a Councilman. The basis for that advice is complex and the Council is provided in the absence of clear presedence. I accept the advice of Ery and assume that it would be supported if contested. It is my desire not to embarrass the City of the College with accusations that may be made as a result of my deciding this issue, even though Counsel has advised me that I do not have a legal conflict. Nor do I want to give credence or opportunity to those who would claim impropriety even wrongly. As a Councilman I feel fully confident that I can reach objective conclusions on this issue and not as some would claim be influenced as a result of my employment with the college. Thus I have felt free to enter into the debates surrounding this issue and to freely express my point of view. Because I do not wish to further complicate this issue, however, do not feel that my vote should be the deciding vote. I believe it is in the best interest of the city that this issue be approved and I believe the city needs the college downtown, more than the college needs to come downtown. VOLUME XLVII 171 I do not believe it is in the best interest of the city that my vote be the deciding factor. I would deeply regret the outcome of a stalemate... I believe it is in the best interest of all of us that this particular issue be decided without the complication of my determining it. With all due respect to Mr. Trkla, I consider myself to be one of his strongest supporters, and I will continue to be so, but I have reached a. different conclusion than what Mr. Trkla has. I spent some time yesterday in the Elgin Township Assessor's office and I found something that was alarming to me. The equalized assessed valuation of the properties in the downtown mall have devalued in one year, from 1980 to 1981, by 14 %. Now that tells me something about the downtown, it tells me that the taxpayer is having to make up that difference and I think we have an obligation to work to the redevelopment of the downtown. Councilman Kirkland: I said this before, this may not be the best alternative, on the other hand the best alternative may not be available. We have spent approximately two years with Mr. Trkla and I am also a supporter of what he has done, but also in this case disagree with him at this juncture. If this plan that was sketched out Monday, with Venture and Gromers and whatever, should formulate at any time within the next two or three months, maybe that's great, maybe that's the best plan that we have been waiting for, but I don't see that happening any more than the other plans have been able to happen in this economy. I think we have to go with this ECC project, or at least go with the steps that we are starting with now and as I understand it so there is clarification, we have a vote now on the interior demolition and then we also have to vote on the architectual design of the first floor. Councilman Gilliam: I would like to second Councilwoman Nelson's motion to call the question. Mayor Verbic: I really feel that we owe our consultant the opportunity to at least listen to his side as to why he feels it is so important to not rehabilitate this for that long a period of time. I realize like Mr. Kilgore stated that there may be some things here which will take time but I think that for the overall future we should at least be open enough whereby we could find out exactly how fruitful his negotiations are at this point, without setting ourself in with an expenditure which will probably start out at around $80,000, if we pass this first and second resolution tonight. Councilman Hansen: It is my understanding that the actual fee on the first item will be $7,000. With the clear understanding that I think the demolition work would probably be required for any use of the building and to show a step of good faith in response to the college's offer, I reserve judgment on that however, until I get some figures from the Finance Department, Legal Department and City Manager, I am going to state ahead of time that we have spent $7,000 in a lot of other areas in 172 VOLUME XLVII. the City, I will vote for the $7,000, but I will not vote for the second resolution. Ye "as: Councilmen Qilliam, Hansen, Kirkland, Nelson, and Schmidt. Nays: Mayor Verbic. Abstained: Councilman Waters. VOLUME XLVli RESOLUTION AUTHORIZING AGREEMENT WITH BURNIDGE, CASSELL AND ASSOCIATES, P.C. FOR ARCHITECTURAL SERVICES FOR INTERIOR DEMOLITION OF FORMER SEARS BUILDING 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 with Burnidge, Cassell and Associates, P.C. for architectural services for interior demolition of former Sears building, a copy of which is attached hereto and made a part hereof by reference. Presented: March Adopted: Ma rch Vote: Yeas 5 Recorded: s/ Richard L. Verbic Richard Verbic, Mayor 17, 1982 17, 1982 Nays 1 Abstained Attest: V—A. L�1eC�✓�Nt GC S s/ Marie Yea man Marie Yearman, City Clerk RES D AUTHORIZIN 173 Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, and Schmidt. Nays: Councilman Hansen and Mayor Verbic. Abstained: Councilman Waters. 174 VOLUME XLVII RESOLUTION AUTHORIZING AGREEMENT WITH BURNIDGE, CASSELL AND ASSOCIATES, P.C. FOR ARCHITECTURAL SERVICES FOR REMODELING OF FORMER SEARS BUILDING 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 with Burnidge, Cassell and Associates, P.C. for architectural services for remodeling of former Sears building, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic RiEHard L. er ic, May—or Presented: March 17, 1982 Adopted: March 17, 1982 Vote: Yeas 4 Nays 2 Abstained Recorded: Attest: s/ Marie ea�man Marie earman, City Cler 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 10 :05 P.M. �y P Marie Yearman Gity C er VOLUME XLVII March 31, 1982 175 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 31, 1982, at 8 :45 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend E. Dale Kleinschmidt of the Faith United Methodist Church, and the Pledge of Allegiance was led by Councilman Hansen. ROLL CALL Roll call was answered by Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Absent: Councilmen Gilliam, Schmidt and Waters. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE MARCH 10, 1982 OUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Nelson made a motion, seconded by Councilman Hansen, to approve the March 10, 1982 Council Minutes as published. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays:None. COMMUNICATIONS Petitions in favor of controlled leaf burning. , . David Derby, 755 Dixon Avenue: When I read in the newspaper that leaf burning law for April was banned, it hit me personally be- cause I was going through a lot of financial difficulty at the time with the economy being the way it was. There was a letter to the editor in the Courier News, which was written by me and I touched only on one part and that was the expense of the bags. I would like to point out a few more things if I may. My wife and I took a petition out into the City of Elgin, and fortunately was called back to work so we could only do this in our spare time. In our spare time we gathered 165 signatures, which may not sound overwhelming in a city this big, but for two people's efforts it is quite a lot. We hit every neighborhood, we hit the best, we hit the worst and we hit middle income and it seems to me that the people in the city are all for a controlled leaf burning. Out of the 165, maybe we talked to 180 people and of those 15, ten lived in an apartment and the other five had one form or another of respiratory disorder, or just did not care which way it went. 176 VOLUME XLVII feel as a homeowner, living in the city, I pay taxes like everyone else and while the people who do not chose to burn have the right twelve months out of the year, I do not under- stand that. I think three months, six months would be fair, but three is more than sufficient. Three gives you time to get things cleaned up. moved from Chicago and one of the things that attracted me to the suburbs were the few things that were more country'than the city and I enjoy burning leaves with my son. talked to quite a few elderly people and it is difficult for them to be bending down bagging up the leaves and carrying them to the curb, it is a lot easier for them to rake them up, and burn them. For people with respiratory disorders, I do feel sorry for them, but I am a non- smoker and I don't see anyone going around with squirt guns putting out people's cigarettes, and I have to put up with this every day. If you wanted to put something in the paper where you asked for responses you would find that from 85% to 90% of the people in Elgin are for leaf burning and I just feel that the decision was very unfair and hopefully you could reconsider. Letter from Elgin Lumber and Supply Company. Mayor Verbic: We have a letter from Harold T. Seigle of Elgin Lumber and Supply Company, and he would like to have this made a part of the permanent record:, "Mr. Leo Nelson, City Manager Mr. Richard Verbic, Mayor and Elgin City, Council. Re; Usage of Hemmen's Building am calling your attention to a full page advertisement, in red ink that was run in the Courier News on March 25, 1982. This is a furniture disposal ad and shows a picture in the headline of the Hemmen's Building. Showing a picture of the Hemmen's Building in this ad will, in my opin.i6n. make the city an accomplice and part of the promotion in this type of merchandising. The Hemmen's Building was never meant to be used by "Shlock merchants ", furniture companies, coin operators and soft suede promoters, that you have been renting it to. I know it was never meant for this type of use because I was trustee for the Hemmen's estate when I was a Director of the First National Bank. I was very involved in the construction of this building and if you would take the time and trouble to read the Hemmen's will, you will find that you are violating all the provisions in this wonderful gift to our city. VOLUME XLVII 177 When you rent this building for retail use to "out -of- towners" and endorse advertising with pictures of the Hemmen's Building, you mislead a lot of our citizens, especially minority groups who think the city is endorsing the sale. This type of operation puts the minority in a position of being taken advantage of. These types of operators sometimes tell customers they are giving them a 20 year guarantee and in fact the guarantee isn't any good for even 20 minutes after they leave town. I know that these operators collect sales tax but my question is, Do they pay sales tax ? ". firmly believe this type of sue at the Hemmen's isn't fair to our local furniture merchants such as Rauschenberger's, Leath Furniture and Ackemann's. These are all highly reputable business concerns that employ Elgin people and pay their share of taxes to the City of Elgin and the State of Illinois. I would like to have this letter made a permanent part of the record at the next Elgin City Council meeting and request that an ordinance be passed prohibiting the use of the Hemmen's to other than local retail use. I fear if we don't set some conditions for rental there may next be ads for massage parlors, bingo games and gambling. The use of this building should adhere to the provisions set forth in the Hemmen's Will. am also sending a copy of this letter to the Association of Commerce. They are supposed to represent local merchants and feel we could use their help. would appreciate hearing from you, at your earliest convenience, to further discuss this serious matter. Very truly yours, Harold T. Siegle Chairman of the Board Elgin Lumber & Supply Co., Inc." Mayor Verbic: This matter will be addressed further at the end of our agenda tonight. 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 $1757.50; the bid for Diatomoceous Earth and Muratic Acid to the low bidder, Alexander Chemicals, for $160.40; and the bid for HTH Granular Chlorine to the low bidder, McKesson Chemical, for $856.00. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. i VOLUME XLVII BID AWARDED FOR FERTILIZER AND OTHER LAWN CARE PRODUCTS Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to award the bid for Acti -dione Thiram, Banvel and Round -Up Herbi- cide to the low bidder, Lakeshore Equipment for $1727.20; the bid for Cadmium Fungicide and Greens Fertilizer to the low bidder, Arthur Clesen, Inc., for $1328.80; and the bid for Carbamec Insecticide to the low bidder, Turf Products, Ltd., for $143.40. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. BID AWARDED FOR LIME RESIDUE REMOVAL Councilman Hansen made a motion, seconded by Councilwoman Nelson, to award the bid for lime residue removal to the low bidder, Edward Schneider Trucking, Inc., for an estimated total of $27,110. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. OLUTION A all] Councilman Hansen made a motion, seconded to adopt the aforementioned resolution. Kirkland, Nelson and Mayor Verbic. Nays: U-ITIV 7 by Councilman Kirkland, Yeas: Councilmen Hansen, None. I� VOLUME XLVII RESOLUTION 179 t` REGARDING PARTICIPATION IN THE HOME TOWN AWARDS PROGRAM WHEREAS, it is the goal of every municipal official in Illinois to strive to improve the quality of life in his or her community; and WHEREAS, the residents of the City of Elgin take pride in being counted among the industrious and innovative citizenry of Illinois; and WHEREAS, community needs and problems can best be determined and solved through a cooperative effort between elected officials and those citizens they represent; and WHEREAS, the purposes and plans of Illinois, Inc. are designed to identify and harness the efforts of Illinois' individual citizens, govern- ments, businesses, labor organizations, and other organized groups in promoting the economic and social well being of all Illinois' residents; and WHEREAS, Illinois, Inc. through the Home Town Awards Program provides an opportunity for the City of Elgin to provide a means to recognize community improvement efforts in our community; and WHEREAS, The Elgin Jaycees in developing the First Annual Elgin Ethnic Fest have provided the commmmity with a project worthy of entry in the Home Town Awards. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin dyes hereby go on record to support the concept of Illinois, Inc. which is designed to promote the benefits of living, working, and visiting our community by formally entering into the Home Town Awards Program for fiscal year 1982, the Elgin Ethnic Fest. Presented: March 31, 1982 Adopted: March 31, 1982 Vote: Yeas 4 Nays 0 Recorded: Attest: s/ Marie Yea"�man Marie Yearman, City Cler s/ Richard L. Verbic Richard L. Verbic, Mayor ED AUTHO Councilwoman Nelson made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, and Mayor Verbic. Nays: None. 180 VOLUME XLVII RESOIUTION AUTHORIZING EXECUTION OF ELECTRICAL CONSULTANT AGREEMENT WHEREAS, Alfred Heine has been employed as an electrical inspector by the City of Elgin for many years; and WHEREAS, Alfred Heine has recently retired from the employ of the City; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to retain the services of Alfred Heine as an independent consultant; and WHEREAS, Alfred Heine has agreed to act as an independent consultant for the City upon certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it is necessary and desirable to enter into an agreement for consulting services, a copy of which is attached hereto and made a part hereof by reference, for the services of Alfred Heine as an independent electrical consultant. BE IT FURTHER RESOLVED that the City Manager and City Clerk be and are hereby authorized, empowered and directed to execute the attached agreement for consulting services on behalf of the City of Elgin. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: March 31, 1982 Adopted: March 31, 1982 Vote: Yeas 4 Nays 0 Recorded: Attest; s/ Marle Yerman Marie YeaTi , City Cler OLUTION ADOPTED REQUESTING PERMIT FROM STATE Councilwoman Nelson made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. VOLUME XLVII 181 RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC 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 5:00 p.m. on Sunday, May 2, 1982, 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 immediate 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. Presented: March 31, 1982 Adopted: March 31, 1982 Vote: Yeas 4 Nays 0 Recorded: Attest: C .C, s/ Marie Ye rman Marie Yearman, City Clerk RESOLU s/ Richard L. Verbic Richard er ic, Mayor IZING EXECU Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson and Mavor Verbic. Nays. None. 182 VOLUME XLVII RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DOVER ELEVATOR COMPANY FOR ELEVATOR EQUIPMENT MAINTENANCE 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 Dover Elevator Company for the maintenance of two elevators in the Spring Street Parking Facility, a copy of said agreement is attached hereto and made a part hereof by reference. s/ Richard L. Verbic RiEKard L. er ac; Mayor Presented: March 31, 1982 Adopted: March 31, 1982 Vote. Yeas 4 Nays 0 Recorded: Attest: Lick — rz.�> .00s1X,J s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING SALE OF SURPLUS PROPERTY Councilman Hansen made a motion, seconded by ' Courici'lwoman. Nelson, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. i VOLUME XLVII 183 RESOLUTION AUTHORIZING 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; and WHEREAS, the City Council of the City of Elgin on August 26, 2981 directed that a notice of sale of said property be published specifying minimum bid of $1,000.00; and WHEREAS, no bids were received pursuant to said notice; and WHEREAS, the adjoining property has agreed to purchase said property for $700.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Council of the City of Elgin has determined that it is in the best interest of the City of Elgin to sell the above described property for $700.00. BE IT FURTHER RESOLVED that the City Manager is hereby directed and authorized to enter into the attached contract of sale which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Rx ar L, er ic, yor Presented: March 31, 1982 Adopted: March 31, 1982 Vote: Yeas 4 Nays 0 Recorded: Attest: s/ Marie YearAan rie Yearman, City Cler ACCEPTANCE OF PROPOSAL FROM MOTOROLA INC. FOR 9 RADIO EQUIPMENT VOLUME XLVII Councilman Hansen made a motion, seconded by Councilwoman Nelson, to award the 1982 Radio Equipment contract to Motorola, Inc., at the total negotiated amount of $5985.00. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. ACCEPTANCE OF PROPOSAL FROM RADCO COMMUNICATIONS INC. FOR POLICE DEPARTMENT MONITORING SYSTEM Councilwoman Nelson made a motion, seconded by Councilman Hansen, to accept the proposal from Rado Communications, Inc., to furnish and install a closed circuit TV monitoring system for the Police Department, at a cost of $2412.00. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. ORDINANCE PASSED REPEALING CHAPTER 6.18 OF THE ELGIN MUNICIPAL CODE, 1776 AS AMENDED Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. VOLUME XLVII Ordinance No. G27 -82 AN ORDINANCE REPEALING CHAPTER 6.18 OF THE ELGIN MUNICIPAL CODE, 1976 AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 6.18 of the Elgin Municipal: Code, 1976, as amended, entitled "Courtesy Benches" be and is hereby repealed. Section 2. That except as provided below, all courtesy benches currently located on public property shall be removed no later than April 30, 1982. SR Section 3. That all courtesy benches located on public property which are owned and maintained by the City of Elgin or any other governmental unit $hall be permitted to be maintained at their present location. Section 4. That nothing herein shall be deemed to restrict or in any way limit the authority of the City of Elgin to provide for courtesy benches on public property as deemed necessary or desirable. Section S. That this ordinance shall take effect upon passage. s/ Richard L. Verbic Rl ar L. er.ic, Mayor Presented: March 31, 1982 Passed: March 31, 1982 Vote: Yeas 4 Nays 0 Recorded: Published: Attest: Marie Yea man ae Yearman, City Clerk ORDINANCE PASSED ESTABLISHING NINE HOLE RATE FOR SPARTAN MEADOWS GOLF COURSE 0 SATURDAYS, SUNDAYS AND HOLIDAYS Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: .None. 186 VOLUME XLVII Ordinance No. G25 -82 AN ORDINANCE ESTABLISHING NINE HOLE RATE FOR SPARTAN MEADOWS GOLF COURSE ON SATURDAYS, SUNDAYS AND HOLIDAYS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That in addition to fees and charges previously established, the following fees and charges be and the same are hereby established for the Spartan Meadows Golf Course: 9 Holes Adults (Sat., Sun. $ Holidays) After 1 :00 P.M. $ 5.50 Section 2. That this ordinance shall take effect upon its becoming law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: March 31, 1982 Passed: March 31, 1982 Vote: Yeas 4 Nays 0 Recorded: Published: At est: s/ Marie Yearm"an Marie Yeaman, City Cler E PASSED AMENDING THE OFFICIAL MW Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. VOLUME XLVII Ordinance G24 -82 AN ORDINANCE AMENDING THE OFFICIAL SALARY PLAN FOR THE CITY OF ELGIN AND ESTABLISHING AN EXEMPT MANAGEMENT POSITION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 187 Section 1. That Ordinance G3 -82 entitled "An Ordinance Amending Article IV. Entitled "The Adoption and Administration of Position Classifi- cation and Pay Plans" of Chapter 6 of the City Code (Ordinance No. S -569, Passed December 23, 1955) as Pertains to the Compensation Plan to the Schedule of Standard Salary Ranges and the Official Salary Plan of the City of Elgin, Illinois, as Amended" is hereby amended as follows: That the position titled "Parks Supervisor" is hereby deleted from Range 37B in Section 2 of said ordinance. B. That the position titled "Parks Maintenance Supervisor" is hereby established and placed in Range 34C of Section 3 of said ordinance.. Section 2. That Ordinance G81 -80 entitled "An Ordinance Amending the Management Group Benefit Program" is hereby amended by deleting the position of "Parks Supervisor" from Section 2 of said ordinance and by adding the position of "Parks Maintenance Supervisor" to Section 3 of said ordinance. Section 3. That Ordinance G83 -80 entitled "An Ordinance Establishing Exemptions From the Classified Service of the City of Elgin" is hereby amended by deleting the position. of "Parks Supervisor" and adding the position of "Parks Maintenance Supervisor" to Section 1 of said ordinance. Section 4. That this ordinance shall be in full force and effect March 21, 1982 in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: March 31, 1982 Passed: March 31, 1982 Vote: Yeas 4 Nays 0 Attest: s/ Mark i� eYeaan Marie Yearman., City Clerk .. VOLUME XLVII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Byron Jackson Pump Repairs to Slade Avenue booster pumps. $ 3,605.00 Dreisilker Electric Repairs to booster pump motors. 4,296.59 Rydin Equipment Repairs to various buses. 10,876.40 United Diesel Service Transmission repairs to Bras 8081. 2,694.53 General Motors Corp. Misc. Parts for Bus stock. 3,746.17 Northwest Ford Truck Engine replacement for Sales. Sanitation Truck. 4,569.18 Century Business Forms Printing of bus schedules 2,268.21 Kirwan Trane Agency Service to Trane water chillers for City Hall. 2,089.70 Second Chance Tactical Body Armor suits for SWAT team. 1,900.00,- Burnidge Brothers Reimbursement for oversized t watermain, Burnidge Big Timber Park. 9,250.00 George Saville Residential rebate program. 1,980.00 Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to approve the aforementioned payments. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. RESOLUTION ADOPTED CHANGING AND MODIFYING THE ROIITFS ANn SCHFn611 Fe FnR TPF TDAnfc DnD_ Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas, Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. 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 M. 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 shalt 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 March 29, 19$$ 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), heft 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 Bivd., 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, left 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 existing via Brandt Road, left on Brandt Road to Dundee Avenue, left on Dundee Avenue to Slade Avenue, right on Slade Avenue, resume regular route. DOUGLAS AVENUE ROUTE (continued) (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 pem. 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 E1ma Avenue, left on Elma Avenue to Slackhawk 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 Channing, 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 Chicago 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 GROVE AVENUE ROUTE (continued) 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 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 6:00 A.M. and 6:30 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 Ste Charles Street to Elgin Avenue, right on Elgin Avenue, resume normal route. (4) The 6:00 A.M. and 6:30 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 Grave 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 PARK /SUMMIT ROUTE (continued) 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, 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 Ste 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 WING PARK ROUTE (continued) 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. MC LEAN The 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 Big Timber, left on Big Timber to Lyle, north on Lyle to Sheffield, right on Sheffield to McLean, left on McLean to Holmes, right on Holmes to Davis, right on Davis to McLean, left on McLean to Forest, left on 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 Wing Street, left on Wing Street to Wing Park Boulevard, right on Wing Park Boulevard to Highland, right on Highland to Lyle, left on Lyle to Larkin, left on Larkin to McLean, right on McLean to Weld Rd., right on Weld Rd. to South Street, right on South Street to Hawthorne. 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 7 :15 P.M. on weekdays. The McLean Blvd. route bus shall originate from Elgin Community College traveling South at 6:03 A.M., 6:34 A.M., 7:00 A.M., 7 :35 A.M., 8:15 A.M., 8:45, 9:15 A.M., 10:15 A.M., 11:15 A.M., 12:15 P.M., 1 :15 P.M., 1:45 P.M., 2:15 P.M., 2 :45 P.M., 3:15 P.M., 3 :45 P.M., 4:15 P.M., 4:45 P.M., 5:15 P.M., 5:45 P.M., 6:15 P.M. and 7:15 P.M. 194 VOLUME XLVII 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 Mc Lean Blvd., bus route shall operate between the hours of 7:15 a.m. through 5 :15 p.m. on a 60 minute schedule. C. 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, repeated and in no further force and effect. Section 7. That the routes and regular schedules set forth in this resolution shall be in full force and effect until such time as changed, modified or terminated by action of the City Council, except that minor route and schedule changes necessary to provide for changing street conditions maybe made by the Transportation bepartment with the concurrence of the City Manager. 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 Richard L. Verbic, Mayor Presented: March 31„ 1982 Adopted: March 31 1982 Vote: Yeas 4 Nays 0 Recorded: t st: s/ Mar i ee ea4an Marie Yearman, City Clerk VOLUME XLVII REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for December, 1981 Traffic Committee Minutes for March 4, 1982 Water Department Report for February, 1982 Public Property and Recreation Board Minutes Cemeter Report for the month of February, 1982 Budget Summary dated March 8, 1982 mi Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to place the above reports on file. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. INANCE PASSED ESTABLISHING FARE Councilman Hansen made a motion, seconded by Councilman Kirkland, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. 196 Ordinance No. G26 -82 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 El in Adult Fare 50Q Senior Citizens and Handicapped (with proper I.D.) 25¢ Students 1. With Transportation Department Passes Students of high school age and below traveling to and from school between the hours of 6:15 a.m.. and 7 :00 p.m. 25¢ 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 7:00 p.m. Free Children from age 7 through age 11 25t 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¢) Elgin /Aurora Bus Route (Local Zone) Adult 50t Senior Citizens and Handicapped (with proper I.D.) 25¢ Elgin /Aurora Bus Route (Local Zone) continued Students 1, With Transportation Department Passes Students of high school age and below traveling to and from school between the hours of 6:15 a.m. and 7:00 p.m. 25� 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 7 :00 p.m. Free Children from age 7 through age 11 25� Children age 6 years and younger (when a- companied by a fare paying passenger) Free Elgin Transfers Free RTA Universal Transfer 40t (Students, Senior Citizens & Handicapped 2U) Elgin /Aurora Bu4 Route (Non - Local Zone) Adult Mn Senior Citizens & Handicapped (with proper Y.D.) 40t Students 1. With Transportation Dept. Passes 40t Students of high school age and below traveling to and from school between the hours of 6:15 a.m. and 7:00 p.m. 2. With School District U -46 Passes Free Students of high school age and below traveling to and from school between the hours of 6 :15 a.m. and 7:00 p.m. Children from age 7 through age 11 40t Children age 6 years and younger (when accompanied by fare paying passenger) Free Elgin Transfers Free RTA Universal Transfer lot (Students, Senior Citizens & Handicapped 5¢) .• rpentersville & Barrington Chicago & Northwestern eder Service Adults 50t Senior Citizens & Handicapped (with proper I.D.) 25t Students /Children 7 -11 25t Children age 6 and under (with fare paying passenger) Free RTA Transfer 40¢ Reduced Fare RTA Transfer 20t North & South Hanover Park /Streamwood Feeder Service Adults 6 0t Reduced Fare 25t Children under age 7 Free RTA Transfer Full Fare 40t Reduced Fare 25t Elgin /Spring Hilt Mall (Non - Local) Adult 80t RTA Transfer lot Senior Citizen, Handicapped, Students (with proper I.D.),Children 7 -11 40t RTA Transfer (Reduced Fare) 5t VOLUME XLVBI 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 Presented: March 31, 1982 Passed:',, March 31, 1982 Vo ie: Yeas 4 Nays 0 Recorded: Published: A tires t S/ Marie Yearman Marie Yearman, Ci ty Clerk VOLUME XLVII RESOLUTION AUTHORIZING AGREEMENTS WITH VARIOUS PROPERTY OWNERS TO SHARE COSTS OF DOUGLAS AVENUE STREETSCAPE Councilman Hansen made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution, Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. 199 200 VOLUME XLVII RESOLUTION AUTHORIZING AGREEMENT'S WITH VARIOUS PROPERTY OWNERS TO SHARE COSTS OF DOUGLAS AVENUE STREETSCAPE WHEREAS, various property owners in the City of Elgin have petitioned the City to construct a local improvement commonly known as the Douglas Avenue Streetscape; and WHEREAS, said property owners have agreed to share the costs of said improvements; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable that said improvements be made and that the adjoin- ing property owners should bear some of the costs thereof; and WHEREAS, the City of Elgin is a home rule unit by virtue of Article VII of the Illinois Constitution and is thereby empowered to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, local improvements are matters relating to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager and City Clerk be and are hereby authorized and empowered to accept and execute thirteen (13) agreements, which are attached hereto and made a part hereof by reference, with the owners of the following property, all located within the City of Elgin, Kane County, Illinois: Presented: March 31, 1982 Adopted: March 31, 1982 Vote: Yeas 4 Nays 0 Recorded: Atte t: s Mare Yea an Marie Yearman, City Clerk Owner Frank Kramer Elgin National Bank, Tr. #889 Keeney's Sporting Goods, Inc. First National Bank of Elgin, Tr. #3536 First National Bank of Elgin, Tr. #2988 Union National Bank & Trust of Elgin, Tr. #889 L. S. Rauschert $ D. L. Kubiak Charles Hines $ Patricia Hines Valley Bank $ Trust Co., South Elgin, Tr. #0183 Anthony White. Rosella Menke David and Carol White Ben Corn and Carl Lindoerfer s/ Richard L. Verbic Ric r L. e-r ic, Mayor Property Address 1. 8 Douglas Avenue -2. 14 Douglas Avenue 3. 19 Douglas Avenue 4, 10 -12 Douglas Avenue 5. 100 East Chicago Street 6. 23 Douglas Avenue 7. 18 Douglas Avenue 8. 20 -22 -24 Douglas Avenue 9. 17 Douglas Avenue 10. 16 Douglas Avenue 11. 21 Douglas Avenue 12. 14 Douglas Avenue 13. 11 -13 Douglas Avenue Presented: March 31, 1982 Adopted: March 31, 1982 Vote: Yeas 4 Nays 0 Recorded: Atte t: s Mare Yea an Marie Yearman, City Clerk Owner Frank Kramer Elgin National Bank, Tr. #889 Keeney's Sporting Goods, Inc. First National Bank of Elgin, Tr. #3536 First National Bank of Elgin, Tr. #2988 Union National Bank & Trust of Elgin, Tr. #889 L. S. Rauschert $ D. L. Kubiak Charles Hines $ Patricia Hines Valley Bank $ Trust Co., South Elgin, Tr. #0183 Anthony White. Rosella Menke David and Carol White Ben Corn and Carl Lindoerfer s/ Richard L. Verbic Ric r L. e-r ic, Mayor VOLUME XLV1I RECOGNIZE PERSONS PRESENT 201 W. E. Rauschenberger, 814 Morgan St.: I am a property owner in this city, I own a half interest in a furniture building and resent the city using tax money to rent the Hemmens Building to a fly -by -night organization whose advertising was completely scruffluous, illegal, incorrect and the city, and also I resent the city contracting this building without a resolution being passed. Every time the building has been let to businesses other than furniture, such as the music and entertainment, a resolution has been passed by the City Council authorizing it. There was no authorization for this rental. There are also, according to the letter that you received from Harold Seigle, it apparently was illegal from the terms of the Will. The Will says that the building shall be used for a community building and auditorium for the benefit of the inha- bitants of the City of Elgin and bringing a fly -by -night in to take the people of the City of Elgin for $20,000 to $30,000 is certainly in my opinion not living up to the terms of the Will. I hope that this Council will consider an ordinance that prohibits the rental of the Hemmens Building to fly -by -night operators from outside the City of Elgin. I see no reason why a person within the City of Elgin does'nt have a right to rent it for a retail purpose on a short term basis, but after all they will stay here to stand behind their goods. Leo Nelson: I am not sure there is any requirement for the Council to pass a resolution to rent out the Hemmens Building, as it is rented out routinely, unless you are talking about a very specific case that I am not aware of. Mr. Rauschenber: I checked the minutes and there are resolutions passed by the Council authorizing musicals and other entertainment. Leo Nelson: That is when we are contracting as the City of Elgin. Ron Kilgore: I have had many phone calls through I.D.E.A. to control the type of operation that we did have this past weekend. As I.D.E.A. we do wish to make it known officially that we do not appreciate that type of operation to be run within our community. We feel primarily interested in the community at large and what transpires. If there is a problem with certain merchandise what recourse do they have. think our proper direction should be to th, Council and Board to direct them or ask them future please consider these avenues and not outside the community to come in. I also question the fact of the tax dollars, where do those tax dollars go, are we really community. I have not gotten a satisfactory Hemmens Advisory if they would in the allow outsiders what really transpires, getting them in the answer from the 202 VOLUME XLVII Finance Department as yet. All I know is on the particular event last weekend that these people from Fort Atkinson, Wisconsin, had made out the proper papers for the State of Illinois, but I don't if they mailed them or whether they have been secured and if we will get our tax dollars back in this community. It is a real concern and we should be aware of it and protect ourselves and our community. Leo Nelson: Mr. Rauschenberger referred to the Will, we will look into that and see if there were any restrictions or covenants. I am not aware that we are violating anything, but we certainly need to look into it. The other side of this, they did pay us $2,000 rent and to answer your question Ron on sales tax, all we can say at this time is they have filed the form, they tell us they sent it in to the State of Illinois, we will verify that. Unfortunately, we can't really verify it for another month or two. realize there is a negative side to this and that is where do the people go when they are not satisfied with the merchandise. There is that crtcism and that concern. We will look into the matter. Councilwoman Nelson made a motion, seconded by Councilman Kirkland, that the corporation counsel will check into the Will of Hattie F Hemmens, and also a general discussion as to the legal ramifications as to whether the city can limit the use of the Hemmens Building. Yeas: Councilmen Hansen, Kirkland, Nelson and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relaive to forthcoming meetings. ADJOURNMENT OF COUNCIL MEETING AND RESU PTION OF THE COMMI TEE OF THE WHOLE MEETING Councilman Kirkland made a motion, seconded by Councilman Hansen, to adjourn the Elgin City Council Meeting and resume the Committee of the Whole Meeting. yeas: Councilmen Hansen, Kirkland, Nelson, and Mayor Verbic. Nays: None. The Council Meeting was adjourned at 9:25 p.m. Maxie Yearma Cety C er VOLUME XLVII April 14, 1982 203 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 14, 1982, 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 Reverend Samuel H. Flora of the Highland Avenue Church of the Brethren, and the Pledge of Allegiance was led by Councilman Kirkland. Mayor Verbic; I would like to have everyone remain standing for a moment of silence for the departure of Carl A. Jepson, a man who contributed many years to the City of Elgin. A gentleman who was well respected. had the opportunity to be with him for a few years, Councilman Gilliam did also and we know that when he came in front of the Council, he was a soft spoken gentleman true to the word. Forty - three years of dedication to the City of Elgin, Administrative head of the Water Department for many years and a man that gained the respect of many people who came in contact with this gentleman through the years. Let us bow our heads in respect. 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 MARCH 17, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Nelson, to approve the March 17, 1982 Council Minutes as published. Yeas:, Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. MINUTES OF THE MARCH 31, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Kirkland made a motion, seconded by Councilman Hansen, to approve the March 31, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. Present: Councilman Waters. 204 VOLUME XLVII "1._ BID AWARDED FOR WATER BILLING FORMS Councilman Kirkland made a motion, seconded by Councilman Schmidt, to award the bid for Water Billing Forms to the low bidder, Elgin Business Forms, for $1688.00. Yeas - Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR PRINTING THE COM N1TY NE SLETTER Councilman Hansen: 1 believe this item used to appear in the Department of Public Information and that department has now been abolished. At the time when we talked about the budget, we wondered if the Park's program schedule could possibly be gotten out to our citizens cheaper with a newspaper ad, and I am wondering if the Purchasing Department has looked at that. Leo Nelson: The Community Newsletter is probably not an appro- priate title any longer. It is really the Recreation Department's brochure and it is intended only to publicize and advertise and inform citizens as to the offerings being made by the Recreation Department. Mike Sarro: It is a bit of a misnomer, it should be entitled Recreation Newsletter. While the Community Newsletter was basically a funnel through that Department, the cost of the news- letter, in the past few \` years, was shared not only by Public information, but by Recreation, Transportation and other Departments that may have had items of interest in .a particular newsletter. Then we also put it out on a more frequent basis. I think we put it out four times a year, with the Recreation Department probably at that time paying for the equivalent of two full issues, but having information included in probably all of them.' As Leo suggests this is merely a program solicitation,announcements, and things of that nature. If we were to place a single ad in the newspaper it would be substantially higher and we would still be faced with the knowledge that not all of the people we are trying to reach with the newsletter subscribed to the Courier. A lot of these people are of limited income who we hope we are reaching with the various programs put on by the Park's Department. However, in my memo, I did indicate that should other Departments in any of those three issues that we are asking to be awarded this 'evening be allocated to other departments, such as Transpor- tation or Community Development, that they would then still go back to that same policy that we had a couple of years ago. They would in fact share that cost through their budget. Councilman Hansen: Do you have any idea of the cost of the postage. VOLUME XLVII 205 Mike Sarro: Postage is about $2,000 per mailing. There are funds i in the 1982 budget for both the printing of the three issues and the postage for those three issues. Councilman Waters: I would just remind the Council that from my recollection of the budget discussion, that Parks and Recreation programs is running on a break -even, if not a profit basis in terms of revenues generated from the programs we are providing. am referring specifically to the programs that we are talking about with this advertisement, not the total Parks and Recreation programs. Phil Bennet: Many of them are, but certainly not all of them. We have in the past used newspaper staffers and with all due respect to the newspapers their circulation does not begin to approach this and our responses have not been good when we have tried that type of an approach. The other thing that we do with our programs that are aimed solely at the young people, we send out a flier to all the schools. U -46 has been very good about circulating these. We found with the newspaper staffers two things were occurring. One was the relatively low circulation and the other one is, with the stuffer it was up to the individual carrier to put the stuffer in and some of them decided not to do that, so we really did not get what we paid for in that particular instance. In many of these programs the costs are recovered and if there is not sufficient registrations the program is let go, we would not run it. Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to award the bid for printing the community newsletter to the low bidder, Free Press Inc., for $4,464.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR BATTERIES FOR POLICE PORTABLE RADIOS Councilman Kirkland made a motion, seconded by Councilman Hansen, to award the bid for batteries for police portable radios to the low bidder, Mobile Technical Service Corp., for $2,087.40. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR LIGHTING FIXTURES FOR LORDS PARK LAGOON Councilman Waters made a motion, seconded by Councilwoman Nelson, to award the bid for lighting fixtures for Lord's Park Lagoon to the low bidder, Fox Electric Supply, for $1,571.38. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters anc Mayor Verbic. Nays: None. 206 BID AWARDED FOR VARIOUS WATER LABORATORY CHEMICALS VOLUME XLVII Councilman Hansen made a motion, seconded by Councilman Gilliam, . to award the bid for various water laboratory chemical to the low bidder, American Scientific Products, for $5,095.80. Yeas: Councilmen. Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: Nome. BID AWARDED FOR BITUMINOUS PATCHING MIXTURES Councilwoman Nelson made a motion, seconded by Councilman Hansen, to award the bid for bituminous patching mixtures to the low evaluated bid4er,�Giertz -Me ahn Asphalt Company, for $45,797.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING PARTICIPATION IN THE "LOCAL GOVERNMEN FINANCIAL HEALTH PROGRAM Councilman Waters: I would move that this Resolution be approved, with a note of appreciation to the staff for bringing this to the Council. Councilman Kirkland seconded said motion. Yeas: Council -. men Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. i VOLUME XLVII 207 RESOLUTION AUTHORIZING PARTICIPATION IN THE "LOCAL GOVERNVIENf FINANCIAL HEALTH PROGRAM" WHEREAS, the Illinois Department of Commerce and Community Affairs provides a "Local Government Financial Health Program" to aid municipali- ties in the State of Illinois; and WHEREAS, said program provides participating municipalities with valuable and meaningful information on their overall financial condition; and WHEREAS, the City of Elgin is desirous of participating in said program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it is desirable and beneficial to the City of Elgin to participate in the Local Government Financial Health Program conducted by the Illinois Department of Commerce and Coimmndty Affairs. BE IT FURTHER RESOLVED that the Finance Director and the City Clerk be and are hereby authorized and directed to submit materials and take other actions required to participate in said program. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: April 14 1982 Adopted: Apri 1 14, 1982 Voter Yeas 7 Nays 0 Recorded: ®Attest: �l s/ Marie Yegrman Marie Yearman, City Clerk ORDINANCE PASSED ESTABLISHING FEES FOR THE CONNECTION AND USE OF CERTAIN WATERMAIN IMPROVEMENTS 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. 208 VOLUME XLVII Ordinance No. T3 -82 AN ORDINANCE ESTABLISHING FEES FOR THE CONNECTION AND USE OF CERTAIN WATEMMAIN D PROV51ENTS WHEREAS, the City of Elgin has caused certain watermain improvements to be made and identified as the Airlite Street and Highland Avenue water- main improvements; and WHEREAS, the cost of the City of Elgin to be reimbursed amounted to $53,037.00; and WHEREAS, said improvements extend across property located within the City of Elgin for a distance of 2,922 feet; and WHEREAS, the City of Elgin is a home rule unit empowered to exercise aanny power or perform any function pertaining to its government and affairs; WHEREAS, it is reasonable to require owners of property adjoining said improvements to bear a proportionate share of the cost of said improvement in the event that said owners desire to connect to and use said watermain. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That any owner of property adjoining the above.described Airlite Street and Highland Avenue watermain improvement who desires to connect to and use said facilities shall pay to the City Treasurer of the City of Elgin, Illinois, a fee in an amount determined at the rate of $9.08 per front foot of such owner's property adjoining said improvement. Said fee shall be in addition to any and all other fees established by the City of Elgin for water service. Section 2.. That in accordance with the provisions of Section 1 of this ordinance, the following amounts are established to be paid for connection_ to property adjoining the Airlite Street and Highland Avenue watermain improve- merit: Front Parcel Number Tax Number Owner Footage Amount 1 06- 16- 226 -013 Union National Bank & 837.1 $ 7,600.87 Trust Co. of Elgin Trust No. 1262 c/o Stolt $ Egner, Inc. 362 Randall Road Elgin, IL 60120 2 06- 16- 226 -002 Feldman, John G. $ 201. -1 $ 1,825.99 Beverly B. c/o Hermine M. Faber RR #2, Box 384 Hampshire, IL 60140 Parcel Number Tax Number Front Owner Footage, Amount 3 06 -16 -226 -006 Feldman, John G. 192.0 $ 1,743.36 c/o Germaine Faber $ RR #2, Box 384 Hampshire, IL 60140 4 06 -16 -226 -076 Jerry L. $ Virginia Hoover 175.8 $ 1,596.26 1740 W. Highland Avenue c/o Williamsburg Homes, Elgin, IL 60120 5 06 -16- 226 -005 Jerry L. $ Virginia Hoover 165.0 $ 1,498.20 c/o Mark B. Leininger 1740 W. Highland Avenue .. Elgin, IL 60120 Elgin, IL 60120 6 1st National Bank of 867.52 $ 7,877.08 Elgin, Trust No. 1348 c/o Williamsburg Homes, Inc. 1895 Jamestown Lane° .. Elgin, IL 60120 7 Highland Ave. 1st National Bank of 767.48 $ 6,968.72 Elgin, Trust No. 1348 c/o Williamsburg Homes, Inc. 1895 Jamestown Lane Elgin, IL 60120 Airlite Str. 1st National Bank of 581.0 $ 5,275.48 Elgin, Trust No. 1348 c/o Williamsburg_, Homes, Inc. 1895 Jainbstown Lat1e., .._ Elgin, IL 60120 8 06- i6 -2(}2 =001_ Northern Trust - Trust 1260.0 $11,440.80 No. TH00129 100 West Mall Drive Carpentersville, IL 60110 9 Stolt and Egner, Inc. 64.0 $ 581.12 362 Randall Road Elgin, IL 60120 Section 3. That adjoining properties held in common ownership shall be subject to payment of an amount based upon the frontage of all said properties when application for connection for any of said ltos is made. Section 4. That any person desiring to hook on to said watermain improve- ment prior to August 1, 1982, may pay said amount in full without interest. Section 5. That any person desiring to hook on to said watermain improve- ment after August 1, 1982 shall pay an amount equal to the amount established for the property to be served plus interest at the rate of 9% of the total amount due accruing from and after August 1, 1982 to the date of payment. Section 6. That a certified copy of this ordinance shall be recorded with the Recorder of Deeds of Kane County, Illinois. 210 VOLUME XLVII Section 7. That all ordinance or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 8. 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. Verbic, Mayor Presented: April 14, 1982 Passed: April 14, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: O s/ Marie Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN 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, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII 211 RESOLUTION AUTHORIZING AN AGREEMENT FOR RTA PARATRANSIT SERVICE PROCEDURES 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 for RTA Paratransit Service Procedures, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: April 14 1982 Adopted: April 14, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: LJ �cz s/ Marie Yarman Marie Yearman, City Clerk Councilwoman Nelson 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. 212 RESOLUTION AUTHORIZING EXECUTION OF A STIPULATED AGREEMENT WITH THE ILLINOIS COMMERCE C01vIIvIISSION AND THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY FOR GRADE CROSSING SAFETY IMpR0VBvFM AT WALNUT AVENUE VOLUME XLVII 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 stipulated agreement with the Illinois Commerce Commission and the Chicago and Northwestern Transportation Company for grade crossing safety improve- ment at Walnut Avenue, a copy of which is attached hereto and made a part hereof by reference. Presented: April 14, 1982 Adopted: April 14, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie arman rae Yearman, City Clerk t.� Councilman Kirkland made a to pass the aforementioned Hansen, Kirkland, Nelson, None. S/ Richard L. Verbic RiEEard L. er 1c, Mayor THORIZING ACOUISIT motion, seconded by Councilwoman Nelson, ordinance. Yeas: Councilmen Gll Liam, Schmidt, Waters and Mayor Verbic. Nays: Fes. VOLUME XLVI9 Ordinance No. S3 -82 AN ORDINANCE AUTHORIZING ACQUISITION OF EASEMENTS FOR ACCESS ROAD WHEREAS, the City of Elgin currently has a water treatment facility on West River Road in Elgin; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to acquire a permanent access easement to said facility across certain real property in order to permit reasonable access and egress from said facility; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to acquire a temporary construction easement to facilitate construction of a road upon the permanent easement:; and WHEREAS, the City of Elgin is a home rule unit pursuant to the provi- sions of the Illinois Constitution 1970 and as such is authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, the acquisition of permanent easements and temporary construc- tion easements to provide access -to City.facilities is within the govern- ment 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 permanent and temporary easements be acquired across certain real property in the City of Elgin, Kane County, Illinois, hereinafter described, for the construction and maintenance of an access road. Section 2. That it is hereby determined that it is necessary and desirable that the City of Elgin shall acquire the following easements across, upon and over the following described real property lying wholly within the limits of the City of Elgin, to -wit: PARCEL 1 Permanent Easement Of an easement for Ingress and Egress over the West 12.50 feet (as measured at right angles to the West line thereof) of Lot 1 of Elgin Airport Inn Inc. Plat; being a Subdivision of part of the East half of the Southeast quarter of Fractional Section 2, Township 41 North, Range 8, East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, and containing 0.172 acre more or less. Temporary Construction Easement A temporary construction easement over the West 30.0 feet (as measured at right angles to the West line thereof) of Lot_ 1 of Elgin Airport Inn Inc. Plat, being a subdivision of part of the East half of the Southeast quarter of Fractional Section 2, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois and containing 0.413 acre more or less. 213 Permanent Easement On an easement for Ingress and Egress over that part of the East Half of the Southeast Quarter of Fractional Section.2, Township 41 North, Range 8, East of the Third Principal Meridian, described as follows. Beginning at the intersection of the Northerly line extended Easterly, of Ranch Road, as platted in Riverside Manor Unit No. 2, a subdivision of part of Fractional Section 2, Township and Range aforesaid with a line drawn parallel with and 537.23 feet West of (as measured along the Southerly line of a tract of land conveyed to Northern Illinois Gas Company by Deed dated November 21, 1958 and recorded November 28, 1958 in Book 1932, page 239 as Docu- ment No. 876705) the East line of the Southeast quarter of said Frac- tional Section 2; thence Northerly, along said parallel line, a distance of 574.48 feet (this course hereinafter referred to as Lane "A ") to the Southerly line of a tract of land conveyed to Northern Illinois Gas Company as aforesaid; thence Westerly along said Southerly line a distance of 12.50 feet; thence Southerly parallel with aforesaid Line "A" a distance of 574.51 feet to the Northerly line, extended Easterly of Ranch Road, as aforesaid; thence Easterly, along said Northerly line, extended Easterly, a distance of 12.50 feet to the place of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 0.165 acre more or less. Temporary Construction Easement A temporary construction easement over that part of the East half of the Southeast quarter of Fractional Section 2, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the intersection of the Northerly line, extended Easterly, of Ranch Road, as platted in Riverside Manor Unit No. 2, a subdivision of part of Fractional Section 2, Township and Range aforesaid with a line drawn parallel with and 537.23 feet West of (as measured along the Southerly line of a tract of land conveyed to Northern Illinois Gas Company by Deed Dated November 21, 1958 and recorded November 28, 1958 in Book 1932, page 239 as Document No. 876705) the East lane of the Southeast quarter of said Fractional Section 2; thence Northerly, along said parallel line, a distance of 574.48 feet (this course here- inafter referred to as Line "A ") to the Southerly line of a tract of land conveyed to Northern Illinois Gas Company, as aforesaid; thence Westerly, along said Southerly line a distance of 30.0 feet; thence Southerly, parallel with aforesaid Line "A" a distance of 574.51 feet more or less to the Northerly line, extended Easterly of Ranch Road, as aforesaid; thence Easterly, along said Northerly line, extended Easterly, a distance of 30.0 feet to the place of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 0.396 acre more or less. 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 granting of easements thereon to the City of Elgin; VOLUME XLVII 215 Section 4. That the City Manager be and is hereby authorized to offer i the sum of $4,500 as and for compensation to the owner or owners of Parcel 1 of the above- described property; said offer shall be in writing. Section 5. That the City Manager be and is hereby authorized to offer the sum of $4,300 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 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 easements across, upon and over said property, as described in Section 2 above, 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 said easements across, upon and over said property for the City of Elgin in accordance with the eminent domain laws of the State of Illinois. Presented: April 14, 19.82 Passed: April 14, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Ye rman Marie Yearman, City Clerk RESOLUTION s/ Richard L. Verbic Richard L. Verbic, Mayor IZING 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. 216 VOLUME XLVII RESOLUTION AUTHORIZING AN AGREEMENT WITH GLUTH BROTHERS, INC. FOR CONSTRUCTION OF A PUBLIC IMPROVEMENT WHEREAS, on September 2, 1981 the City of Elgin entered into a written agreement with Valley Engineering Company, an Illinois corporation, for the construction of a retaining wall at Fulton and Villa Streets in the City of Elgin; and WHEREAS, Valley Engineering Company, an Illinois corporation, failed to commence work under said agreement; and WHEREAS, on November 12, 1981 Valley Engineering Company, an Illinois corporation, filed its petition for bankruptcy -in United States District Court under General Number 81 B 14100; and WHEREAS, on December 2, 1981 Valley Engineering Company, an Illinois corporation, was declared in default due to its failure to commence work and the filing of its petition in bankruptcy; and WHEREAS, notice Of declaration of default was given to United States Fidelity '& Guaranty Company, surety for Valley Engineering Company, an Illinois corporation, for the obligations of the'contract herein described; and WHEREAS, on December 21, 1981, the bankruptcy court entered its order authorizing and permitting United States Fidelity & Guaranty Company to complete the obligations of the contract of Valley Engineering Company, an Illinois corporation,.with respect to the agreement herein described; and WHEREAS, the United States Fidelity $ Guaranty Company has directed the obligations of Valley Engineering Company, an Illinois corporation, under the agreement herein described be performed by Gluth Brothers, Inc. and has further requested that the City of Elgin enter into a contract with Gluth Brothers, Inc. for the work described in its agreement with Valley Engineering Company, an Illinois corporation; and WHEREAS, it is in the best interest of the City of Elgin to execute such a contract. 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, are respectively authorized and directed to execute a contract with Gluth Brothers, Inc., a copy of which is attached hereto and made .'dart hereof by reference, for the construction of a retaining wall at Fulton and Villa Streets in the City of Elgin. BE IT FURTHER RESOLVED that Change Order No. 1, dated April 5, 1982 to the contract herein described be and is hereby approved. s/ Richard L. Verbic Richar L. Vex° ic, Mayor dEe "I'LWcWAIIII Presented: April 14, 1982 Adopted: April 14, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yuman Marie Yearman, City Clerk Councilman Waters made a motion, seconded to adopt the aforementioned resolution. Nelson, Schmidt, Waters and Mayor Verbic. Abstained: Councilman Kirkland. 217 by Councilwoman Nelson, Yeas: Councilmen Gilliam, Nays: Councilman Hansen. an VOLUME XLV11 RESOLUTION RATIFYING A CONTRACT WITH RYAN INCORPORATED OF WISCONSIN FOR CERTAIN LIME RESIDUE DISPOSAL FACILITIES WHEREAS, on February 19, 1982 the City of Elgin, acting through its duly appointed and acting City Manager, executed a written agreement with Ryan Incorporated of Wisconsin for labor and materials necessary for the installation of certain lime residue disposal facilities:; and WHEREAS, in reliance upon said contract Ryan Incorporated of Wisconsin has proceeded to make necessary preparations and preliminary work for purposes of carrying out its obligations under said agreement; and WHEREAS, it has been alleged that said agreement was irregularly authorized; and WHEREAS, it is in the best interest of the City of Elgin to ratify and affirm its obligations under its written contract with Ryan Incorporated of Wisconsin dated February 19, 1982 for certain lime residue disposal facili- ties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,- ILLINOIS, that the obligations, duties and responsibilities of the City of Elgin under a certain contract dated February 19, 1982 with Ryan Incorporated of Wisconsin for certain lime residue disposal facilities be and are hereby ratified and'affirmed in all respects. Presented: April Adopted; Apr i l Vote: Yeas 5 Recorded: Attest: s/ Richard L. Verbic Echard M Verbic, Mayor 14, 1982 14, 1982 Nays 1 Abstained s/ Marie Yeaan Marie Yearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 97 ENTITLED ALCOHOLIC LI UOR DEALERS BY ADDING A SPECIAL EVENTS - -CLASS I LIQUOR LICENSE Councilman Hansen 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. VOLUME XLVII 1. r -- Ordinance No. G29 -82 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976 ENTITLED ALCOHOLIC LIQUOR DEALERS BY ADDING A SPECIAL EVENTS- -CLASS LIQUOR LICENSE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.050 entitled "License -- Classes -- Fees" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by adding the following: "J. Class I. For retail sale of alcoholic liquor during a special event sponsored by a not- for - profit corporation or associa- tion and conducted by such association or corporation in conjunction with a vendor who, pursuant to the provisions of this chapter, holds a current and valid liquor license in the City of Elgin. Provided, however, no license shall issue for more than two consecutive days nor for more than twelve (12) hours during any single day. The license fee shall be $25.00 per day. Application for a special events Class I liquor license shall be on a form approved by the local liquor control commission and provided by the City. Any not- for - profit corporation or association applying for such a license shall be required to engage the services of a vendor currently having a liquor license issued by the City of Elgin. Said vendor shall furnish the City with evidence of liquor liability insurance for the site where alcohol is to be sold. Where the application is for the sale of beer and wine only application shall be made to the City Clerk. Where the application is for the sale of alcoholic liquor generally the application must be approved by the liquor commission." Section 2. That Section 6.06.080 entitled "License --Number to be issued" of the Elgin Municipal Code, 1976, as amended, is amended by adding the following: "No more than five (5) Class I licenses shall be issued to any single not - for - profit corporation or association during any one calendar year. 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. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: April 14, 1982 Passed: Apri 1 14, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: At est: 7 1...''t, c.�„h�t�2J S/ Marie Yea man Marie Yearman, City Clerk 219 220 VOLUME XLVII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Elgin Symphony Orchestra Performance of family concert $ 2,100.00 Rydin Equipment Bus ##8102 repairs 5,544.03 General Motors Misc. Bus parts for stock 3,071.18 Kathy Dishroom Residential Rebate Program 4,682.00 810 Oak Street Marcia Doeringfeld Residential Rebate Program 1,550.00 705 W. Highland Ave. Councilman Kirkland 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. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for January, 1982 Water Department Report for March, 1982 Public Works and Engineering Report for January /February, 1982 Monthly Building Permit Report for March, 1982 Councilman Gilliam made a motion, seconded by Councilman Hansen, to place the above 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 OF COUNCIL MEETING AND RESUMPTION'OF THE COMMITTEE OF THE WHOLE MEETING Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adjourn the Elgin City Council Meeting and resume the Committee of the Whole Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The Council meeting was adjourned at 8 :45 p.m. Marne Yearman City Clerk VOLUME XLVII April 28, 1982 221 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 28, -1982, at 8 :12 p.m., in the Council Chambers of City Hall. The meeting was called to order by Councilman Waters. The Invocation was given by Pastor Episcopal Chruch of the Redeemer, was led by Councilman Gilliam. ROLL CALL C. Lee Gilbertson of the and the Pledge of Allegiance Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Waters. Absent: Mayor Ve'rbic. 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 Waters as Mayor Pro Tem. Yeas: Councilmen Gilliam, Hansen, Kirkland, .Nelson, Schmidt and Waters. Nays: None. MINUTES OF THE APRIL 14, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to approve the April 14, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. COMMUNICATIONS Request from Tidy Carpets to hold a tent sale. Councilman Schmidt made a motion, seconded by Councilwoman Nelson, to grant permission to Tidy Carpets to hold a tent sale. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. BID AWARDED FOR TWO PICK -UP TRUCKS OR PARKS MAINTENANCE A D THE WATER DEPT. Councilman Kirkland made a motion, seconded by Councilman Hansen, to award the bid for two pick -up trucks to the low bidder, Biggers Chevrolet, for a total of $14,025.34. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. 222 BID AWARDED FOR HEMMENS STAGE LIGHTING SYSTEM VOLUME XLVII Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to award the bid for the Hemmens Stage Lighting System to the low bidder, Dimatronics /Vara -Light Inc.,, for a total of $20,083.14. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. BID AWARDED FOR POLICE RIOT HEL ETS Councilman Hansen made a motion, seconded by Councilwoman Nelson, to award the bid for Police Riot Helmets to the low bidder, Ray O'Herron Company, for a total of $4,255.90. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. PETITION 3- 82 'REQUESTING A 1-4 GENERAL SER I D TRIC PECIAL USE FOR A RESTAURANT ELECTRONIC GAME-CENTER AT VILLA STREET -- APPROVED Jerry.Deering, Senior Planner: Petition 3 -82 concerns approximately 22L acres located on the northwest corner of Villa Street and Varsity Drive. The subject property is improved with a 4500 square r foot existing commercial structure and off - street parking facilities. Both the Community Development Department and the Land Use Committee have recommended the approval of this proposed restaurant /electronic game center, subject to the following conditions: The electronic game center portion of the use is not to exceed 50% of the gross floor area of the existing structure or 2,250 square feet. The remaining square footage is to be given to the restaurant portion of the use. 2. Conformance to the following operating rules and regula- tions: (a) No loitering on or around the premises. (b) No gambling on the outcome of games. (c) No food or drink in the game room area. (d) No persons under the age of 16 years on the premises during school hours. (e) Smoking in designated areas only. (f) A dress code ensuring proper attire. (g) Parking area supervised by security services. i VOLUME XLVII 223 (h) Adult staff on the premises at all times. ('i) Maximum hours of operation Monday thru Thursday 11 :00 a.m. - 12:00 a.m. Friday and Saturday 11:00 a.m. - 1:00 a.m. Sunday 12 :00 p.m. - 12:00 a.m. 3. Provision of a landscaped curb island along the northerly line of the subject property. 4. Conformance to the city's screening and landscaping require- ments for the entire parking lot. 5. - Compliance with all other applicable codes and ordinances. Councilwoman Nelson: I requested when we first licensed electronic machines here to be a $100.00 fee and my buddies here talked me down to what we have for a couple of small places here. I explained to your partner, Mr. Horace, that _I was going to recommend to the Council, and this is something that does not have to be taken care of tonight, but it would be a $75.00 fee for each machine. What want you to know is that is the way I am going in tonight. Mayor Pro Tem Waters: Councilwoman Nelson, I think you are pro- posing to the Council an increase in fees for all electronic games, not just this establishment. Sandy Bierman, 36 North Wildwood,.Mt. Prospect, Illinois: I am an associate of Susan England. We had an architect prepare our layout of our proposed restaurant /game room and this is it here. Donna Van. Meter, 755 Wright Avenue: I was at the previous meetings and many of us neighbors have had a chance to get together ourselves in the neighborhood to really find out from each one and get to- gether as to why we were opposed to this. We have gotten a letter together that I would like to read. The residents of the area surrounding the proposed game arcade are interested in establishing a set age limit. Petitioners have stated their willingness to enforce an age limit of 16 during school hours, but what about after school and summer recess. If the arcade is opened during these times for any and all age groups it will draw children from approximately 8 - 16 years, on foot, and /or bicyles. Our concern is this. Business 20 is a throughfare with a forty mile per hour speed limit and no continuous sidewalk system from Liberty Street east to the proposed establishment. We feel that this is a very dangerous situation. It has already been dangerous for us with just the high school ages walking with no sidewalks to there and our trying to get to work with our cars. The petitioner has also stressed at previous meetings that they want to operate a family center arcade and restaurant on the order of Show Biz Pizza. Shot Biz Pizza is family orientated, with hours 224 VOLUME XLVII of 11;00 to 11:00 Sunday through Thursday and 11 :00 to 12:00 Friday and Saturday. Nobody under the age of 18 is allowed on the premises without an adult•at any time. The opinion of residents of our area previously substantiated by the 470 signatures submitted to the Planning Commission were opposed to the arcade. The residents do agree however that an age restriction of 18 should pose no problems to the petitioners' family center. If they are opposed to this restriction, we feel the petitioners are not interested in a family center that they stressed. The residents of the area ask the Council to carefully consider the ramifications of an unrestricted game arcade in this area. Susan England, 703 Forest, Evanston, Illinois: Show Biz is basically for little kids, ten and under. I have been there and their monster shows - appeals to the real little ones. think the orientation is for little kids. My orientation is more for the Tom Foolerly, if you are familiar with that. It is more of a sit down full service restaurant. Norman Waterman, 631 Wright Avenue: It seems like everytime we come up here these people change the names of the restaurants they are going to follow. Have they changed their minds about having a liquor license. Sandy Bierman.- We have not changed our minds about the restaurant /�, game room. We are not requesting from the Council a liquor license and we have not addressed the liquor license, and this has been our previous response. Councilman Schmidt: I wonder if it would be wise to hear from one of our supervisors from the Police Department as to whether or not they have had any problems with the two existing electronic game places. Warren Heine, Deputy Chief: As you know we have two locations in Elgin. One is downtown and one on West Chicago, they are both the arcade type locations. To date we have experienced minimal, and stress minimal problems with these establishments. We have not had significant police problems at all at either of these locations. Councilman Kirkland: I think I have some difficulty like some of the people out there with the proximity of this establishment to the high school. Probably the situation is better on the west side where there is a few blocks in between and I understand your concern about the sidewalks and I don't know the answer to that. Neither of those concerns are enough to make me vote against this as a business enterprise and in somewhat twisted logic perhaps, if kids are going to stay out of school to go to a place like that I would rather have the place right next to the high school and then they would be easy to find. VOLUME XLVII 225 There were some points raised in the transcript which were well taken but they are not enough to make me vote against it. Councilman Hansen made a motion, seconded by Councilwoman Nelson, to approve Petition 3 -82. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE TO PROVIDE FOR BUS ONLY PARKING Councilman Hansen made a motion, seconded by Councilman Schmidt, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. 226 VOLUME XLVII Ordinance No. G30 -82 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE TO PROVIDE FOR BUS ONLY PARKING BE IT ORDAINED BY THE 'CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding the following: "11.36.085 Limited Parking Areas--Buses Only When signs are erected in each block giving notice thereof, no person shall park a vehicle, other than a school bus, within the districts or on any of the streets hereinafter set forth: North Grove Avenue, on the west side of the street, between Kimball and North Street. North Street, on the south side of the street, between North Grove Avenue and Brook Street." Section 2. That this ordinance shall be effective upon passage. s/ Donald E. Waters onacl ers",,,-Mayor Fro em Presented:_pr2$,�982 Passed: Apr `T - "2$, 1982 Vote: Yeas 6 Nays 0 Recorded:` Published;. Attest: Marie Yman Marie Yearman, City Cler RESOLUTION ADOPTED EXPRESSING INTENT TO MAKE CERTAIN LOCAL IMPROVEMENTS ON McLEAN BOULEVARD Councilman Kirkland made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. VOLUME XLV99 227 RESOLUTION EXPRESSING INTENT TO MAID; CERTAIN LOCAL IMPROVEMENTS: ON MCLEAN BOULEVARD WHEREAS, certain local improvements were recently made: to McLean Boulevard in the City of Elgin by special assessment; and WHEREAS, excluded from said local improvement was a portion of the west side of McLean Boulevard approximately from 310 North McLean Boulevard to 520 North McLean Boulevard; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to make certain local improvements to the west side of McLean Boulevard between and including 310 North McLean and 520 North McLean Boulevard; and WHEREAS, said local improvement could be paid for by special assessment upon the properties benefitted; and WHEREAS, the City Council of the City of Elgin desires to avoid a special assessment by entering into agreement with the owners of the real property against which such special assessment would be levied; and WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII, of the 1970 Illinois Constitution and is thereby authorized and empowered to exercise any power and perform any function pertaining to.its government and affairs; and WHEREAS, entering into agreement in lieu of special assessment with various property owners to provide for certain local improvements pertains to the government and affairs 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 determines that it is necessary and desirable to make certain local improvements to the west . side of McLean Boulevard between 310 North McLean and 520 North McLean Boulevard consisting of street resurfacing and pavement along with curb, gutter and sidewalk installations BE IT FURTHER RESOLVED that the City Council of the City of Elgin hereby expresses its intent to cause said local improvements to be made by special assessment or by agreement in lieu of special assessment with those owners of the real property which would be subject to such special assessment. BE IT FURTHER RESOLVED that the City Manager be and is hereby empowered and directed to negotiate with said property owners to enter into an agree- ment in lieu of special assessment to pay for said local improvement. sl Donald Waters DbfialU Waters:;;, yorr ro Tem. 228 Presented: April 28, 1982 Adopted: April 28, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea Marie Yearman, City Clerk VOLUME XLVII Councilwoman Nelson made a motion, seconded by Councilman Gilliam, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. t VOLUME XLV11 Ordinance No.. G23 -82 AN ORDINANCE AMENDING ARTICLE IV, ENTITLED "THE ADOPTION AND ADMINISTRATION OF POSITION CLASSIFICATION AND PAY PLANS" OF CHAPTER 6 OF THE CITY 'CODE (ORDINANCE N0: 5 -569, PASSED DECEMBER 23, 1955) AS PERTAINS TO THE COMPENSATION PLAN AND TO THE SCHEDULE OF STANDARD SALARY RANGES AND THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN, ILLINOIS, AS AMENDED WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved negotiated understandings reached by the City of Elgin's Wage and Benefit Committee and various Employee Relations Committees: and WHEREAS, the City of Elgin has agreed to implement a new schedule for Clerical /Technical employees as described herein, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby added to and forming a part of Article IV of Chapter 6 of the City Code (Ordinance No. 5 -569, passed December 23, 1955), as amended, the following amended schedule of standard salary ranges, forming the official salary plan which shall read as follows: OFFICIAL CLERICAL /TECHNICAL SALARY PLAN" Salary Range Position I II III IV V VI 30 S Building Inspector 1566 1626 1699 1771 1843 1927 Electrical Inspector Housing Inspector Permit Control Officer Sanitarian 26 S Building Operations Worker 1440 1504 1566 1626 1699 1771 25 S Programmer /Staff Aide 1415 1468 1531 1595 1,664 1737 24 S Purchasing Assistant 1382 1440 1504 1566 1626 1699 21 S Bailiff 1305 1360 1415 1468 1531 1595 Graphics Designer 19 S Account Technician 1254 1305 1360 1415 1468 1531 18 S Building Maintenance Worker 1220 1281 1328 1382 1440 1504 17 S1 Communications Operator 1201 1254 1305 1360 1415 1468 Community Service Officer 16 S Dispatcher 1178 1220 1281 1328 1382 1440 229 Salary Range Position I II III IV V VI 15 S Computer Operator 1148 1201 1254 1305 1360 1415 Office Utility Worker 14 S Custodial Worker 1130 1178 1220 1281 T328 1382 11 S Accounting Clerk Clerk Stenographer 9 S Secretary 7 S Customer Services Clerk Data Input Clerk Parking Control Officer Senior Clerk Typist 5 S Clerk Typist Switchboard Operator 2 S Records Clerk' 1065 1105 1148 1201 1254 1305 1020 1065 1105 1148 1201 1254 979 1020 1065 11`05 1148 1201 939 979 1020 1065 1105 1148 887 926 960 1006 1038" 1086 Section 2. That effective June 27, 1982, the official salary plan shall be amended by increasing all salary ranges one and one - quarter percent (1 1/4 %). Section 3. That effective December 26, 1982, the official salary plan shall be amended by increasing all salary ranges seven percent (7 %). Section 4. That effective December 25, 1983, the official salary plan shall be amended by increasing all salary ranges five and one - -half percent (5 1/2 %). Section 5. That all other salary ranges in the ' °S' schedule' of standard salary ranges be and are hereby amended accordingly and that the City Manager is hereby authorized and directed to prepare the appropriate schedules reflecting the foregoing amendments to salary ranges of the City of Elgin. Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7.' That this ordinance shall be in full force and effect as of April 18, 1982. i VOLUME XLVII Presented: April 28 1982 Passed: April 2A, 1982 Vote: Yeas 6 Nays 0 Recorded. Published: Attest: s/ Marie Yea man Marie Yearman, City Clerk 231 s/ Donald E. Waters a1 d ;e s _Mayor Pro I Ein RESOLUTION ADOPTED RATIFYING AND AOTHORIZING EXECUTION OF AGREE- MENT WITH CLERICAL TECHNICAL EFIPLTYEE GROUP Councilwoman Nelson made a motion, seconded by Councilman Gilliam, to adopt the aforementioned resolution, yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. 232 VOLUME XLVII RESOLUTION RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH' CLERICAL /TECHNICAL EMPLOYEE GROUP WHEREAS, representatives of the City of Elgin and representatives of the Clerical /Technical Employee Group have met and discussed wages,.fringe benefits and other working conditions; and WHEREAS, said representatives have submitted for review and approval by the City Council an agreement pertaining to such matters; and WHEREAS, the City Council has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and the affected employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the proposed agree- ment by the City of Elgin and the Clerical /Technical Employee Group, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute said agreement on behalf of the City of Elgin. s/ Donald E. Waters ;Waters, Mayor Pro Tem Presented: April. 28, 1982: Adopted: April 28, 1982 Vote: Yeas 6 Nays 0 Recorded: 9ttest: cu�t� �tsVYl�'(tr S/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED PROHIBITING RIGHT TURN ON RED SIGNAL 0 MCLEAN BOULEVARD AT WING STREET Councilwoman Nelson made a motion, seconded by Councilman Hansen, to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. VOLUME XLVII 233 Ordinance No. G31 -82 AN ORDINANCE PROHIBITING RIGHT TURN ON RED SIGNAL ON McLEAN BOULEVARD AT WING STREET BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.20 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by adding to the list of designated places where right turns are prohibited against a steady red signal under Section 11.20.060C(4) the following: Northbound on McLean Boulevard turning east onto Wing 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 in the manner provided by law and shall be published in pamphlet form by authority of the City Council. s/ Donald E. Waters -Dona[ E.` Wa- ers,, ayor ro em Presented: April 28, 1982 Passed: April 28, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: "&—A-.a�J s/ Marie Y rman Marie Yearman, City Clerk ION ADOPTED AUTHORIZING THE EXECUTION Councilman Gilliam made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. 234 VOLUME XLVII RESOLUTION AUTHORIZING THE EXECUTION OF EXCLUSIVE SALES AGREEMENTS WITH THE ELGIN BOARD OF REALTORS FOR CERTAIN PROPERTY LOCATED AT 1231 LARKIN AVENUE WHEREAS,,the City of Elgin is the owner of certain real property located in the City of Elgin, and legally described hereafter, commonly known as 1231 Larkin Avenue; and WHEREAS,. the City of Elgin has heretofore offered said property for sale and published and invitation to bid; and . WHEREAS, no .bids were received; and WHEREAS, said property is surplus property and not needed for public purposes; 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; and WHEREAS, the disposition of surplus property is a matter within the government and affairs of the City of Elgin; and WHEREAS, it is necessary and desirable to enter into an exclusive sales agreement for said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that in the exercise of its home rule power that Leo' Nelson, City Manager, and Marie Yearman, City Clerk, be and are hereby respectively authorized and directed to execute exclusive sales agree- ments for the property commonly known as 1231 Larkin Avenue; Elgin, Kane County, Illinois, and legally described as Lots 1 and 2 in the Huber Sub- division, copies of which are attached hereto and made a part hereof by reference,- s/ Donald E. Waters 76 a !_ ., :,.aters :,. .ayor Pro Tem Presented: April 28, 1982 Adopted: April 28, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, ity ler RESOLUTION ADOPTED APPOINTING Councilman Gilliam made a motion, seconded by Councilman Schmidt, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. s` VOLUME XLVII RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND CObMISSIONS 235 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Keith Miller be and is hereby reappointed as a member of the Board of Fire and Police Commissioners for a term to expire May 1, 1985. BE IT FURTHER RESOLVED that William Yearman be and is hereby re- appointed as a member of the Board of Examiners -- Stationary Engineers for a term to expire May 1, 1983. BE IT FURTHER RESOLVED that Eber D. Jernberg be and is hereby re- appointed as a member of the Civil Service Commission for a term to expire May 1, 1984. BE IT FURTHER RESOLVED that Harvey Saxe be and is hereby reappointed as a member of the Civil Service Commission for a term to expire May 1, 1985. -- BE IT FURTHER RESOLVED that Sara Daniel be and is hereby reappointed as a member of the Human Relations Commission for a, term to expire May 1, 1985. BE IT FURTHER RESOLVED that Lee Miller be and is hereby reappointed as a member of the Human Relations Commission for a term to expire May 1, 1985. BE IT FURTHER RESOLVED that Lee Plasmier be and is hereby reappointed as a member of the Human Relations Commission for a term to expire May 1,' 1984. BE IT FURTHER RESOLVED that Pem Shelby be and is hereby reappointed as a member of the Human Relations Commission for a term to expire May 1, 1985. s/ Donald E. Waters Donald a ers; Mayor Pro lem Presented: April 28, 1982 Adopted: April 2 , 19132 Vote: Yeas 6 Nays 0 Recorded: ��Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING Councilman Kirkland made a motion, seconded by to adopt the aforementioned resolution. Yeas: Hansen, Kirkland, Nelson, Schmidt and Mayor Pro None. . 6 Councilwoman Nelson, Councilmen Gilliam, Tem Waters. Nays: 236 RESOLUTION APPROVING CHANGE ORDER NO. 6 IN THE CONTRACT WITH LAMP, INC. FOR CONSTRUCTION OF A PARKING FACILITY VOLUME XLVII 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 6 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 author- ized and directed to execute Change Order Number 6, a copy of which is attached hereto and made a part hereof by reference. s/ Donald E. Waters rp nal U-7::'1'7_S T..., m Presented: April 28 1982 Adopted: April 26,,1982 Vote: Yeas 6 Nays o Recorded: Attest: s/ Marie Y arman Marie Yearman, City Cler Councilman Gilliam made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution, Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, and Mayor Pro Tem Waters. Nays: None. VOLUME XLVII 237 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 Fox Trot ", a ten (10) miles marathan race within the city limits of Elgin, on Monday, May 31, 1982, 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/ Donald E. Waters ' Donafi d— E-"PIa eTs, playul P u Tem- Presented: April 28, 1982 Adopted: April 28, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk MOTION TO RE Councilwoman Nelson made a motion, seconded by Councilman Hansen, to re- schedule the May 12, 1982, Council Meeting, to May 13, 1982, at 8:00 p.m. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, _'and Mayor Pro Tem Waters. Nays: None. 238 VOLUME XLVII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS - United Diesel Service General Motors Bruce Municipal Equipment Streeter Amet T °Shirt.Maker Bus ¢#8091 repairs. Stock parts for buses Sanitation Truck #275 Portable Traffic Counters Engineering Dept. Fox Valley Trot E $ 4011.99 1631.32 3327.53 3185.50 2760.00 Soccer Enterprises Shirts for Soccer Program 1806.00 Councilman Gilliam made a motion, seconded by Councilman Kirkland, to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Spring Street Park Deck, Income & Expense for March, 1982 Parking Lot Revenue 4/1/81 through 3 /31/82 Parking Lot Revenue 3 /1/81 through 2/28/81, Transportation Operations Report, March, 1982 Cemetery Report, March, 1982 City Traffic Committee Minutes 4/1/82 Budget Summary Elgin Fire Department 1981 Annual Report Councilman Gilliam made a motion, seconded by Councilman_ Kirkland, to place the above reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and.Mayor Pro Tem Waters. Nays: None. ANNOUNCEMENTS Mayor Pro Tem Waters made announcements relative to forthcoming meetings. ADJOURNMENT OF COUNCIL MEETING AND RESU PTION OF T E CO MITTEE OF THE WHOLE EETING Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to adjourn the Elgin City Council Meeting and resume the Committee of the Whole Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Pro Tem Waters. Nays: None. The Council meeting was pa,,djourned at 8;50 p.m. B -d�ri r O I L .late J, A.* Marie vearma c-ity EiTC VOLUME XLVII May 13, 1982 239 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, 1982, at 8020 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 Hansen. ROLL CALL Roll call was answered by Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent: Councilman Gilliam. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE APRIL 28, 1982 COUNCIL MEETMG APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Schmidt, l to approve the April 28, 1982 Council Minutes as published. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None.' COMMUNICATIONS Petition submitted by the residents of South Country Knolls relative to the use of the Larkin field for baseball. Mayor Verbic: We do all-have the petition submitted by the residents of South Country Knolls relative to the use of the Larkin fiell'd for baseball. Is there a spokesman for the people who would like to make a statement. Bill Vance: I am a signer of the petition and a resident of South Country Knolls. We are basically here to present some complaints which are the result of activities on the field. We are here to ask for your guidance and support in dealing with these problems. We feel that they are problems which should not have to deal with as residents. We have tried dealing with the people involved on a one to one basis and we are ridculed and chastised verbally for doing this. We have to clean up the refuse left behind, our gardens and yards are constantly being ravaged by players coming in. We have a couple of suggestions and we would like to know your opinion on how feasible these are and perhaps if there is a more appropriate place for us to sound these complaints. One of the problems in my opinion is that there does not seem 240 VOLUME XLVII to be any rule in the softball rules that regarding what happens to a ball when it goes into a private residence.. Those of us who have yards that are facing the field have to deal with players that come in, it's not the ball that does the damage, it's the players coming.into the yards, and they come in with a vengeance. We have nothing against softball, I am a player myself. The problem is that the players seem to have more interest in chasing the ball than they do in the damage that they might be doing to a garden, flower bed, trees, or sc'rubs:. It seems to me this problem could be addressed in two ways. One, any ball entering a private residence becomes a dead ball. There is a ground rule, double rule in most baseball situations that I am aware of, if a ball goes out of play, it becomes a ground rule double. Many of these people on this petition have been long time residents of this area. When they bought their homes this was a school yard and not a public park facility. On one occasion in -a forty -five minute period I counted fourteen balls coming into my garden and then of course at least fourteen, if not more, players retriving them. We have had players urinating in our yards and I have found human fecal matter in my back yard. These kinds of things we don't feel are appropriate and we would like some guidance and support in dealing with these problems. Leo Nelson; I think we need to understand first of all that a lot of the activity that I think the petitioners are referring to and judging from the date on the petition, occurred before our league play started. The point is that a lot of the activity there and the tournament that took place last weekend is not conducted under the auspices, or the sponsorship of the City of Elgin. It is public land, owned and controlled by School District U -46 and when I saw this petition I called Dr. Wiggall to advise him the petition was coming before the City Council and I told him if the School Di'stri'ct or School Board decided that they wanted to post that property, restricting it to certain hours, we would be pleased to cooperate with them in policing that area. Phil Bennett: The one field that he is referring to faces private property, I'm sorry I believe there are two fields that face private property and up until very recently we had not felt that we had a problem there, we had received no ,complaints. We are very much in sympathy with the neighbors, they have to live there. To the best of my knowledge we do not have a ground rule double rule, but there is no reason we could not institute one, that certainly is reasonable. Vic Masi has indicated to the neighbors that we would be most happy to cooperate in any way we can during our events. He indicated to them that if the neighbors would give us a uniform "" VOLUME XLVII 241 color, the time and the date, we would easily be able to identify the team and we have indicated to the teams that the first time they have violated one of our rules and regulations, which have a great deal to do with the neighbor's property, they would be fined $25.00. The second time they would be out of the league. Bill Vance: Rather than take up the Council's time, would it be possible for us as a group of neighborhood citizens to meet with representatives from the School Board and the Park's System, so that we could discuss this problem and really get down to the details of the situation. Leo Nelson: If you are going to be the person to contact and if you would give your name and address to Phil, we would be glad to sit down with U -46 people and our people and you as residents, and try to work out some sort of a solution to the problem. Mayor Verbic: I think that the meeting which has been suggested will be very helpful in solving some of these problems. I think that a lot of these things that have been brought up will be addressed and eliminated. Councilman Waters: I support the idea of having the meeting with the neighborhood residents and I would suggest to Phil that we take some initiative with that. I would suggest that perhaps the homes, the individuals and the residents who are effected by this be identified and a communication sent to those people indicating your concern for their problem and what response you are prepared to make and what the rules and regulations are, and I think inform them of the distinction between the City's role in the program and U -46's role and perhaps use that as a stimulus for a meeting with the neighborhood group. I would appreciate it if we could have some feedback to the Council after that meeting has been held. Councilman Hansen: I would echo Councilman Waters' feelings and would be sympathetic to instituting some no parking during those hours. Councilman Schmidt: I really would like to have this whole matter brought back to the Council to see just what steps have been taken or are going to be taken. Illinois Environmental Protection A enc Mayor Verbic: I do have a plaque from the Illinois Environmental Protection Agency, it's a certificate of commendation to the City of Elgin in recognition of your contribution towards protecting public health in 1982. you have provided safe drinking water which has met or exceeded the water quality standards set forth in the safe drinking water act and have exh1bited exemplary performance in meeting or exceeding all sampling requirements. This is signed by the Director, Richard Johnson and by the Manager of the Dividion of Public Water Supply and I am going to have the Manager turn this over to the head of the Water Department. 242 VOLUME -XLVII BID AWARDED FOR VARIOUS STREET NAMES AND TRAFFIC SIGN FACES Councilman Waters made a motion, seconded by Councilman Schmidt, to award the bid for various street names and traffic sign faces to the low bidder, Vulcan Signs, for a total of $3,366.51. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt; Waters and Mayor Verbic. Nays: None. BID AWARDED FOR PAVEMENT MARKING PAINT Councilman Hansen made a motion, seconded by Councilwoman Nelson, to award the bid for pavement marking paint to the low bidder, Ennis Paint Mfg. Company, for a total of $1,659.00. Yeas, Councilmen Hansen, Kirkland ,Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH OAK CREST RESIDENCE ASSOCIATION Jim Krambeer, 562 N. Alfrede A lot of negative things have been said about this and I really think it is a good idea. I know that a lot of people disagree with the fact that they have not been informed about the relocation yet, but this is at a preplanning stage, so there is really no need to contact these people until something has been planned. Marian Rogness: I am a member of Fire and Rain and a staff leader at the Peer Leaders United Movement and I think I have a rather central question that I would like to ask. I would like to know if there is some humanitarian reason behind the desire to relocate the people from the Hotel Douglas and if not what sort of reason is there. Would there not be some other place that could possibly be used as a senior center and what actually is the justification for making this move. Has it to do with the feeling that the ex- mental patients who are at the Hotel Douglas are not getting as good housing and general care as they might have elsewhere, what is assumed to be the actual justification for this activity. Leo Nelson: I think in the earlier discussion the reality is and I am told this and l will stand to be corrected, but my most recent discussions with the owners of that property is that they will not lease that property again for the purpose for which it is being used today. The lease is going to run out at the end of 1984. The point is the 202 funds are available now. We don't know if there are going to be such things as 202 funds in 1984, these projects typically take a great deal of time and it was because of the attitude of the owners, some of the desires of the downtown businessmen and working some arrangements out with the Oak Crest Association, that we decided to proceed with the 202 project in cooperation with Oak Crest. VOLUME XLVII 243 So whether it is a matter of these people being relocated in 1983 or 1984, the reality is it's probably going to happen in one year or the other. This is a pre - application, the likehood of our getting these funds are probably not in our favor, so we don't feel that we should be setting up the mechanism right now and be in contact and start holding meetings about re- locating these people when the project may never happen. There is no reality at this point, except the Council may authorize an agreement with Oak Crest to file an application, that is the reality of today. Who knows if that application is going to be approved and when it is there will be plenty of time to set up the re- location mechanism, including meetings with these people. George Balsamo: I am a member of Fire and Rain and also a resident of South Elgin. I have lived here all my life and before the Mall was built I had no idea that there was much of anything going on at the Hotel Douglas. As far as I am concerned the business community is making a scapegoat out of these people. In fact none of :you had any idea just how many people were ex- mental patients and apparently there were fewer than you perceived. The downtown area problems are not ex- mental patients, it's bad planning. It has been unsuccessful at best and a cosmic joke at worst. The business community has not adequately dealt with the fact that it is no longer the only place within twenty miles to do your major shopping any more. Jean Persons: I am from Peer Leaders United Movement at the Elgin Mental Health Center. First of all I really take issue with this thing of saying that we seem to be so premature to be here and arguing some of the things that we are arguing this evening. If you really want to look at the bottom line that is like saying lets start the ball rolling down niagara falls and then act like it is not going to go over. To say that we will assist these people in finding,:new;,homes, we will assist these people in relocating, that to me just reeks of the continuing community attitude of a great need for paternalism to ex- mental patients. Paternalism is not what is needed, you would not need somebody to help you relocate and they would not necessarily need someone to help them relocate. If and when 1984 arrives and the lease is up then that is their decision at that time. We have no right to take that decision away from them. I also find it very difficult to sit here and have a minister say a opening prayer in which we talk about ridding our hearts of prejudice, being open to people who are of differing talents and then we sit here tonight and make the initial arrangements to move people out of their homes because they make Elgin have a poor image. I just don't agree that is where Elgin gets all of it's poor image. 244 VOLUME XLVII Leo Nelson: I missed your point in the sense that we are taking F anything away from these people. if they want to seek their own relocation they are certainly welcome.to, we are not forcing that on them, we are only offering the service and this is what thought most of the people here were asking. You say that at the end of 1984 if nothing happens they are free to go and seek their own new quarters. They are free to do that now and they are free to do it if this application is successful, we are not taking anything away from any body. Councilman Hansen: The City of Elgin is not in the business of delivering mental health care. We are not really in the business of delivering any kind of health care. This is the responsibility of the State of Illinois that has taken it upon itself and I don't know if it does a good or bad job of it. We are offering the services of our Human Relations Department and I think the Fox Valley Mental Health Center has stepped forward and offered their services. Jean Persons: Why is the assumption made that those who live in the Douglas Hotel need mental health care any more than any of you on the Council need it. That is making a big assumption about the people who live there. Councilman Kirkland: Whether it is justified or not the image of the Douglas Hotel is bad. I work down a half of block from it, I am a man, it does not bother me, I don't have the problems that a lot of people do. I know women do, I know a lot of women have problems with the image of the Douglas Hotel, have problems with the fear factor, have problems with the difference factor and it's too bad. That image rubs off on the downtown and I guess I cannot sit here and deny that is not one of the motives behind the reason we are looking at this project. Two people got up here tonight, one a person who said,l think they lived in the Douglas Hotel, and another who is involved in'JPLUM ", one said it is the pits and another said something derogatory about the hotel. When you say it is a scapegoat, when you say it is ignorance, 1 think to a large extent you are right, but the fact of the matter is there is a bad image problem with that hotel that is rubbing off on the downtown. am going to vote for this tonight and among the things that think will justify it, if it goes through, if the facility is improved, many of those people will return to an upgraded facility. If the lease is not renewed in 1984 and we have passed up the opportunity which we may have to improve the facility that is something we are going to lose also. These decisions are not always easy to make and I still think this is a preliminary decision. VOLUME XLVII 245 Mr. Zema: The image of the building could be a lot better if the people who owned the building would do the improvements that they were supposed to over the ten years that they had a lease with my folks. They never did, they never put new doors in, they promised a lot of things and these great people that owned that building as far as I am concerned are the ones that are sitting here saying we don't want the ex- patient downtown. was at a meeting where two people who owned the building said we will not renew your lease because we don't want those individuals in the building and that is the fact of the matter. The articles coming out in the paper, you are talking about people being transit boarders, they are not transit they have long residences, they have leases, they are not people that pop in and out and go around harassing the business people. Councilman Waters: May I suggest to the Council that we have digressed from addressing the issue that is before us this evening and the information that is being provided is no longer revelent to what we are trying to decide this evening and is redundant to what we have heard earlier in public session. I personally am prepared and ready to vote and I would ask that the question be called. 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. 246 VOLUME XLVII RESOLUTION AUTHORIZING AN AGREEMENT WITH OAK CREST RESIDENCE ASSOCIATION WHEREAS, the Oak Crest Residence Association, an Illinois not -for- profit corporation, desires to acquire: certain real property located within the City of Elgin, Illinois, located at 156 Division Street for rehabilita- tion and conversion into low income elderly housing; and WHEREAS, Oak Crest Residence Association, an Illinois not- for - profit corporation, intends to seek a Section 202 loan under the Housing Act of 1959 from the Federal Department of Housing and Urban Development for such purposes and for Section 8 housing subsidies; and WHEREAS, in order to make application Oak Crest Residence Association, an Illinois not - for - profit corporation, is required to control the subject property; and WHEREAS, the City of Elgin is a home rule unit within the meaning of the Constitution of 1970 empowered to exercise any power and perform any function relating to its government and affairs; and WHEREAS, the provision of suitable housing for the low income elderly residents of the City of Elgin is a public purpose and within the government and affairs 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, on behalf of the City of Elgin, an agreement with the Oak Crest Residence Association, an Illinois not- for - profit corporation, a copy of which is attached hereto and made a part hereof by reference. S/ Richard L. Verbic RiEHard L. Verbic, Mayor Presented: May 13, 1982 Adopted: May 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye4man / Marie Yearman, City Cler RESOLUTION ADOPTED ACCEPTING PLAT OF EASEMENT 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. VOLUME XLVII RESOLUTION ACCEPTING PLAT OF EASEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plat of easement prepared by Howard A. Meadows, an Illinois Land Surveyor, and dated March 29, 1982, for sewer and water purposes on the property located adjacent to 830 -850 Summit Street, and legally described as follows: An easement 55 feet wide across part of the South half of the Southwest quarter of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, the center line of which is described as follows: Commencing at the Northeast corner of Lord's Park, being the Northwest corner of the East half of the Northwest quarter of Section 18, Township and Range aforesaid; thence North 2 degrees 00 minutes East along the line between lands of Starrett and Walbaum, 1322.0 feet to a line 25.0 feet South of the North line of the South half of the Southwest quarter of said Section 7; thence South 88 degrees 00 minutes West along said parallel line 521.82 feet; thence South 2 degrees 00 minutes West parallel with the line between the lands of Starrett and Walbaum 169.5 feet for the place of beginning of said center line of said 55 foot wide easement; thence continuing South 2 degrees 00 minutes West along said parallel line 480.0 feet to the Northerly right of way line of State Route 58 for the terminus - of said center line of said 55 foot wide easement. Being situated in the City of Elgin, Cook County, Illinois. BE IT FURTHER RESOLVED tha t and directed to cause said plat of Deeds, Cook County, Illinois. Presented: May 13, 1982 Adopted: May 13, 1982 Vote: Yeas 6 Nays 0 Recorded:. Attest: g s/ MariL ey aran rie Barman, City Clerk TION the City Clerk be and is hereby authorized of easement to be filed with the Recorder s/ Richard L. Verbic Richard L. er ic, Mayor AN EASEMENT 247 Councilwoman Nelson made a motion, seconded by Councilmsn Hansen, to adopt the aforementioned resolution. Yeas - Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 248 RESOLUTION ACCEPTING AN EASEMENT AGREEMENT 1LVOMUMAWY Is BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts an easement agreement from Northern Illinois Gas Company for the construction and maintenance of a watermain, a copy of which is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. Presented: May 13, 1982 Adopted: May 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s / Marie YeaN-ma n ei =a s / rie earman, City Clerk s/ Richard L. Verbic Richard E. Ver ic, Mayor ADOPTED AUTHORIZ Roger Dahlstrom: There has been some misunderstanding about the Crocker Theatre in terms of.some people's perception of what our approach was to be. The project was to have basically two elements, the first element being a series of analyse: That element would contain three parts, the first would be a feasibility analysis of the market potential for a theatre operation in the downtown. That would probably be done through contact with some theatre operators to find out what type of a consulting firm would be used to determine if there is a market for such a project. Assuming that there is a market and that the market could be handled to some extent by renovation of the Chrocker as a theatre, the other two elements of analyse would involve an appraisal of the property to determine it's fair market value and also the third element would be an architectural analysis to determine the rehabilitation costs to bring the building up to basic code and perhaps improve it to the point where it would be attractive again as a theatre. Assuming that those three analyses all proved that there would be some reason to expect a reasonably good response, the final major element would be acquisition of the property. Once the property was acquired then the City would not have any further financial involvement but would pass the theatre on in the form of a request for proposal to a number of potential theatre operators. VOLUME XLVII 249 The request for proposal would include one primary inducement and that would be some write down of the acquisition cost. The minimum amount of the write down to the cost would be an equi- valent to the cost of rehabilitation of the structure based upon the architectural analysis, and the reason for that is recently Congress passed the economic recovery tax act and a part of that act states that there are a number of incentives built into this act for the rehabilitation of commercial and industrial structures. The major test that must be passed is that of a rehabilitation standard and what that means is the owner of a building to participate in the act and it's benefits has to include in his rehabilitation effort an,'amount in re- habilitation that equals the adjusted basis of the property. The adjusted basis of the property in this case, since we are talking about a new owner, would be the cost of purchase. So what we would do is write down the cost of the building to the point that cost to the potential operator would equal his estimated rehabilitation cost based on the architectual analysis. If that were accomplished we would receive some funds back in the sale of the property to this potential operator. We cannot say that those funds would equal the cost of acquisition, they probably would not, but we would have to write the costs down to some extent in order to allow the potential operator_ =to take advantage of the economic recovery act. Councilman Schmidt: Roger, how would this analysis be made and who would make it. Roger Dahlstrom: The first part of it, the marketability analysis would be done by an outside firm, again it would be someone who was recommended to us by theatre operators, someone they use. The architectural analysis would also probably be done by a local architect to try to determine what costs would be incurred in rehabilitation of the structure. Councilman Schmidt: I feel that when someone is interested in coming with some type of business into a town, whether it be my type of business or grocery store, the person that would be interested in buying that piece of property would make his own analysis. Why do we have to do it. Roger Dahlstrom: In all likelihood they would. They would not accept our analysis, most theatre operators work through their own marketing people and they would probably follow our analysis with their own. The only reason we would do that is that we would not want to invest any other funds until we had some reason to expect that the project was a workable project, so we would want to have some idea ourselves before we expended any further funds, of whether or not it was actually feasible. Councilman Schmidt: Would'nt it make more sense to let this other party spend his money rather than we spend it. 250 VOLUME XLVII Roger Dahlstrom: If you had some interested people that would be true but I don't know that at present there are a lot of interested people in it. Councilman Kirkland: How much money are you talking about. Roger Dahlstrom: On the analyses, I don't think I would be qualified to say how much the marketing study would be, we would obviously try to keep it to a minimum. I would think maybe something like $1000.00 to $2000.00, hopefully no more than that. The appraisal would probably cost us something on the order of $400.00 to $500.00,an architectural analysis maybe a thousand or so and I am just guessing on those. Councilman Hansen: It was my understanding of weeks ago that we were not in 'favor of putting but we did not object to you spending a little hensive planning and management money to inves theatre. Now is what we are voting on tonight that. a discussion two the $100,000 in of your compre- tigate the Crocker a departure from Roger Dahlstrom: It was the staff's understanding that if you were to keep the budget as you discussed it last time and exclude the acquisition portion of the Chrocker, we did'nt necessarily get a feel from the Council that you did not want us to go ahead with the analyses portion of it, and we would like some direction on that tonight. If you choose to keep the budget as it is and not include the Crocker as an acquisition project, we would want some indication from you as to whether or not you would like us to go ahead with the analyses portion. The difference would be that we would then time the analysis later on in the year because we would want that analysis to be fresh going into another block grant year, whether it would be perhaps the potential for acquisition funds for the Crocker. Councilman Hansen: I will repeat my statement of two weeks ago. would be concerned about committing any money to this project until you had an operator. Councilman Kirkland: I think that when you state that as-a., condition, I think that is a condition that we all have always agreed with. 1 don't think we are talking about using acquisition money until we have an interested buyer. Councilman Waters: It seems to me there are two conditions to this. The first condition is that there is some seed money being asked for to interest a potential buyer for this property. I am talking about the marketing study that you are asking for and the architectural analysis. That is seed money to try and produce a package which would attract a purchaser of the property. If it is a go project from those two analysis, then you would ask for proposals, you would request the proposals. So what we are talking about in terms of the need for money out of block grant funds is that seed money for the market analysis and the archi- tectural analysis. VOLUME XLVII Roger Dahlstrom: You basically have three options with this. You can choose not to include any money for the project in any way. You can choose to include the money for the analyses, in which case we would perform those out of the comprehensive planning funds. The third option is that you can provide us with funds to carry out the analyses and fund it to the extent that we could actually then make the purchase and carry out the project in one movement in one block grant funding cycle. Councilman Schmidt: How much will the analyses cost. 251 Roger Dahlstrom: We would probably spend something on the order of $4500.00 to $6000.00, and that could come out of comprehensive planning money. We feel it is better to spend $6000.00 and find out that there is no potential for it than to get in with anything else. Councilman Hansen: You made mention of a feature of this thing for the first time tonight which bothers me. It is a write down, that is a different way of saying subsidy and 1 am not in the movie theatre business at all, but I think that if I was I would have to have one heck of a big write down if I was going to go in and operate the Chrocker theatre. am all for voting for the committee's budget as is, and if Roger wants to spend a little money out of the comprehensive planning of $100,000, that's fine, but I am not at all in favor of voting for $100,000 for this thing. Mayor Verbic: 1 would like to see this on the public rolls because of the fact that so much property is now in our hands. I would hopefully wish that someone would be interested and would look at the cost factor and everything else involved as far as rehabilitation with a minimal amount of money out front as far as we are going to expend. I don't approve of putting the money aside for acquisition. Councilman Waters made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Councilman Hansen: Now I will make a motion that we adopt the budget recommendations of the HCD Hearing Committee. Councilman Kirkland seconded said motion. Yeas: Councilmen Hansen, Kirkland, Nelson Schmidt Waters and Mayor Verbic. Nays: None. 252 VOLUME XLVII RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT UNDER THE HOUSING AND Ca44UNITY 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 elected officials to determine the community 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 slum and blight, and housing and neighborhood deterioration may be determined. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That a submission be made to the Department of Housing and Urban Development for a grant in the amount of Seven Hundred Fifty - Seven Thousand Eight Hundred and Ninety -One Dollars ($757,891). Section 2. That the City Manager is hereby authorized and directed to execute and file such submission with the Department of Housing and Urban Development and to provide additional information and 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 Ri' ar L. Verbic, Mayor Presented: May 13, 1982 Adopted May 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION PROVIDING FOR THE PAYMENT OF EMPLOYEE CONTRIBUTIONS TO THE IMRF BY THE CITY OF ELGIN Councilwoman Nelson made a motion, seconded by Councilman Waters, to adopt the aforementioned resolution. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII RESOLUTION PROVIDING FOR THE PAYMENT OF EMPLOYEE CONTRIBUTIONS TO THE IMRF BY THE CITY OF ELGIN WHEREAS, the City of Elgin is a participating municipality for the purposes of the Illinois Municipal Retirement Fund (DNRF); and WHEREAS, Ill. Rev. Stat -;, 1981, Ch. 10829 par. 7 -173.2 permits a participating municipality to pay the employee contributions to the IMRF; and WHEREAS, the United States Internal Revenue Service, 'in a ruling dated October 14, 1981, has ruled that pursuant to paragraph 414(h) of the Internal Revenue Code employee contributions paid by a participating municipality are not included in the gross income of the employees until distributed as a retirement pension, refund, annuity or other benefit; and WHEREAS, the City Council of the City of Elgin has determined that it is desirable and beneficial that the payments required to be made to the BVIRF as employee contributions should be made by the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that employee contributions to the Illinois Municipal Retirement Fund shall be paid by the City of Elgin on behalf of all of the employees enrolled in the Fund; BE IT FURTHER RESOLVED that the payment shall be made by reducing the amount of the gross earnings payable to employees by the amount of the contributions and making payment of this amount directly to the Fund; BE IT FURTHER RESOLVED that the payment of employee contributions provided shall be effective for all compensation paid to employees beginning with July, 1982. s/ Richard L. Verbic RiTiard L. er ic, yor Presented: May 13, 1982 Adopted: May 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yeaan Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR AN AMUSEMENT ESTABLISHMENT AT 970 VILLA STREET Councilwoman Nelson made a motion, seconded by Councilman :raters, to pass the aforementioned ordinance. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 253 254 VOLUME XLVII Ordinance No. G32 -82 AN ORDINANCE GRANTING A SPECIAL USE FOR AN AMUSEMENT ESTABLISHMENT AT 970 VILLA STREET WHEREAS, written application has been made for a special use for the establishment, maintenance and operation of an amusement establishment and restaurant at 970 Villa Street; and 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 a part hereof by reference as Exhibit A. Section 2. That a special use for an amusement establishment at 970 Villa Street, Elgin, Illinois, legally described as follows: That part of the North half of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at a point on the North and South center line of said Section 19, 1695 feet South of the North line of said Section 19; thence South 36 degrees 11 minutes 11 seconds West 159.30 feet; thence South 53 degrees 48 minutes 49 seconds East parallel with the center line of Villa Street, also known as U.S. Route No. 20, a distance of 60.0 feet for the Place of Beginning. Thence South 36 degrees 11 minutes 11 seconds West perpendicular to said Villa Street, a distance of 320.0 feet to the center line of said Villa Street; thence South 53 degrees 48 minutes 49 seconds East along said center line 372.45 feet to a point that is on the Southerly extension of the Westerly right of way of a public street recorded in Cook County on June 3, 1971 as Document No. 21499006; thence North 31 degrees 09 minutes 33 seconds East along said Westerly right of way, a distance of 321.24 feet; thence North 53 degrees 48 minutes 49 seconds West, parallel with the center line of said Villa Street, a distance of 344.30 feet to the point of beginning, containing 2.633 acres more or less, in the City of Elgin, Hanover Township, Cook County, Illinois. be and is hereby granted subject to the following conditions: 1. The electronic game center activities shall not occupy more than 50% of the gross floor area of the existing structure or 2,250 square feet.-'-The remaining-area shall be occupied `and-main- tailed as d =.restaurant, whichever is less. 2. The use shall be subject to the following operating rules and regulations: a. No loitering shall be permitted on the premises. VOLUME XLVII b. No gambling on the outcome of games shall be per- mitted. c. No food or drinks shall be permitted in the game room area. d. No persons under the age of 16 years on the premises during school hours unless accompanied by a parent or legal guardian. For purposes of this condition school hours shall mean between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday, from September 1 until June 15. e. Parking area shall be supervised by a professional security service. f. Adult staff shall be present on the premises during all hours of operation. g. Hours of operation shall be limited as follows: Monday through Thursday Friday and Saturday Sunday 11:00 a.m. - 12:00 a.m. 11:00 a.m. - 1:00 a.m. 12:00 p.m. - 12:00 a.m. 3. A landscaped curb island shall be installed within 60 days along the northerly property line of the subject property. 4. Parking lot shall be improved to include screening and land- scaping as required by applicable ordinances. S. 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 Richard L. Verbic, Mayor Presented: May 13, 1982 Passed: May 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk 255 256 VOLUME XLVII RESOLUTION ADOPTED FOR MAINTENANCE (T 'STREETS AND HIGHWAYS BY "MUNICI- PA ITY UNDER THE ILLINOIS HIGHWAY CODE Councilman Hansen made a motion, seconded by Councilwoman Nelson, to adopt the aforementioned resolution. Yeas Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING AN' E EN WITH THE CENTRAL 'ELGIN CORPORATION Councilman Waters made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Mayor Verbic: In looking over this agreement I find that in paragraph 3 it provides that funds raised by C.E.C. through voluntary contributions are to exceed $50,000, is this correct. Leo Nelson This is not correct. The maximum amount that the city shall be liable for is $25,000. Councilman Kirkland made a motion, seconded by Councilman Waters, to eliminate paragraph 3 from said agreement. Yeas: Councilmen Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays : None. Present: Councilman Hansen. Mayor Verbic: Will the clerk now call for the vote on the resolution. Yeas: Councilmen Kirkland, Nelson, Schmidt and Waters. Nays: Councilman Hansen and Mayor Verbic. VOLUME XLVII RESOLUTION AUTHORIZING 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 Wf1EREAS, 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. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 13,. 1982 Adopted: May 13, 1982 Vote: Yeas 4 Nays 2 Recorded: aaAttest: �sl s/ MarieYe rmaln Marie Yearman, City Clerk 257 258 VOLUME XLVII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Rydin Equipment Bus #8090 repairs $4,551.87 Illinois Radio Equipment Leasing of mobile radios for RTA buses, $1,950.00 Wasco Blacksmith Shop Purchase of 1 lawn tractor $2,000.00 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. REPORTS RECEIVED AND ORDERED PLACED ON FILE Water Department Report for April, 1982 City Traffic Committee Minutes, April 8, 1982 Monthly Building Permit Report for April, 1982 U.S. Department of Commerce, Bureau of the Census Report Councilman Kirkland made a motion, seconded by Councilwoman Nelson, to place the above reports on file. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT OF COUNCIL MEETING' AND RESU PTION OF THE COMMITTEE OF T E WHOLE FETING Councilwoman Nelson made a motion, seconded by Councilman Hansen, to adjourn the Elgin City Council Meeting and resume the Committee of the Whole Meeting. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic, Nays: None. The Council meeting was adjourned at 10:20 p.m. pV�-lA Marie YearmaV, City Clerk VOLUME XLVII May 26, 1982 259 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 26, 1982, at 8:10 p.m., in the Council Chambers of City Hall. The meeting was called to order 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 13, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilman Kirkland, to approve the May 13, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Petitions submitted by Trygve Rovelstad relative to the Pioneer -- -°' Mayor Verbic: I have received petitions from Mr. Rovelstad and he would like to have these presented to the Council members and also to myself with regard to Heroic Pioneer Memorial: The petitions set forth the following: "We, citizens of Elgin and the State of Illinois, do petition the Mayor and the City Council of Elgin for immediate help in bringing to a successful conclusion the erection and the completion of the Heroic "Pioneer" Memorial whose design is incorporated on the Elgin Centennial "Pioneer" half dollar." Elgin Police Department Meritorious Awards Presentation. Chief Baird: Honorable Mayor, and Honorable Members of the City Council, Ladies and gentlemen of the audience. This evening we pause briefly to appropriately honor our Police Officers. would remind you that the 18 Officers being honored this evening are only a small part of the total of our authorized strength of 94 sworn officers. +.._ The awards being presented this evening have been earned over a ten year period. One can easily see they are difficult to earn and are most meaningful to those who receive them. The M VOLUME XLVII awards program idea was conceived by Department Management over if._. a year ago. A committee of officers assisted in the development of the award critera. As Chief of Police it is indeed my privilege to present these awards to these outstanding dedicated officers, and l am proud to see that their families are represented here this evening. officer Clayton Bradish, Meritorious Service Award. Detective Senior Patrolman Mark Brictson, Kane County Policeman of the year - 1980. Senior Patrolman David Buck, Distinguished Service Commendation, 1st and 2nd Award - Policeman of the year - 1980. Senior Patrolman Jack Darr, Meritorious Service Award. Officer Scott Davis, Distinguished Service Commendation - Police - man of the year - 1981. Officer William Eggert, Distinguished Service Commendation - Kane County Policeman of the year - 1977. Lt. Eric Isom, Distinguished Service Commendation. Detective Lt. David Jensen, Distinguished Service Commendation - Policeman of the year - 1972. Officer James Kelly, Meritorious Service Award. Officer John Lloyd, Policeman of the year - 1977. Senior Patrolman John Panzloff, Distinguished Service Commendation. Traffic Officer Robert Pudelwitts, Distinguished Service Commendaj' Lt. Alex Roy, Policeman of the year - 1976. _ Detective Captain J. W. Smith, Policeman of the year 1973.. Officer Ronald Stevens, Policeman of the year - 1979• Detective Patrolman Richard Yearman, Meritorious Service Award. Captain Bruce Zweig, Policeman of the year - 1974. Deputy Chief Warren Heine, Distinguished Service Commendation. Mayor Verbic, on behalf of Administration and the City thank you to each of you ge receive awards which I feel years ago. I think that we of your accomplishments. the City Council, myself,: the of Elgin, I would like to say itlemen who are here tonight to should have been instituted many here tonight are extremely proud I would also like to thank the American Legion for giving awards for the policeman of the year, which are selected by the fellow members of the Police Department. I want to thank the :Moose for their contribution in playing an active part in seeing that the Police Department is duly recognized. I am very happy to see this occasion and to be present for this event. Thank you very much gentlemen. VOLUME XLVII BID AWARDED FOR AIR MASKS FOR FIRE DEPT. 261 Councilman Gilliam made a motion, seconded by;Councilman Hansen to award the bid for aid masks to the low bidder, GFE, Inc., for a total of $3,972.50. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic'. Nays: None. ifli 11)1 w Councilman Hansen made a motion, seconded by Councilman Schmidt, to award the liquor concession at the Hemmens Building to the sole bidder Liquorland Enterprises, Inc. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR SWIMMING POOL CONCESSIONS Councilman Kirkland made a motion, seconded by Councilman Hansen, to award the bid for the swimming pool concessions to the sole bidder, Circus Fun Foods. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt Waters and Mayor Verbic. Nays: None. BIDS REJECTED FOR REPAIRS TO DEEP WELL 3A Based on the staff's recommendation, Councilwoman Nelson made a motion, seconded by Councilman Schmidt, to reject the bids for repairs to deep well 3A. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Don Wagner, Director of Community Development: The purpose of the proposed amendment is to correct an internal grouping of uses which we had under special use.provision in the R -4 District, and that was the coupling of modular housing and mobile homes, and by deleting modular housing it would then permit modular housing within any residence district. Right now modular housing can only be built as a special use within an R -4 district. Mayor Verbic: This is the factory built home which is brought into place. From everything that I have been reading this is one of the big things in the future. This is a less expensive way to build and I have seen some of them up in DeKalb and they are very beautifully done. Councilman Schmidt: These moduiar:'homes, there is no comparison between this type and a mobile home. 262 VOLUME XLVII Mr. Wagner: No, they are not even considered to be the same thing. Councilman Hansen: I did hear you correctly when you said you could build modular housing in any R °zone, it would not be limited to R -4. I think this is another example of a situation where I think we have potential economies in house construction, but I believe that our city code that exceed the BOCA code could negate some of the savings. I think our plumbing and electrical code exceeds the BOCA code in some respects. These same issues came up when we authorized the affordable home on Joslyn and some of the economies of construction were lost in meeting our electrical and plumbing code, which exceeds the BOCA regulations. If our codes met the BOCA regulations there would certainly be economies realized in factory built modular housing because I am assuming that most of the housing that is built in this fashion probably only meets the BOCA code. I would like to see our staff look at those two elements in our code and really review whether we need them. Leo Nelson: I just want to remind the Council that it is this body's authority you can change the code any time you want to. We are not the ones who made those suggestions by exceeding the BOCA code, that was the citizen appointed members made by you to those various commissions. You can change it any time you want to they are only advisory, if you want to amend the code, amend the code. Councilman Hansen: I can appreciate that but this body in it's lack of expertise has to somewhat rely on the city staff. Mr. Nelson: But in that area we are not really the expertise, because sitting on those commissions, on the electrical commission are electrical journeymen and on the plumbing commission are licensed plumbers. We are not the experts in that area, they are and those are the experts that you have appointed, and they have advised you against adopting in total some of these codes. They have in fact asked you to amend them to exceed the code. You either are going to rely upon your experts, and those are the citizens who sit on these commissions,;or you are going to overrule them. Councilman Waters: I would agree with assessment and I would suggest however us tonight is a smaller issue than the Hansen is addressing. I would suggest on the agenda for a work session so we issue. Councilman Hansen's that the issue before issue that Councilman that we schedule this can address the bigger Mayor Verbic: I think it is great that he brought it up because this is the first step and I think that portable housing is something that we would like to have for the young couples and the older people in the City of Elgin and I would not like VOLUME XLVII 263 to see it not materialize in the future because these people deserve the housing. Councilman Kirkland: I would suggest that if we schedule this for a work session that we schedule the Building Commission to come in so that they can participate. Mr. Nelson: Absolutely, I think we should bring in the Building Commission Chairman, and the Chairmen of those various technical committees and let them tell you why they are asking you to consider amendments that exceed the code. Councilwoman Nelson made a motion, seconded by Councilman Kirkland, to approve Petition 4 -82. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED PROVIDING FOR THE PAYMENT OF EMPLOYEE CONTRIBUTIONS TO THE IMRF BY THE CITY OF ELGIN 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 264 RESOLUTION PROVIDING FOR THE PAYMENT OF EMPLOYEE CONTRIBUTIONS TO.THE IMRF BY THE CITY OF ELGIN VOLUME XLVII WHEREAS, the City of Elgin is a participating municipality for the purposes of the Illinois Municipal Retirement Fund (IMRF); and WHEREAS, I11. Rev. Stat., 1981, Ch. 1082, par. 7 -173.2 permits a participating municipality to pay the employee contributions to the IMRF; and WHEREAS, the United States Internal Revenue Service, in a ruling dated October 14, 1981, has ruled that pursuant to paragraph 414(h) of the Internal Revenue Code, employee contributions paid by ,a participating municipality are not included in the gross income of the employees until distributed as a retirement pension, refund, annuity or other benefit; and WHEREAS, the City Council of the City of Elgin has determined that it is desirable and beneficial that the payments required to be made to the IMRF as employee contributions should be made by the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that employee contributions to the Illinois Municipal Retirement Fund shall be paid by the City of -Elgin on behalf of all of the employees enrolled in the Fund; BE IT FURTHER RESOLVED that the payment shall be made by reducing the amount of the gross earnings payable to employees by the amount of the contributions and making payment of this amount - directly to the Fund; BE IT FURTHER RESOLVED that the payment of employee contributions provided shall be effective for all compensation paid to employees begin- ning with June, 1982; BE IT FURTHER RESOLVED that the resolution titled "Providing for the Payment of Employee Contributions to the IMRF by the City of Elgin" adopted by the Elgin City Council on May 13, 1982, is hereby repealed. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: May 26, 1982 Adopted: May 26, 1982 Vote: Yeas 7 Nays Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk VOLUME XLVII ORDINANCE TABLED AMENDING THE ELGIN MUNICIPAL CODE AS PERTAINS TO WATER REGULATIONS Councilman Hansen made a motion, seconded by to table the aforementioned ordinance. Yeas Gilliam, Hansen, Kirkland, Nelson, Schmidt, Verbic. Nays: None. 7d OR IM ENT BY 265 Councilman Waters, Councilmen Waters and Mayor 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. RESOLUTION ADOPTED AUTHORIZING PARTICIPATION IN INTERGROUP PREPAID HEALTR PEAN BY THE CITY OF ELGIN 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. Nays: None. 266 VOLUME XLV11 RESOLUTION AUTHORIZING PARTICIPATION IN INTERGROUP PREPAID HEALTH PLAN BY THE CITY OF ELGIN WHEREAS, under Public Law 93 -222 a new method of health care coverage, known as health maintenance organization (HMO) was signed into law; and WHEREAS, all employers who supply health care coverage to their employees and employ 25 people or more are required to offer HMO membership as an option when an HMO officially qualified by the U.S. Public Health Service offers membership; and WHEREAS, INTERGROUP, Prepaid Health Service, Inc. is a qualified HMO and has a facility with a service area encompasing the City of Elgin; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that full -time employees be offered the option of membership in the INTERGROUP HMO; effective July, 1982; BE IT FURTHER RESOLVED that the City of Elgin shall pay on behalf of any full -time employee electing membership in the INTERGROUP HMO the same contribution that is made on behalf of other full -time employees enrolled in the City's conventional group health care insurance program; BE IT FURTHER RESOLVED that the the necessary Agreement to offer the time employees. Presented: May 26, 1982 Adopted: May 26, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk City Manager is authorized to execute INTERGROUP program to the City's full- s/ Richard L. Verbic Richard L. Verbic, Mayor RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH MIDWEST FIREWORKS Councilwoman Nelson made a motion, seconded by Councilman Hansen, to adopt the aforementioned resolutions Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and,Mayor Verbic. Nays: None. i VOLUME XLVII 267 RESOLUTION AUTHORIZING AN AGREIIVIENf WITH MIDWEST FIREWORKS COMPANY 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 the Midwest Fireworks Company, a copy of which is attached hereto and made a part . hereof by reference. s/ Richard L. Verbic Ricriaril E. Verbic, . Mayor Presented: May 26, 1982 Adopted: May 26, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: �% Marie YeaWman Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF ILLINOIS DEPART - MENT OF CONSERVATION Councilman Gilliam made a motion, seconded by Councilman Kirkland, to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Waters and Mayor Verbic. Nays: Councilmen Hansen, and Schmidt. VOLUME XLVII RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF ILLINOIS DEPARTMENT 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 Conservation imposed timeline for project administration (100% funding includes cash and donations of land) ; and WHEREAS, 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 Projects 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 condemna- tion cases). Failure to meet this timeline will because for forfeiture of grant. Development Projects I am aware that I have 6 months after project approval to start 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 attractive, 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. Ver ac, Mayor Presented: May 26, 1982 Adopted: May 26, 1982 Vote: Yeas 5 Nays 2 Recorded: Attest: s/ Marie Yeaan rie Tearman, city C er VOLUME XLVIi AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS United Diesel Service General Motors Northwest Ford Truck Ram Golf Corp. Bus 7#8077 Repairs Misc. parts for bus fleet Repairs to Sanitation Truck Golf Supplies 269 $3,864.35 1,959.94 1,800.00 1,713.06 Neighborhood Housing Service/ Helen Koch NHS Revolving Loan Fund -2_,571.00 Councilman Waters 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 Revenue Report for February, 1982 Public Property and Recreation Board Minutes - 4/27/82 Cemetery Report for April, 1982 Parking Lot Revenues Traffic Committee Minutes - 5!6!82 Budget Summary - 5/7/82 Councilman Gilliam made a motion, seconded to place the above reports on file. Yeas: Hansen, Kirkland, Nelson, Schmidt, Waters None. RECOGNIZE PERSONS PRESENT by Councilman Hansen, Councilmen Gilliam, and Mayor Verbic. Nays: Tyrst Anderson, 620 Enterprise: I am representing the Jaycees tonight and I am Chairman of the Elgin Ethnic Fest which will be coming up this Saturday. I would like to ask the City Council to pass a resolution to close the riverside parking deck in the event of rain on Sunday „ as a contingency plan our rain date is Sunday and if it rains on Sunday we want to move it under the parking deck. We have approached the people at Spiess to see if they would object to this and they indicated it would be ok as'.a last cesort.a Councilman Gilliam made a motion, seconded by Councilwoman Nelson, to approve Mr. Anderson's request. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. 270 ADJOURNMENT OF COUNCIL MEETING AND RESUMPTION OF THE COMMITTEE OF THE WHOLE MEETING VOLUME XLVII Councilman Hansen made a motion, seconded by Councilman Gilliam, to adjourn the Elgin City Council Meeting and resume the Committee of the Whole Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The Council meeting was adjourned at 9:05 p.m. Marie Yearma , city C er VOLUME XLVII June 9, 1982 271 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 9, 1982, at 8:36 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend George Schiffmayer,'and the Pledge of Allegiance was led by Corporation Counsel Jentsch. ROLL CALL Roll call was answered by Councilman Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Absent: Councilman Kirkland. Also present: Nelson, Yearman, Jentsch, and members of staff. MINUTES OF THE MAY 26, 1982 COUNCIL' FETING APPROVED AS PUBLISHED Councilman Gilliam made ,a motion,, seconded by Councilman Hansen to approve the May 26, 1982 Council Minutes as published: Yeas, Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR 15 FIRE HYDRANTS Councilwoman Nelson made a motion, seconded by Councilman Gilliam to award the bid for 15 fire hydrants to the low bidder, E & H Utility Sales, Inc., for a total amount of $7,438.00. Yeas; Councilmen:Gilliam, Hansen, Nelson, Schmidt, Waters and -Mayor Verbic: Nays: None. BID AWARDED FOR SIDEWALK ON MCLEAN BLVD. UNDER THE U.S. 0 BYPASS Councilman Waters made a motion, seconded by Councilman Hansen to award the bid for the sidewalk along the west side of McLean Boulevard under the U.S. 20 Bypass to the low bidder, Wayne Zimmerman Construction Company, for a total amount of $7,949.24. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR MATERIALS FOR WATER SERVICES Councilman Hansen made a motion, seconded by Councilwoman Nelson to award the bid for various material for water services to the four low bidders, Joseph D. Foreman Company, $1,60210; Clow Corporation, $2,248.80; Ziebell Water Service Products, $982.80; and E & H Utility Sales, $609.36. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 272 VOLUME XLVIi BID AWARDED FOR DEER SHELTER AT LORDT S PARK Councilwoman Nelson made a motion, seconded by Councilman Gilliam to award the bid for the deer shelter to the low bidder, D & E General Contractors, for a total amount of $9,391.00. Councilman Schmidt- Company . Mike Sarro: I don't Steve Barasei is the he signed the bid. Who are the principals of the D & E know. A gentlemen by the name of superintendent of that company and Yeas: Councilmen Gilliam, Hansen, Nelson, Waters and Mayor Verbic. Nays; None. Abstained: Councilman Schmidt RESOLUTION ADOPTED EXPRESSING INTENT TO CONSTRUCT A BRIDGE OVER THE FO RIVER Jane Cook, 615 Douglas Avenue, President of Northeast Neighbors: I- have two communications tonight; I will be referring first to the one that has the letterhead of Northeast Neighborhood Association of Elgin: "The progress of the North End bridge project is a concern to the residents of the northeast neighborhood. I'd like to address two important aspects that need to be considered before your vote is taken tonight. The proposal to fund the entire project with local tax monies when the federal funds have been depleted creates a burden for all of the property owners in Elgin as well as Kane County. The specter of raising over $6 million in local tax money is especially damaging at a time when the economy is.in such a slump and shows few signs of recovering sufficiently in the near future. When given the opportunity to vote on various bond referendums in the last few years, Elgin voters have consistently opposed spending additional tax monies, even on such crucial items as the education of school children. A survey of the 1800 households in the North End indicated that 85% of those who responded were opposed to spending millions of dollars on this bridge project. The second item I would like to point out concerns downtown Elgin's recovery as a viable center of shopping and services. As was evidenced by the overwhelming turnout at the council meeting when the Sears building conversion was discussed, many Elgin residents are concerned about and dedicated to the Elgin downtown. It will be counter productive to support with tax dollars a project that would make it very convenient for North End residents to shop at Spring Hill mall. VOLUME XLVII 273 I respectfully request that you consider carefully the negative impact that reserving for a bridge project tax monies that could go to more needed projects in Elgin will have in the years ahead. And 1 urge you to continue to do everything possible to strengthen the downtown Elgin area, rather than possibly further jeopardizing it. Respectfully, s/ Jane Cook " The second communication is from Greg Cook, 615 Douglas Avenue: "Today I asked the production superintendent of David C. Cook Publishing Co., Don Kruse, what effect a cut rail line due to the proposed North End bridge would have on the neighborhood. He answered quite specifically, and agreed that we should be straight forward about this information with the public. He told me that we presently average 8 to 10 trucks per day either for deliveries or pick ups. All Cook's web paper presently comes by rail. Our web press is our largest. Mr. Kruse gave me the current figures to illustrate the effect of losing the siding. For July, August, and September of this year, Cook's has 1,185,000 pounds of paper scheduled for delivery by rail. If during this period the rail line were unavailable, 30 extra 40,000 pound semi trucks would have to bring it in each month. Mr. Nelson, Mayor, Members of the Council, neighbors are concerned about the present level of trucking coming into Cook Publishing. How much more upset will they be with such an increase ? s/ Greg Cook ", Herb Gross, 833 Prospect: I wish the City Council would reconsider it's decision to build this bridge. Granted that some people may feel it will be beneficial, I do not think it is worth it. Should the city close the City Hall on Saturday to save several thousand dollars, approve a 12 million plus dollar bridge project that may benefit at most 25% of it's population. I have been told that the financing of a 3 million dollar bond issue costs approximately $25.00 on .a $20,000 home.in Elgin. To finance the 6 plus million the city may have to raise would be more than $50.00 per .household, per year. I wonder if you realize that this represents 250 tolls on the tollway bridge per household. The tollway bridge is not that far north. The major industrial and residential expansion that has been projected will be around the tollway, it will not be south of it. Ml There are many projects by the city which money, as was mentioned last week. if pe bridge would be crowded by the year 2000, think about trying to cross McLean today. involving the improvement of traffic flow a higher priority than this bridge. VOLUME XLV11 could be funded by this :)ple think the present i wonder what they 11 think a project on McLean should have Some people believe they can get something for nothing, in this case it is the so called free money from the old Chicago Cross Town Expressway, but it is not free. The city may have to come up with over 6 million dollars of our citizen's money to get it. With 11% unemployment in the city,,slow:sales, stores going out of business, I don't think the economics situation warrants an expense of this magnitude today. There are other reasons that l distrust this. I distrust the study involving bridge traffic density in the year 2000. Since the original study was made cars have become 25% smaller and housing starts in the last three years have been.;negligible. There are many other arguments against the bridge which I have given in the past. I simply want to urge you to vote against the bridge, 1 feel that it is far too expensive and that it will not bring the benefits that have been presented. Travis Houser, 177 Lincoln: I would ask you to vote this resolution down for several reasons. One is I do not believe that you will be limited to 12.8 million dollars for a project that wil -1 do a bulk of it's construction in 84, 85, 86 and 87. The prices will not hold firm. The Courier News optimistically says that the most that you can pay is 6,1 million dollars. We might get off as easily as 1.9 million dollars. 1 am afraid the Courier News reporters -do not read their own newspaper because at the same time the editorials are saying that this should be the shining city on the hill, we should listen to Reagan and pay our own bills. Let's not fool ourselves the Federal Government will not give you more money, the money is not there and you won't have it. This resolution tonight says that you are obligating yourself for all costs above the monies'that -you can get from the local level, the state level and the federal level. There won't be any more money, you will obligate the city. A second reason I would like to ask you to vote against this resolution is that it will depreciate the neighborhood. -1 have lived in other cities, I have been through this before, the neighborhood will go down. i don't need your environmental impact studies to tell me that there will be truck rumblings, there will be noise, there will be pollution, the neighborhood will go down. VOLUME XLVII 275 Another reason I want you to vote against this resolution is that you are providing the flight for the business of this town to Spring Hill Mall and to Schaumburg. Do the businessmen': of this town really want that, I think not. I hope you do vote this resolution down. Councilman Hansen: It is not as simple as the presentations that we have heard tonight. I think the city has made a commitment from 1948 to the present that we need the bridge and if we are going to have the bridge we should the bridge at least in it's appropriate proper form, and the only way that we are going to get that is to make the commitment now.to build the whole bridge. If we procrastinate longer and hold off longer we are going to be building the bridge with all city money and l think you will have a worse impact on the city's tax base over the long run if you do that. We did not hear one businessman, at least from the downtown area, come and speak to us for or against this project so l am assuming that they are not too concerned that their customers are going to fly away from the city on this new bridge route . Mayor Verbic I don't know if members of the audience attended tonight's presentation that the Fire Department members have, worked on and presented tonight for the reasoning behind a new fire station. This has not been brought out only tonight but it has been brought out many times in the past of the need of the fire station on Big Timber. In order for that fire truck to get over to Sherman Hospital on a real large fire, they have two ways to go. One is the tollway and the other one is to come all the way over on Kimball. This. bridge as you probably know would go over the three railroad tracks that we do have at the present time. We first voted for a bridge in 1975, there have been a lot of problems which have resulted since that time and we are well along the line where I think a decision was probably made in the Committee of the Whole last week as far as the need of the bridge and comitting to both phases being built at one time. As you know we are getting 4.6 million dollars from the Crosstown monies. We are getting 2.1 committed by the County because of the Big Timber connection and the third thing that I would like to mention to you is between now and hopefully the time of the completion of the bridge, if there is no further federal money allocated in the future, the most that the citizens of Elgin would have committed is 6.1 million. The least that we would have committed is 1.9 million. Hopefully some planning can be done between now and 1987, whereby monies can be set aside so the full impact, if we are obligated, for 6.1 million will not be that severe because of monies saved. 276 VOLUME XLVII don't think there is anyone here tonight that thinks that no longer will we have any more new building in our town. I think that the Community Development will tell you that with the amount of zoning that we have on the west side of Elgin that the potential by 1990 will be an additional 20,000 to 25,000 additional people, not including the areas to the northeast and the southwest, which have already been zoned. Right now you say fine, we can get by without a bridge, but think that any City Council who only looks at the present and does not go down the road and think about the future, is not doing the proper job or representing the people. I think what we are thinking about in terms of future councils that do come along, on a project that has been procrastinated since 1948, that you have to look at it realistically and face the fact that we do have 64,000 people in our town, we are not going to stay at this population for the next 20 years and you do have to plan for the future. These are some of the reasons why I have been so positive. I am looking down a road as far as our needs are concerned in the future. Councilman Waters. I would like to make just a comments and explain my intent this evening not favor of this resolution. I would say from the I have been in favor of the concept of a north and have supported that concept, but I have two personally with this resolution this evening. couple of to vote in offset that end bridge concerns The resolution indicates that we would start construction, according to the projections given tows last week in 1985. At that time we would let a bid for both phases of the project. That would mean that the funds would have to be committed at that time for the total project. I think the consultant was trying to suggest to us last week that if this project were divided there would be the possibility of negotiating for additional outside funds for that second phase, but by going by one project, both phases in 1985, I personally think it is totally unrealistic to assume that there will be any external funding to assist us with this project. The 6;1 million local funds are given to us in 1981 dollars by the consultant. By 1985 it won't be 6.1 it will be closer to 8 million dollars. I would suggest to you that the cost benefit ratio for that project in 1985, the total project, the commitment of 8 million dollars, which will translate close to $30.00 per year for a $60,000 house, I would suggest to you for local benefit and the burden placed on the taxpayer the benefit is not there. VOLUME XLVII 277 Councilwoman Nelson: I have been committed to the bridge and I know that regardless,of what improvement we make in Elgin that some must suffer and I understand. In going down my street I would not like it either, so I am caught between both things. I really know there is a need for fire, for police and for the future of Elgin. 'We sit here in Elgin very calm and we don't think of a catastrophe that would cause us need of a bridge. We might need the tollway and the bridge for evacuation of other cities near us, but we don't think about those things. am going to vote yes because I have lived a long time in Elgin and I foresee a bridge to be a great need here. Councilman Hansen: I am sensitive to the neighborhood and I just don't believe that we can in clear conscience contemplate building half the project without reassurances, and there will be none, of ever really completing it, and think that is more unfair to the neighborhood than anything that I could imagine. To disrupt their neighborhood twice and to have them live 10 or 20 years without the Summit Street leg completed. I think it is a foregone conclusion that if we don't build it according to the complete plan that we are not going to get any federal help. They are going to recognize the impact of the project on the neighborhood. l really only see the chance to salvage this money that has been allocated for 7 years now and to really complete the project as it was intended Councilman Hansen made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt and Mayor Verbic. Nays; Councilman Waters 278 VOLUME XLVII RESOLUTION EXPRESSING INTENT TO CONSTRUCT A BRIDGE OVER THE FOX RIVER WHEREAS, the City Council of the City of Elgin has heretofore deter- mined that it is necessary and desirable to facilitate east /west traffic flow by constructing an additional crossing of the Fox River at or near Big Timber Road from its intersection with Illinois 31 easterly across the Fox River to the south side of Summit Street and then easterly to Dundee Avenue and also to Slade Avenue; and WHEREAS, engineering and environmental studies have been commenced for such purposes; and WHEREAS, approximately 4.6 million dollars in federal aid funds has been designated for such purposes; and WHEREAS, the County of Kane has designated the sum of 2.1 million dollars for such purposes; and WHEREAS, it is currently estimated that the project will cost approxi- mately 12.8 million dollars, including necessary land acquisition and con - struction and WHEREAS, it is necessary and desirable to affirm the intention of the City Council of the City of Elgin to proceed with necessary engineering and environmental studies, design, acquisition of land and construction; and WHEREAS, the City Council has determined that additional funds may not be available for such purposes; and WHEREAS, the City Council has further determined that it is in the best interest of the City of Elgin to proceed with the project, although no additional funds may be available for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its intention to proceed with and take necessary and appropriate action to complete necessary engineering and environmental studies and design of the proposed bridge and other related activities as soon as practicable and thereafter commence construction. BE IT FURTHER RESOLVED that in the event that the City of Elgin is unable to secure further funding beyond the funding heretofore described, it is the intention of the City Council of the City of Elgin to bear all costs related to and necessary for the project exceeding funding obtained from local, state, federal or any other sources. s/ Richard L. Verbic Richard L. Verbic, Mayor VOLUME XLVII 279 Presented June 9, 1982 Adopted: June 9 , 1982 Vote: Yeas 5 Nays 1 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FOR McLEAN BLVD. IMPROVEMENT t r° Councilman Gilliam made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. :e RESOLUTION ACCEPTING THVIPORARY CONSTRUCTION EASEMENTS FOR MCLEAN BOULEVARD IMPROVEMENT VOLUME XLVII WHEREAS, the City of Elgin will be making certain local improvements upon McLean Boulevard; and WHEREAS, it is necessary and desirable to acquire various temporary construction easements to facilitate construction of said local improve- ments; and WHEREAS, various property owners have agreed to grant to the City of Elgin temporary construction easements upon the terms and conditions as are contained herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the three (3) temporary construction easements, which are attached hereto and made a part hereof by reference, be and are hereby accepted. BE IT FURTHER- RESOLVED that the City Manager is hereby authorized, empowered and directed to perform any acts necessary to cause said ease- ments to be accepted and properly recorded, presented. June 9, 1982 Adopted: June 9, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: /Mara e Ye, Marie Barman, City Clerk RESO S/ Richard L. Verbic Richa—rU er ic, Mayor ZING EXECUTION Councilman Waters made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH VARIOUS PROPERTY,OWNERS TO PROVIDE FOR LOCAL IMPROVEMENTS ON McLEAN BOULEVARD WHEREAS, on April 28, 1982 the City Council of the City of Elgin passed a resolution entitled "Resolution Expressing Intent to Make Certain Local Improvements on McLean Boulevard "; and WHEREAS, said local improvement could be paid for by special assess- ment upon the properties benefitted thereby; and WHEREAS, the City Council of the City of Elgin desires to avoid a special assessment by entering into agreement with the following owners of the real property against which such special assessment would be levied: Name Address Charles P. Karsten Elda Mae Karsten John Peacock Robert Dean Gillman Miriam Gillman Robert Dean Gillman Miriam Gillman Robert Dean Gillman Miriam Gillman Fred W. Schuknecht Mary Louise Schuknecht Peggy A. Dahlquist George P. Bracke Sharon. R. Bracke Albert Schambach Dorothy Schambach Richard Schock Richard Schock — 310 North McLean Boulevard 320 North McLean Boulevard 372 North McLean Boulevard 400 North McLean Boulevard 452 North McLean Boulevard 462 North McLean Boulevard 472 'North McLean Boulevard 482 North McLean Boulevard 500 North McLean Boulevard 508 -516 North McLean Boulevard 522 North McLean Boulevard 281 WHEREAS, said owners have agreed to participate in the financing of said local improvements upon the terms and conditions contained in the agree - ments which are attached hereto and made a part hereof by reference; and WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the 1970 Illinois Constitution and is thereby authorized and empowered to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, entering into agreement in lieu of special assessment with various property owners to provide for certain local improvements pertains to the government and affairs of the City of Elgin; and WHEREAS, both the owners and the City of Elgin will realize substantial economic savings if the local improvements can be constructed by agreement and without the use of a special assessment, 282 VOLUME XLVII NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager and City Clerk be and are hereby authorized, empowered and directed to execute.the attached agreements, which are hereby incorporated by reference. BE IT FURTHER RESOLVED that these agreements shall constitute a lien upon the real property described on each agreement until the sums indicated in paragraph 4 of the agreements are paid in full. s/ Richard L. Verbic Ri ar L. Ver ic, Mayor Presented: June 9, 1982 Adopted: June 9, 1982 Vote. Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Cler ORDINANCE PASSED AMENDING CHAPTER 9.16 ENTITLED "PLANTS AND WEEDS" Councilwoman Nelson made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None, VOLUME XLVII 283 Ordinance No. G35 -82 AN ORDINANCE AMENDING CHAPTER ENTITLED WEEDS" WHEREAS,- the City of Elgin is a home rule unit pursuant to Article VII, Section 6 of the 1970 Illinois Constitution; and WHEREAS, a home rule unit may exercise any power and perform any func- tion pertaining to its government and affairs; and WHEREAS, weeds in excess of eight (8) inches have been declared to be a public nuisance by the City Council of the City of Elgin (Elgin Municipal Code, 1976, as amended, Section 9,16.020 entitled "Nuisance Declared "); and WHEREAS, abating a public nuisance and recovering the reasonable costs of said abatement 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 Chapter 9.16 entitled "Plants and Weeds" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended as follows: A) 9,16,040 entitled "Cutting by city -- Lien" is hereby amended by adding the following: "For the purpose of this chapter, cost and expenses shall be a sum equal to the actual cost of all cuttings plus twenty -five dollars ($25.00) to cover general overhead of administration, expense of inspection, locating the owner, issuing -a notice, reinspection and ordering work done, together with all necessary incidents of same. Upon filing of a notice of lien as provided herein, City shall have a lien upon the land described therein and upon which said cuttings have been made to secure cost and expenses thereof and 9% interest per annum on the amount, which interest shall begin accruing 30 days from date of cutting." B) 19,16,050 entitled "Payment of costs - -Lien release" is hereby amended to read as follows: "9.16.050 Release of lien - -Fee imposed The fee for issuing a release of lien filed pursuant to this . chapter shall be ten dollars ($10 >00). After notice of lien has been filed a release of lien shall be issued upon payment of the cast, expenses, interest and lien release fee as provided herein. The party seeking said release shall be responsible for filing same in the office of the Recorder of Deeds for the appropriate county." Section 2, That the City Clerk shall cause this ordinance to be published in pamphlet form and 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. Ver ac, Mayor 284 VOLUME XLVII Presented: June 9, 1982 Adopted: June 9, 1982 Vote: Yeas 6 Nays 0 Recorded: tAttest: . sMarie y rman Marie earman, City Cler RESOLUTION ADOPTED DETERMINING THAT NO SURPLUS OF FUNDS WAS CREATED DUE TO RECEIPT IN 0 OF PERSONAL P O7 PERTY REPLACEMENT FUNDS Councilwoman Nelson made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII 285 RESOLUTION DETERMINING THAT NO SURPLUS OF FUNDS WAS CREATED DUE TO RECEIPT IN 1980 OF PERSONAL PROPERTY REPLACEMENT FUNDS WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII, pare 6 of the 1970 Illinois Constitution; and WHEREAS, the City of Elgin operates under the budget system pursuant to Ill. Rev. Stat., 1979, Ch, 24, par. 8 -2 -9.1 et seq.; and WHEREAS, the City of Elgin uses the accrual method of accounting; and WHEREAS, the City Council of the City of Elgin has determined the amount of money received in 1980 from the personal property replacement fund and has reviewed the 1979 tax levy ordinance and 1980 budget ordinance; and WHEREAS, the 1979 tax levy ordinance and 1980 budget ordinance of the City of Elgin estimated receipt of personal property replacement funds in excess of that which was actually received, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Council of the City of Elgin finds and determines that no surplus of funds resulted from receipt of the personal property replacement funds in 1980 that are available for any debt, obliga- tion, liability, operation, fund or account or any other purpose; BE IT FURTHER RESOLVED that the City Clerk be and is authorized and directed to file a certified copy of this resolution with the County Clerk of Kane County and the County Clerk of Cook County. Presented: June 9, 1982 Adopted: June 9, 1982 Vote: Yeas 6 Nays 0 Recorded: As s Marie Yea rmt� Marne Yearman, City Cler 1 s/ Richard L. Verbic RicTTa—rZI E. Verbic, Way—or ONING ORDINANCE Councilman Hansen made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 286 VOLUME XLVII Ordinance No. G34 -82 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO PROVIDE FOR MODULAR HOUSING UNITS *iEREAS, written application has been made to amend the provisions of the zoning ordinance of the City of Elgin to provide for modular housing units; and WHEREAS, after due notice the Planning Committee conducted a public hearing on'ahe proposed amendment and has recommended approval; and WHFAS, the City Council of the City of Elgin concurs in the recom mendatiAs of the Planning Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS; Section 1. That Chapter 19.18 of Title 19 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from Section 19.18,020D the following: "and /or modular housing units ;" Section 2, That Chapter 19.18 of Title 19 of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by deleting from Section 19.18.030 the following: rand /or modular units" Section 3. That this ordinance shall be published in pamphlet form and shall become effective ten days after its publication. s/ Richard L. Verbic Richar L, Ver ic, Mayor Presented: June 9, 1982 Passed: June 9, 1982 Vote: Yeas 6 Nays 0 Recorded: Published- Attest- s, rl,S1{1 Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING FXFrA1TInm nF a Councilman Hansen made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen.Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII 287 RESOLUTION AUTHORIZING EXECUTION OF A FARM LEASE WITH LANE BURNIDGE 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 Lane Burnidge, a sole proprietorship, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic RicriarU L. Verbic, Mayor Presented;- June 9, 1982 Adopted. June 91 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearn Marie Yearman, "City Cler RESOLUTION ADOPTED AUTHORIZING OUT -OF -STATE PENSION SERVICE CREDI T Councilwoman Nelson made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas- Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. i RESOLUTION AUTHORIZING OUT -OF -STATE PENSION SERVICE CREDIT VOLUME X "LVII WHEREAS, several employees of the City of Elgin have been previously employed by an out -of -state governmental unit with such service having been covered under a Public Employee Pension System; and WHEREAS, these employees have irrevocably forfeited all service credits in said pension system and are not entitled to benefits of any type from said pension system; and WHEREAS, with the authorization of the Elgin City Council the follow- ing named employees upon payment to the Illinois Municipal Retirement Fund may establish service time equal to the forfeited service. loyee Government Body Forfeited Service Dates V. R. Amin Department of Health New York City 3/74 - 11/76 Raymond Moller Western Reserve Transit Authority, Youngston; Ohio -- 7/74 5/77 Akron Metro Area Transportation 6/74 - 9/74 Study & University of Akron NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the above identified member employees have completed at least two years of contributory service under the Illinois Municipal Retirement Fund, Section 2. That the above listed service credit is authorized for out -of -state service up to a maximum of 120 months for each of the above named members. Section 3, 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 RiMard L. Verbic, Mayor Presented: June 9, 1982 Adopted: ,tune 9, 1982 Vote: Yeas 6 Nays 0 Recorded. At st: s/ arie Yearnan rie Yearman, City Clerk ORDINANCE PASSED AMENDING THE ELGIN MUNICIPAL CODE AS PERTAINS TO WATER REGULATIONS Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVBC 289 Ordinance No. G33 -82 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE AS PERTAINS TO WATER REGULATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 14.04.200 of Chapter 14,04 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "All meters two inches and smaller shall be read and billed bimonthly, except as may otherwise be requested by commercial or industrial users. Water meters greater than two inches or users whose average daily usage is in excess of 25,000 gallons per day shall be read and billed monthly." Section 2, That Section 14.04.260 of Chapter 14.04 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "No deduction shall be made on account of leaking after water has passed through a meter except as is hereinafter pro- vided. In the event that meter registration amounts to more than six times the average bi- monthly usage for the preceding twelve months and inspection reveals that the increase in meter registration was caused by a leak as a result of defective plumbing or plumbing fixtures or such other conditions as are beyond the control of the customer occurring prior to the customer's knowledge of the defect, the water director and finance director, in the exercise of reasonable discretion, may abate or refund an amount equal to seventy -five percent of the excess over an amount equal to six times the amount of the average bi- monthly bill; provided, however, that no rebate or refund shall be allowed unless and until the defect is repaired. No rebate will be granted for, leakage that occurs five days after notification of a leak." 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 approval in the manner provided by law. s/ R6chard L, Verbic Richard L. er,ic, Ngyor Presented: June 9 1982 Passed: June , 1982 Vote: Yeas 6 Nays 0 Recorded: Published: At est: s/ Marie Yea ara Marie Yearman, City Clerk 290 VOLUME XLVII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS r United Diesel Service Bus #8101 Repairs. $5,769.76 Rydin Equipment & Supply Bus #8015 Repairs. 3,927.63 111. Radio Equipment Mobile radios for 13 buses 1,950.00 Councilman Gilliam made a motion, seconded by Councilman Schmidt to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Nelson,;Schmidt, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Transportation Operations Report for April, 1982 Water Department Report for May, 1982 Monthly Building Permit Report for May, 1982 Councilwoman Nelson made a motion, seconded by Councilman Gilliam to place the above mentioned reports on file. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor'Verbic. Nays: None. RECOGNIZE PERSONS PRESENT Councilman Gilliam: I see Tryst Anderson in the audience and I think he should be congratulated along with the Jaycees for what heard was an outstanding success for the Ethnic Fair held over the Memorial Day weekend. Mayor Verbic: On behalf of the Council and myself we want to thank the Jaycees and particularly you for all the preparation and work that you put into this event. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT OF COUNCIL MEETING AND RESUMPTION OF THE COMMITTEE OF THE WHOLE MEETING Councilman Gilliam made a motion, seconded by Councilwoman Nelson to adjourn the Elgin City Council Meeting and resume the Committee of the Whole Meeting. Yeas: Councilmen Gilliam, Hansen, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:20 p.m. Marie Yearman, City Clerk VOLUME XLVII June 23, 1982 291 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 23, 1982, at 8:20 p.m., in the Council Chambers of City Hall. The meeting was called to order by Councilman Hansen. The Invocation was given by Dr. Charles Austin and the Pledge of Allegiance was led by Councilman Schmidt. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, and Waters. Absent: Mayor Verbic. Also present: Nelson, Yearman, Jentsch and members of staff. APPOINTMENT OF MAYOR. PRO TEM Councilman Schmidt made a motion, seconded by Councilwoman Nelson to appoint Councilman Hansen Mayor Pro Tem. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt and Waters. Nays: None. Present: Councilman Hansen. MINUTES OF THE JUNE 9, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Kirkland made a motion, seconded by Councilman Waters to approve the June 23, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. COMMUNICATIONS Leo Nelson: Under communications we would like you to consider a resolution recognizing and expressing appreciation to Ralph L. Ridley, who is one of our very valuable and valued employees. Ralph is in the audience tonight with his wife Emily, and l would like them to come forward. We thought we would take this opportunity to recognize Ralph and his wife is very appropriately with him because he did not just go to school, but went to night school and got a degree in Civil Engineering, which we believe is -a real achievement and takes many, many hours and he has worked hard to do this. Therefore we do have this resolution and with your leave I would like to read it. (Mr. Nelson read the following resolution, which has been included and made a part of the minutes herein) Councilwoman Nelson made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. 292 VOLUME XLV91 RESOLUTION RECOGNIZING AND EXPRESSING APPRECIATION TO RALPH L. RIDLEY WHEREAS, Ralph L. Ridley has been an employee of the City of Elgin Engineering Division since May 6, 1974; and WHEREAS, Ralph L. Ridley has been an inspector in the Engineering Division since August 1975; and WHEREAS, Ralph L. Ridley has been attending night school for the past seven years, first at Elgin Community College and later at the Midwest College of Engineering; and WHEREAS, Ralph L. Ridley on June 20, 1982 received a Bachelor of Science degree in Civil Engineering from the Midwest College of Engineer- ing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF, ELGIN, ILLINOIS, that it hereby recognizes the achievement of and expresses its appreciation to Ralph L. Ridley for his persistent and successful scholastic efforts. s/ Elmer Hansen Elmer Hansen,. Mayor Pro em Presented: June 23, 1982 - -.- Adopted: June 23, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest Marie Yea man rie earman, City er VOLUME XLVII BID AWARDED FOR STOCK PAPER 293 Councilwoman Nelson made a motion, seconded by Councilman Gilliam to award the bid for stock paper to the low bidder „Marquette/ Jim Walter Papers, for a total amount of $3151.68. Yeas: Council- men Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. BID AWARDED FOR WATER PIPE AND RELATED MATERIALS Councilman Gilliam made a motion, seconded by Councilwoman Nelson to award the bid for water pipe and related materials to the following low bidders: United States Pipe & Foundry, $20,701.72; Clow Corporation, $745.91; Water Products Company, $1,900.00, and E & H Utility Sales, $3,264.34. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. BID AWARDED FOR BODE ROAD RESURFACING Leo Nelson: If I may just for your information remind you that when we developed the 1982 budget, you may recall that the money allocated for this project is being held in a restricted fund, or a reserve fund. The money was set aside specifically for this project and a large amount of that money came from U. S. Shelter, the developer of Parkwood and so the money should not be used for any other project but Bode Road. So if anybody is thinking of rejecting this project because you can think of other roads that need it more, it won't do you much good, because this money is earmarked for this project. Councilwoman Nelson made a motion,.seconded by Councilman Gilliam to award the bid for the Bode Road Resurfacing to the low bidder, Giertz- Melahn.Asphalt Company for a total amount of $83,821.30. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. BID AWARDED FOR THE SPIESS -DECK REPAIRS Gary Miller: Typica3ly;whbn,twe.openiabids on a Tuesday and try to make an award on Wednesday, we end up scrambling to get things done. We did talk to the contractor, he was present at the bid opening and at that point in time we suggested that he forward material to us so that we could, in fact, check him out, because we had never even heard of him. Through the offices of Wiss, Janney & Elstner, the consulting engineer who put together the plans and specs, an individual in their firm, Ted Brown, is familiar with the owner, Jack Monson. It is not an unknown company in the business. We have not heard of them. They have not done business in the City of Elgin, but they are a firm that has been in existence for the last four or five years. 294 VOLUME XLVII We also asked the contractor to submit to Us further specifi- cations, documents, that would demonstrate to us that they have done similar projects and their financial capabilities. We have checked that out. They are not a big firm but they are solvent. They have done about $600,000 worth of work todate this year and they look like they are in good financial shape. They gave us some names of some projects that they have done work. They did work for the Chicago Park District, it was a 19,000 - 20,000 dollar job. We asked questions having to do with cooperation, workmanship, supervision on the project, payout problems, if they were finished within the time frame, cleanup and we came out with four different references, four different projects and came out with pluses on all sides. Mel and I have talked about it they are capable of performing to reject their bid. and we are of the opinion that the work and we have no reason Councilman Waters made a motion, seconded by Councilwoman Nelson to award the bid for the Spiess Deck Repairs to the low bidder, Monson Nicholas', Inc., for a total amount of $272,458.00. Yeas: Councilmen Gilliam, Kirkland, Nelson, ands ;Wziters. .Naysv Council- man Schmidt and Mayor Pro T'em Hansen. Mayor Pro Tem Hansen: I am on record on the Spiess, Deck project and I'am still against fixing the deck, which Mr. Spiess owns, at public expense., BIDS REJECTED FOR PUBLIC RIGHT -OF -WAY MOWING Councilman Kirkland made a motion, seconded by Councilwoman Nelson to reject both bids received for this project. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tern Hansen. Nays None. NE COUNTY PETITION TING REZON Jerry Deering: This Kane County Petition concerns approximately six acres located on the east side of Route 25, just north of Albert Drive. The subject property is the former location of the Skorberg Furniture Store. The proposed use of the subject property is an automobile dealership. The petition has been filed by Mr. John Reeves. Both the Community Development Department and the Land Use Committee have recommended the approval of this petition, subject to the following conditions: I. Provision of a one hundred (100) foot building, parking, and storage setback from the easterly property line. The setback area is to be used exclusively for landscaping; VOLUME XLVII 295 2. Vehicle parking and storage areas are to be screened from the north, east; and south with a minimum three (3) foot solid hedge or berm. Existing vegetation should be considered for meeting the screening requirement; 3. Driveway, parking, and storage areas are to be paved with bituminous concrete; and 4. Access to Route 25 is to be limited to the two (2) existing approaches. Councilman Waters, I would move that this petition be approved and attached to that the conditions recommended by the staff. Councilman Schmidt seconded said motion. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays None. PETITION 5 -82 REQUESTING AN AMENDMENT TO CHAPTER TT 3 .0 0 3. OF THE MUNICIPAI u.nnF RY'nFIFTINril Jerry Deering: Should this proposed text amendment be approved offices would become a permitted use within manufacturing districts. Right now it must be associated with a manufacturing plant. This petition recognizes that offices have become and proven to be an appropriate in complimentary uses within industrial areas. Both the Community Development Department and the Planning Committee have recommended the approval of this petition. Councilman Gilliam made a motion, seconded by Councilwoman Nelson to approve Petition 5 -82. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. ON ADOPTED APPOIN Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. 296 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS VOLUME XLVII BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that JoAnn Demuth be and is hereby reappointed as a member of the Board of Health for a term to expire May 1, 1985. BE IT FURTHER RESOLVED that Gus Stuart be and is hereby reappointed as a member of the Board of Health for a term to expire May 1, 1985. BE IT FURTHER RESOLVED that Harvey Eisner be and is hereby reappointed as a member of the Hemmens Advisory Board for a term to expire May 1, 1985. BE IT FURTHER RESOLVED that Marcie Kaltenbach be and is hereby reappointed as a member of the Hemmens Advisory Board for a term to expire. May 1, 1985, BE IT FURTHER RESOLVED that Liz Leibert be and is hereby reappointed as a member of the Hemmens Advisory Board for a term to expire May 1, 1985. BE IT FURTHER RESOLVED that H. Clayton Wood be and is hereby reappointed as a member of the Hemmens Advisory Board for a term to expire May 1, 1985. BE IT FURTHER RESOLVED that Ralph B. Vaughan be and is hereby appointed as a member of the Human Relations Commission for a term to expire May 1, 1985. BE IT FURTHER RESOLVED that Roy A. Bell be and is hereby reappointed as a member of the Land Use Committee for a term to expire May 1, 1985. BE IT FURTHER RESOLVED that Mary Waterson:be and is hereby reappointed as a member of the Parks and Recreation Board for a term to expire May 1, 1985. s/ Elmer Hansen mer arisen,, Mayor ro em Presented: June 23, 1982 Adopted* June 23, 1982 Vote: Yeas 6 Nays o Recorded: {At �est: s/ Mar�OY agnan Marie Yearman, City Clerk INANCE PASSED ESTABLISHING A SYST Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: Councilwoman Nelson. VOLUME XLVII 297 Ordinance No. G36 -82 AN ORDINANCE ESTABLISHING A SYSTEM FOR LICENSING RAFFLES IN THE CITY OF ELGIN WHEREAS, the City of Elgin, pursuant to public Act 81 -1365, as amended, entitled "An Act to provide for licensing and regulating certain games of chance and amending certain Acts herein named" is empowered to establish a system for the licensing of organizations to operate raffles. Article I -- Definitions Section 1. State Law. Whenever reference herein is made to "State Law" it shall mean and re e r to an Act of the General Assembly of the State of Illinois, entitled "an Act to provide for licensing and regulating certain games of chance and amending certain Acts herein named," approved August S, 1981, as amended. Section 2. Raffle Licensing Agent for the City of Elgin is the Kane County Clerk. Section 3. Other. Unless the context otherwise indicates, all words and phrases used ei�eiin shall have the same meaning as the same or similar words or phrases defined and used in this State Law. Article -II -- Qualifications Section 1. licants. A license to operate a raffle shall be issued only to bona fide religious, charitable, labor, fraternal, education, or veterans' organizations, that operate without profit to their members and which have been in existence continuously for a period of 5 years immediately before making application for a license and which have had during that entire 5 year period a bona fide membership engaged in carrying out their objects. Section 2. No license shall be issued to: (a) any person who has been convicted of a felony; (b) any person who is or has been a professional gambler or gambling promoter; (c) any person who is not of good moral character; (d) any firm or corporation in which a person defined in (a), (b), or (c) has a proprietary, equitable, or credit interest, or in which such a person is active or employed; (e) any organization in which such a person defined in (a), (b), or (c) is an officer, director or employee, whether compensated or not; (f) any organization in which a person defined in (a), (b), or (c) is to participate in the management or operation of a raffle as defined by State Law. Article III -- Application Section 1. Required information. Application forms shall be furnished by the Raffle Licensing ent an3-fi—led with same. Said applications shall show the following: (a) the name and address of the applicant; (b) the date, time and location at which winning chances will be determined; (c) place and date of chartering or incorporation of applicant, if applicable; (d) name, address, telephone number, Social Security number and date of birth of presiding officer, secretary, and raffle manager of applicant; (e) the area or areas in which ,raffle tickets will be sold (f) a list of prizes and the retail of each prize to be awarded in a single raffle; and (g) the price to be charged for each ticket sold. Section 2. The license application shall contain a sworn statement attesting to the accuracy of the information provided and to the not -for- profit character of the prospective licensee. Said statement shall be signed by the presiding officer, secretary, and raffle manager of that prospective licensee. Section 3. An application for a license under this ordinance is valid for one raffle only. Section 4. Any raffle in which the aggregate value of the prizes is less than $500 shall be licensed without necessity of a fee. Article IV -- Regulations Governing Licensee Section 1. Conduct of Raffles. The conduct of raffles is subject to the following restrictions: (a) The entire net proceeds of any raffle must be exclusively devoted to the lawful purposes of the licensee permitted to conduct that game. (b) No person except a bona fide member of the licensee organiza- tion may participate in the management or operation of the raffle. (c) No person may receive any remuneration or profit for partici- pating in the management or operation of the raffle. (d) Raffle chances may be sold or issued only within the area or areas specified on the license. (e) Winning chances must be determined only at the time, date, and location specified on the license. (f) Any person selling raffle chances must carry a copy of the license issued for the raffle. Section 2. Raffle Limits. (a) The aggregate retail value of all prizes or merchandise awarded by a licensee in a single raffle, shall not exceed $50,000.00. (b) The maximum retail value of each prize awarded by a licensee in a single raffle; shall not exceed $50,000.00. (c) The maximum price which may be charged for each raffle chance issued or sold, shall not exceed $100.00. (d) The maximum number of days during which chances may be issued or sold, shall not exceed 180. (e) The license shall not be valid for more than 210 days. Section 3. Raffle Manager and Bond. (a) All operation and conduct of raffles shall be under the supervision of a single raffle manager as designated on the license application; (b) The manager shall give a fidelity bond in the sum of the aggregate retail value of the prizes as set out on the application. The bond shall be in favor of the organiza- tion conditioned upon the raffle manager's honesty in the performance of his duties. Said bond shall provide that notice shall be given in writing to the licensing authority not less than thirty days prior to its cancellation period. If the retail value of the prizes exceed $15,000, such bond shall be by a corporate surety. Section 4. Records. (a) Gross receipts from the operation of raffle programs shall be segregated from other revenues of the licensee; (including bingo gross receipts, if bingo games are also conducted by the same licensee pursuant to license issued by the Depart- ment of Revenue of the State of Illinois), and placed in a separate account. Each organization shall have separate records of its raffles. The person who accounts for gross receipts and expenses from the operation of raffles shall not be the same person who accounts for other revenues of the organization. (b) Each licensee shall keep records of gross receipts, expenses, ` and net proceeds for each single raffle at which winning chances are determined. All reasonable operating expenses deducted from gross receipts for each single raffle shall be documented with receipts or other records indicating the amount, a description of the purchased item or service or other reason for the deduction, and the name and address of the recipient, The distribution of net proceeds shall be itemized as to payee, purpose amount, and date of payment. (c) Each licensee, within thirty days (30) of the raffle, shall report to its membership and to the Raffle Licensing Agent each of the following: (1) gross receipts generated by the conducting of the raffle; (2) an itemized list of all reasonable operating expenses which have been deducted from the gross receipts; (3) net proceeds from the conducting of the raffle; (4) an itemized list of the distribution of the net proceeds; and (5) a list of prize winners. (d) Records required by this Section shall be preserved for three (3) years, and the organization shall make available for public inspection their records relating to the operation of a raffle at reasonable times and places. Section 5. Nothing in the ordinance shall be construed to authorize the conducting or operating of any gambling scheme, enterprise, activity, or device other than raffles as provided by State Law. Article V Fees License fees for permits shall be paid in accordance with the following schedule of fees: Aggregate Price Value Fee Less than $500 None $501 to $5000 $ 5.00 $5001 and over $25.00 Article V1 -- Administration The Raffle Licensing Agent shall be charged with the administration and enforcement of this Ordinance. Article VII -- Severability Clause Section 1; If any provision of this ordinance or the application thereof is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such ruling shall not affect any other provisions of this ordi- nance not specifically included in such ruling or which can be given effect without the unconstitutional or invalid provision or application; and to this end, the provisions of this ordinance are declared severable. s/ Elmer Hansen Eimer Hansen, Mayor Pro Tem VOLUME XLVII 301 Presented: June 23, 1982 Passed: June 23, 1982 Vote: Yeas 5 Nays 1 Recorded: Published: Attest: sl Marie Yeai�man Marie Yeannan, City Clerk RESOLUTION ADOPTED AUTHORIZING AN INTER- GOVERNMENTAL COOPERATION AGREEMENT WITH THE COUNTY OF KANE Councilman Gilliam made a motion, seconded.by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: Councilwoman Nelson. i 302 VOLUME XLVII RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH THE COUNTY OF KANE WHEREAS, the City of Elgin, a municipal corporation, and the County of Kane are respectively authorized and empowered to license the conduct of raffles pursuant to Public Act 81 -1365; and WHEREAS, it is necessary and desirable to establish a uniform "system of licensing within the County of Kane and the City of Elgin; and WHEREAS, Article VII, Section 10 of the Constitution of Illinois, 1970, authorizes a municipal corporation to contract with individual associations and corporations for purposes of implementing its powers and in accordance with the authority granted by the Intergovernmental Cooperation Act, Ill. Rev. Stat., 1979, Ch, 127, §741 et seq. 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 Intergovernmental Cooperation Agreement with the County of Kane for the licensing of raffles, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that upon execution of the agreement herein described by all parties, the City Clerk be and is hereby authorized and directed to file a certified copy of this resolution with the Recorder of Deeds of Kane County, Illinois, together with an executed copy of the agree- ment. s/ Elmer Hansen E I me Hansen, ayor Pro em Presented: June 23, 1982 Adopted: June 23, 1982 Vote: Yeas 5 Nays 1 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING A GRANT OF EASEMENT Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. VOLUME XLVII RESOLUTION ACCEPTING A GRANT OF EASEMENT 303 WHEREAS, the City of Elgin finds it necessary and desirable to acquire an easement along Parkview Drive along Forest Drive and Davis Road, in the City of Elgin, Illinois, for the purposes of installation, construction and maintenance of a 12 inch watermain; and WHEREAS, W. J. Dennis and Company, a Delaware corporation, is the owner of the real property upon, across and over which said watermain shall be constructed and maintained; and WHEREAS, W. Jo Dennis and Company, a Delaware corporation, has delivered to the City of Elgin written easements for such purposes; and WHEREAS, it is in the best interests of the City of Elgin to accept said easements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a grant of water easements from W. J. Dennis and Company, a Delaware corporation, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said grant of easement to be recorded with the Recorder of Deeds, Kane County, Illinois. s/ Elmer Hansen Elmer Hansen, Mayor Pro Tem Presented: June 23, 1982 Adopted: June 23, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: cZ Marie Ye rman Marie Yearman, Casty Clea RESOLUTION ADOPTED APPROVING CHANGE ORDER Councilman Waters made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. 304 VOLUME XLVII RESOLUTION APPROVING CHANGE ORDER NO, 3 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 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/ Elmer Hansen Elmer Hansen, Mayor Pro Tem Presented: June 23, 1982 Adopted: June 23, 1982 Voter Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yeahman Marie Yearman, City Cler RESOLUTION ADOPTED AUTHORIZING PARTICIPATION IN AN EMPLOYEE ASSISTANCE PROGRAM Councilman Gilliam made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt and Waters. Nays: Mayor Pro Tem Hansen. VOLUME XLVII RESOLUTION AUTHORIZING PARTICIPATION IN AN EMPLOYEE ASSISTANCE PROGRAM WHEREAS, it is recognized that many personal problems not associated with an employee's position or office may effect the performance of his duties; and WHEREAS, it is necessary and desirable to assist in the resolution of employee personal problems so as to promote an efficient and effective level of governmental services for the general public; and WHEREAS, Skiles and Associates performs such a service at no cost to the City of Elgin; and 305 WHEREAS, the City Council finds it necessary and desirable to authorize participation by its officers and employees in said program and to otherwise cooperate in the establishment of an assistance program available to officers and employees of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS', that it hereby authorizes the participation of the City of Elgin and its officers and employees in an employee assistance program offered through Skiles and Associates. BE IT FURTHER RESOLVED that the City Manager and members of his adminis- trative staff are authorized and directed to cooperate in establishment of an employee assistance program. Presented. June 23, 1982 Adopted: June 23, 1982 Vote: Yeas 5 Nays 1 Recorded: Attest: sMarie Yea an Marie Tearman, City Clerk OLUTION ADOPTED s/ Elmer Hansen mer Hansen, Mayor ro em AND AUTHORIZ Councilman Waters made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays; None. 306 VOLUME XLV11 RESOLUTION` RATIFYING AND AUTHORIZING EXECUTION OF AGREEMENT WITH POLICE BENEVOLENT AND PROTECTIVE ASSOCIATION, UNIT #54 WHEREAS, representatives of the City of Elgin and representatives of the Police Benevolent and Protective Association, Unit #54 have met and discussed wages, fringe benefits and other working conditions; and — WHEREAS, said representatives have submitted for review and approval ...by the City Council an agreement pertaining to such matters; and WHEREAS, the City CoRgcil has reviewed said agreement and finds that it is fair and equitable for the City of Elgin and the affected employees. ''"__ILNOW, ;_ THEREFORE, BE. IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILL'INOI5 "" that it- hereby ratifies and approves the proposed agree- ment by the City of Elgin and the Police Benevolent and Protective Association, Unit #54, a,copy of which is attached hereto and made a part hereof by reference.' BE IT FURTHER RESOLVED that Leo Nelson, City Manager, and Marie Yearman, City Clerk, be and.are hereby authorized and,.directed to execute said agreement on behalf, of the City of Elgin. _ s/ Elmer Hansen Cases:, pjaygr . ro Tem Presented: June 23, 1982 Adopted: June 23, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk Councilwoman Nelson made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. VOLUME XLVI1 Ordinance No. G37 -82 AN ORDINANCE AMENDING ARTICLE IV, ENTITLED "THE ADOPTION AND ADMINISTRATION OF POSITION CLASSIFICATION-AND PAY PLANS" OF CHAPTER 6 OF THE CITY CODE (ORDINANCE NO. S-569, PASSED DECEMBER 23, 1955). AS PERTAINS TO THE COMPENSATION PLAN AND TO THE SCHEDULE OF STANDARD SALARY RANGES AND THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN, ILLINOIS, AS AMENDED 307 WHEREAS, the City Council of the City of Elgin has heretofore ratified and approved negotiated - understandings reached by the City of Elgin's Wage and Benefit Committee and various Employee Relations Committee; and WHEREAS, the City of Elgin has agreed to implement a new schedule for Police officers as described herein., NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That there is hereby added to and forming .a part of Article IV of Chapter 6 of the City Code (Ordinance No. S -569, passed. December 23, 1955), as amended, the following amended schedule of standard salary..ranges, forming the official salary plan which shall read as follows OFFICIAL POLICE SALARY PLAN Salary - Range Position I II III IV V VI 35 P Police Officer 1711 1761 1840 1922 2024 2139 Section 2. That effective December 26, 1982, the official salary plan shall be amended to read as follows: Salary Range Position I II III IV V VI 35 P Police 'Officer' 1831 1884 1969 2057 2176 2289 Section 3. That effective December 25, 1983, the official salary plan shall be amended to read as follows: Salary Range Position I II III IV V VI 35 P Police Officer 1950 2006 2097 2191 2317 2438 Section 4. That all other ranges in the 'P' and 'P 1' schedule of standard salary ranges be and are hereby amended accordingly and that the City Manager is hereby authorized and directed to prepare the appropriate schedules reflecting the foregoing amendments to salary ranges of the City of Elgin. - E VOLUME XLVII Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6. That this ordinance shall be in full force and effect as of June 27, 1982. " S/ Elmer Hansen E.' m-1 er' Hansen,;,M4,gri Pro Tem Presented: June 23, 1982 Passed: June 23, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Yealan Marie Yearman, City Clerk ION ADOPTED ESTABLISHING PREVAILING Councilwoman Nelson made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. VOLUME XLV61 RESOLUTION ESTABLISHING PREVAILING WAGE RATES ON PUBLIC WORKS CONTRACTS WHEREAS, Illinois Revised Statutes, 1979, Chapter 48, 939s -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 avail- 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, s/ Elmer Hansen -- , E1me'r Hanse n , ; •— Mayisr° Pro Tem Presented; June 23, 1982 Adopted; June 23, 1982 Vote: Yeas 6 Nays 0 Recorded; Attest; s /Mar�1 eal'man' Marie Yearman, City Clerk 309 310 VOLUME XLVII RESOLUTION ADOPTED AUTHORIZING MEMORANDUM OF AGREEMENT REGARD- ING ECONOMIC DEVELOPMENT BONDS SUMMIT STREET SHOPPING CENTER PROJECT Richard Bresiich: I do have an artist's concept of the project which I will pass around for your review. Councilman Kirkland What completion date are you looking towards. Mr. Breslich: January, 1983. Mayor Pro Tem Hansen: Just for the audience's information, this is a proposed 23,000 square foot True Value Hardware Store and an additional 12,000 square foot of retail space. This will be a nice addition to our city and I always like to see our own local people invoved in expansion and growth, and I think the Council is thrilled that you decided to do this in our city. Councilwoman Nelson made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. AUTHORIZATION FOR PROPOSED SALE OF LARKIN AVENUE Leo Nelson We have two offers on the property that the City owns at 1231 Larkin Avenue, and if we are going to accept one of these offers we need to take some official action. One of the offers is for the house and the additional lot to the west, a vacant lot. The other orferis'for the house only. Mike Sarro: What we have are two separate individual offers. If you will recall when we bid the project and we received no bids we were going to allow people to offer on either or both lots. When we received no bids we set it up with the Board of Realtors in that same fashion again.•. Offer #1 is for the entire parcel, he would want both lots. Offer #2 is for lot 1 only, which is the lot that contains the house. Both lots are about the same size. The only real difference between the offers is Offer #1 is clearly the easiest, it is a cash offer for $35,000, no financing and the City would be' done with those two parcels in the project. Offer #2 is for the house only for $25,000 and that offer is contingent upon that particular individual being able to secure a $20,000 mortgage sometime prior to the closing and the city would still own vacant lot 2. VOLUME XLVII 311 - Councilman Gilliam made a motion, seconded by Councilwoman Nelson to accept Offer #l. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS P.J. Hartmann Co. Underground fuel storage tank at Lord's Park. $4,305.65 Corporate Policyholders Review of self- insurance program. $1,540.00 Bruce Municipal Equipment Sanitation Truck repair. $1,936.47 Dresisilker Electric Sewer Pump Repair $2,482.81 Eastman Kodak Co. Maintenance program for Police Records Dept. $4,575.00 Cincinnati Time Recorder Maintenance program for equipment in Civic Center Parking Lot. $1,720.00 Councilwoman Nelson made a motion, seconded by Councilman Gilliam to approve the aforementioned payments. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report for March, 1982 Cemetery Report for May, 1982 Public Works and Engineering Report for March /April, 1982 Budget Summary dated June 7, 1982 Councilman Gilliam made a motion, seconded by Councilwoman Nelson to place the above mentioned reports on file. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, Waters and Mayor Pro Tem Hansen. Nays: None. ANNOUNCEMENTS Leo Nelson: You had indicated that you want to meet with the Building Commission members to talk about our various amendments to our standard codes. I have a packet of information that has been prepared by Jerry Deering, reporting to you all of the sections of the code that have been amended. When you read this material you will see the section as it was -and then below that our amendment. You had also indicated this was an item that you would want to discuss at a special meeting. am asking if you want to set a date for that meeting tonight so that we could advise the Chairman of the Building Commission and other Chairpeople of the various technical committees. 312 VOLUME XLVII A majority of the Council indicated they- -would like this meeting set for July 21, 1982, at 7 :00 p.m, Mayor Pro Tem Hansen made announcements relative to additional forthcoming meetings. ADJOURNMENT OF THE COUNCIL MEETING AND RESUMPTION OF THE COMMITTEE OF THE WHOLE MEETING Councilman Gilliam made a motion, seconded Kirkland to adjourn the E1gin.City Council resume the Committee of the Whole Meeting. Gilliam, Kirkland, Nelson, Schmidt, Waters Tem Hansen, Nays: None. The meeting was 9:15 p.m. by Councilman Meeting and Yeas: Councilmen and Mayor Pro adjourned at . t VOLUME XLViI July 14, 1982 313 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 14, 1982, at 8 :35 p.m., in the Council Chambers of City Hall. The meeting was called to order by Mayor Verbic. The Invocation was given by Reverend Charles Vital of the Elgin Evangelical Free Church and the Pledge of Allegiance was led by the City Clerk. 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 JUNE 23, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilwoman Nelson made a motion, seconded by Councilman Kirkland to approve the June 23, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland Nelson, Schmidt and Mayor Verbic. Nays None. BID AWARDED FOR THE McLEAN BLVD. IMPROVEMENTS Councilwoman. Nelson made a motion, seconded by Councilman Gilliam to award the bid for the McLean Boulevard improvements to the low bidder, E. M. Melahn Construction Company, for a total amount of $121,515.15. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. DED FOR THE PARKVI M Councilman Hansen made a motion, seconded by Councilman Schmidt to award the bid for the Parkview Drive watermain extension to the low bidder, Gluth Brothers Construction, for a total amount of $23,800.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. D FOR THE M.F.T. Councilman Kirkland made a motion, seconded by Councilwoman Nelson to award the bid for the M.F.T. Seal Coat Program 1982 to the low bidder, Curran Contracting Company, fora total amount of $47,108.60. Yeas: Councilmen Gilliam, Hansen,: Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. 314 VOLUME XLVII SID AWARDED FOR TWO MOWERS FOR THE CEMETERY Councilwoman Nelson made a motion, seconded by Councilman Kirkland to award the bid for two mowers to the low bidder, Rowland's Equipment, for a total amount of $3,538.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. Councilman Kirkland made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Councilman Hansen: I have opposed this program of graved mining out there from it's inception and in looking through my notes and minutes of the Council meeting which approved "the use of that, my statement that I made that evening did not appear in the Council minutes as part of the official record and I want my opposition to this project to be duly noted in the public records. "Remarks made by Elgin City Councilman Elmer Hansen on May ,13, 1981, at the City Council Meeting: 1 am voting NO on the ordinance granting a special u e for the temporary mining of sand and gravel on the Elgin Mental Health Center property for the following reasons: The city is entering into this project with many unanswered questions. Most of these problem areas have to do with finances. The City Staff and specifically the Parks Dept., to my knowledge have never calculated the cost of installing or maintaining this park. The maximum estimated gravel royalty from this park for a 12 to 15 or maybe 20 year period, would be in the area of three million dollars. That will never cover the cost of the capital improvement to a park of this size. The on going yearly main- tenance and staffing cost of this park has nevery been addressed by our City Staff. Our Parks Dept. budget at the present time is 1.3 million dollars. I think it could be safely stated that this large park would probably increase that budget in the neighborhood of $800,000.00 per year. The requirements for additional tax funds from our residents would result in approxi- matelyoa 21� per $100.00 assessed valuation increase in our tax levy. With these difficult times, this is no time to raise our taxes on our citizens for a project such as this. Our city has at the present time a very nice excessible adequate park system and.we can get along with what we have until economic times get better. I think we are also ignoring some of the other facilities that we do have available to us in the Elgin area. <+ r VOLUME XLVII 315 The Kane County Forest Preserve District has over 2400 acres of forest preserve park land. About g00 acres of this county forest preserve land is very accessible to Elgin residents. The Cook County Forest Preserve district has other acreage on the east side of Elgin that is equally accessible to our residents. We have well over a 1000 acreas of forest preserve land that Elgin residents can use both for picinicing, for park use, and for open space. Therefore, I am not at all convinced that Elgin needs, in one parcel of land, a park of this size. From talking to many hundreds of Elgin residents and voters, I believe that they feel the same way. Putting aside the lack of need for a park, I'd like to address the gravel mining operation it's'self. If we embark on a gravel mining operation on a royalty basis, the city is exposing it's self to an enormous risk for a very little return, monetarily. The maximum projected royalty revenue anyone has suggested is about $180,000.00 per year. This is less than z of 1% before our city budget. In addition, the royalty revenue that is generated, will be substantually reduced by increased road construction, maintenance, signal lights, etc. It will also require a certain amount of staff time or monitor. We have already spent a large amount of staff time on the park plan alone. if we embark on this gravel mining scheme the city will be exposing it's self to the possibility of some very large law suits. am the only city councilman to my knowledge who has personally visited Knowles Electronics Co. plant and seen their operation first hand. Let me assure you, their concerns are real, because they will have some serious quality problems in their manufacturing process from the increased dust that we have every reason to believe will be generated by this gravel mining operation and the truck traffic that it will generate. Elgin cannot afford to lose an employer who provides 130 jobs in our area and occupies a factory that pays sub- stantial property taxes to our city, school systems, and county. The dust generated by this gravel mining operation will be blown by the prevailing southwesterly winds over a large part of our city, including residential, commercial and business areas, from one end of the city to the other. No one can tell me that when these conditions prevail for 12, 15 or possibly 20 years, this will not affect property valves of our neigh- borhoods or the desirability of Elgin as a city to live in. Our Land Use Committee, after 20 hours of public testimony by experts, determined that this was not a suitable special use for this property and voted against it by substantial majority. 316 VOLUME XLV11 This piece of property would really benefit Elgin the most by designating it for it's highest and best use, which I believe should be an Industrial Park. I believe we should vigorously pursue with the State Mental Health officials the possibility of setting part of this land aside for a park and developing the rest of it as an industrial Park. I believe the State can be convinced to accept this. After all an Industrial Park on this property would benefit everyone. it would benefit the state, the county, the city and most importantly our school system. If we develop a 300 acre Industrial Park, we would have the potential in today's dollars of erecting about one hundred million dollars worth of industrial property which would bring into just the City of Elgin, about 1/2 million dollars of property tax revenue every year for much more than the 10 or 12 years the gravel mining operation would bring in. In addition to this, our school system would benefit by receiving well over 1 million dollars a year from the Industrial Park." Councilman Hansen: I still feel exactly as I did on that evening in May, 1981. We have three thousand acres of Kane County Forest Preserve land in this county, one thousand of that is very accessible to our citizens in Elgin. We also have a lot of Cook County Forest Preserve land that is within our proximity. I don't think that in the future our budget will be able to stand either the development of Q this park or the maintenance of it in the Park's budget. I feel even stronger about that even today when I look at the economic times we are facing today we can afford that park less and in my statement I estimated the cost of this park to be somewhere between 6 and 9 million dollars and I have no reason to change my mind on that and I believe the maintenance of that park on a yearly basis will be at least $800,000 in today's dollars and it will over -tax our city's resources. Mayor Verbic, Are you basically also opposed to leaving a natural resource in it's present state. In other words here we have within the city limits, unfortunately, we wish we were out further, but one of the reasons why 1 have looked at this, I see your points very well about the development of the park, but a natural resource which sometime in the future will be in demand and to leave this unused and whether or not the park development comes after, 1 still feel that the natural resource should be used efficiently and effectively and it is going to be a source of income. That is one thing that has made me feel strongly about the gravel, i just hate to see it lost. Councilman Hansen: If I was convinced that gravel is a natural resource that was in such short supply or unavailable, I might feel differently about it, but no one has come out and demon- strated to any one. It did not come out in the public hearing with 20 hours of testimony that we are that short of gravel, VOLUME XLVII 317 and yes':I:am opposed to mining gravel within the city limits of Elgin and I base that mostly on the fact that if a private gravel developer had been able to purchase that property and would come before this body and ask permission to mine gravel, that developer would not have been permitted, in my judgment, to mine it. I say that what is good enough for the private sector is good enough for the city. It is not going to have in my mind a positive impact on our city for the 12 to 15 years duration of mining activity. Councilman Schmidt: I have been opposed to this type of project and l am still going to vote no on this because feel that this property could be used to a much better use where it could have an industrial park and having some revenue bearing property there that could bring in some revenue to the city. I feel also that once this gravel mining gets started we are off to this 400 acre park. Mayor Verbic: One think I would like to point out on this agreement. With all of the publicity we have read in the Elgin and Chicago papers, number 11 of the agreement.states the City of Elgin shall permit residents and employees of the Elgin Mental Health Center access and use equal to that of the public at large of the public recreational open space after final development. I would like to hear something from Corporation Counsel Jentsch about this. Counsel Jentsch: I think that would be the case whether it was stated or not. The United States Supreme Court has been very definite about attempts to restrict the use of public lands to residents only and has not found that to be consistent with the Constitution. Mr. Nelson: You got to remember that the people who live there are included in our census. Councilman Gilliam: I think that what Dick is trying to say and I have heard people say this before, we build the parks and everybody from surrounding towns come in and use them and they don't pay taxes. 1 have had that hammered away at me for the last several months. Ery you are saying that we can't stop someone who lives in Aurora, or South Elgin, etc. Counsel Jentsch: In 1968 the City of Chicago had half of the country in it's parks during the National Democratic Convention. The reason they could not do anything about it was the same constitutional principal. Councilwoman Nelson: I think you are all losing sight of what we wanted to mine for and that was for the baseball things that we need. I will be very happy when they get that new park set up out there and I think the people of Elgin want the ball players out where they can play rather than being harassed by the police and everyone when things are going on near the schools. 318 VOLUME XLVII This is only an ok tonight of the State saying it is all set and up to us. Councilman Hansen: Councilman Gilliam brought up an interesting concern. By it's very description I think this is referred to and described as a regional park and by that it means that it is going to service a large region, not just the City of Elgin. I suppose you could say it would serve the northern part of Kane County and our taxpayers are going to be put in the awkward, cumbersome position of paying for the capital improvements to make this park and for the annual maintenance which is a substantial amount of money and half of the users of this park are going to be from out of town. I don't object to out of town people coming to Elgin but I object to us paying for a regional park. This is why we have the Kane County Forest Preserve system installed in Kane County and this is why they buy all of this land. If you want a regional park it should be supported by regional taxes. Mr. Nelson: There are cities that do charge a fee for out of town residents to come in. I don't think Ery meant to tell you that you cannot charge a fee for out of town people. It just means that you cannot deny them access. So if you want to at some future date, after that is developed and this is an easy piece to control access to, you can charge the out of town residents. We charge a different rate for people who are in our softball leagues who are from out of town. We charge different fees for people who are at the Hemmens and that can continue to be done. Councilman Schmidt: Getting back to item It on page 3 where the City of Elgin shall permit residents and employees of the Elgin Mental Health Center.. is the word resident another name for patient. Mr. Nelson: Yes they are residents. Councilman Schmidt So you are saying that people that have committed a crime are allowed to go over there and use that park. Mr. Nelson: If the Elgin Mental Health Center determines that they are to be kept on the grounds they will be kept there. What you are saying if they can go any place else in the city, they can go here. if they are restricted to the grounds they will stay on the grounds. We are not by accepting this agreement proceeding to with gravel mining. That would all come later when you take and direct us to take bids and proposals. This just finalizes an agreement that we need to have with the Elgin Mental Health Center. Yeas: Councilmen Gilliam, Kirkland, Nelson and.Mayor Verbic. Nays: Councilmen Hansen and Schmidt. VOLUME XLV11 RESOLUTION AUTHORIZING EXECUTION OF INTERGOVEPaMII TAL AGRE MENr BETWEEN THE CITY OF ELGIN AND THE ILLINOIS DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES WHEREAS, on December 17, 1979, the Department of Mental Health and Development Disabilities (hereinafter referred to as "the Department ") conveyed by quitclaim deed (recorded in the Office of the Recorder of Deeds, Kane County on 1/23/80 as Document #1534131) certain real property (hereinafter referred to as "Property") located on the grounds of the Elgin Mental Health Center to the City of Elgin; and WHEREAS, Paragraph 6 of said deed entitled "Conditions and Stipula tions," provides: Prior to the City of Elgin's development or use of the subject land, the plan for the eventual development of the area must be approved to (sic) writing by the Director of the Illinois Department of Mental Health and Developmental Disabilities. ETif1 319 WHEREAS, the City of Elgin has developed a plan to utilize the Property which plan has been amended by an ordinance number G19 -81 passed on by the corporate authorities of the City of Elgin entitled "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;" and WHEREAS, the Director of the Department has reviewed the Plan as modified by said ordinance number G19 -81 as well as materials submitted by objectors and supporters of said plan, and has approved the City's proposed development of the Property in a letter from said Director dated March 4, 1982, and has specifically determined that "The proposal of the City is a bold initiative that we believe will be of substantial benefit to all the residents of the City of Elgin and its surrounding areas ;" and WHEREAS, said approval, as a condition subsequent, required the City of Elgin to enter into an intergovernmental agreement with the Department; and WHEREAS, the Department and the City have agreed upon the terms and conditions to be contained in said intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager and City Clerk be and are hereby directed and authorized and empowered to execute the intergovernmental agree- ment attached hereto and made a part hereof by reference, entitled Inter- governmental Agreement Between the City of Elgin and the Illinois Department of Mental Health and Developmental Disabilities Approving the Proposed Development by the City of Elgin of Land Purchased from the Department on 12/17/79 and Recorded, in the Office of the Recorder of Deeds, Kane County as Document #1534131. s/ Richard L. Verbic KIChard L. VerbIC, Mayor 320 VOLUME XLVII Presented: ,q ua y -1,4, �L382 Adopted: July 14, 1982 Vote: Yeas 4 Nays 2 Recorded: ,Attest: s/ Marie Yea man re Yearman, City Clerk Councilwoman Nelson made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. VOLUME XLVII RESOLUTION AUTHORIZING EXECUTION OF F.ASHAENT AGREFAENT WITH NORTHERN ILLINOIS GAS FOR WATER TREATMENT PLANT ACCESS ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: 1. That it is necessary and desirable to acquire an easement across certain real property owned by Northern Illinois Gas Company to permit the construction, maintenance and use of an access road to the new water treat- ment plant. 2. That the City Manager and City Clerk be and are hereby authorized and directed to execute the attached easement agreement which is made a part hereof by reference, and to cause said agreement to be recorded in the office of the Recorder of Deeds of Kane County. s/ Richard L. Verbic Richard . Verbic, Mayor Presented: July 14, 1982 Adopted: July 14, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: Y s/ Marie Ye rman Marie Yearman, City Clerk Councilman Schmidt: As I stated in the work session two weeks i will vote for this to see that it is done correctly, although this does not mean that I am in favor of what is being done on deck, where it is being refinished. 321 ago, the Mayor Verbic I feel the same way because I feel this is a joint responsibility with the one who still owns the deck and this is just part of the additional cost which we are bearing. I think that to try to avoid what happened eight years ago we are trying to have someone here who will hopefully provide the expertise in seeing that the work is done accurately. Councilwoman Nelson made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: Councilman Hansen. t 322 VOLUME XLVII RESOLUTION ACCEPTING PROPOSAL OF A 4 H /FLOOD ENGINEERING TO CONDUCT MATERIAL TESTS AND SUPERVISE QUALITY CONIROL FOR REPAIRS TO THE SPIESS DECK BE IT RESOLVED By THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: 1. The proposal of A $ H /Flood Engineering to conduct material tests and to supervise quality control for the repairs to the Spiess Deck as contained in the letter from A F, H/F1ood Engineering dated June 150 1982, a copy of which is attached hereto and made a part hereof by reference, be and is hereby accepted. 2. The City Manager and City Clerk be and are hereby authorized to execute the acceptance provision contained in the letter attached hereto and to otherwise take such steps as may be necessary to cause said proposal to be accepted. s/ Richard L: Verbic Richari L. Ver c, Mayor Presented: July 14, 1982 Adopted: July 14, 1982 Vote: Yeas 5 Nays 1 Recorded: Attest: s/ Marma, Marie Yearimn, City Cler Councilman Gilliam made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: Councilman Hansen. VOLUME XLVII 323 RESOLUTION AUTHORIZING ACCEPTANCE OF PROPOSAL OF SPEER FINANCIAL, INC. FOR FINANCIAL CONSULTATION ON A PROPOSED BOND ISSUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, as follows: 1. That the proposal of Speer Financial, Inc. to act as financial consultant on an upcoming bond issue as contained in a letter from Speer Financial, Inc. dated June 8, 1982, a copy of which is attached hereto and made a part hereof by reference, be and is hereby accepted. 2. That the City Manager and the City Clerk be and are hereby authorized and directed to execute the acceptance provision contained on the letter, which is attached hereto. Presented July 14, 1982 Adopted: July 14, 1982 Vote: Yeas 5 Nays 1 Recorded: Attest: 1, s/ Marie Yrman Marie YeanrAan, City Clerk s/ Richard L. Verbic Richard . VerbiC, mayor OF Councilman Gilliam made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. 324 VOLUME XLVII RESOLUTION AUTHORIZING AND DIRECTING CHANGES IN THE LOCATION OF VARIOUS TELEPHONES IN THE CITY HALL OF THE CITY OF ELGIN WHEREAS, there is in effect an ordinance granting to Illinois Bell Telephone Company certain rights in the City of Elgin-passed by the City Council on September 26, 1957; and WHEREAS, said ordinance provides in Section 6 as follows: "The company without charge and when directed by resolution of the governing body of the municipality, shall change the loca- tion of any of said telephones " m WHEREAS, the City of Elgin will be relocating various departments within the city hall which relocation will necessitate the changing of . various telephones. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Illinois Bell Telephone Company is hereby directed pursuant to the terms of Section 6 of Ordinance S -598 of the City of Elgin to relocate various telephones within the city hall of the City of Elgin as directed by the City Manager. Presented: July 14, 1982 Adopted: July 14, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yerman Marie Yearman, City Clerk s/ Richard L. Verbic Richard L. Verbic, Mayor D CONCURRING IN THE AWARD Councilman Hansen 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 XLVII RESOLUTION CONCURRING IN THE AWARD OF A CONTRACT WITH THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Elgin has heretofore agreed with the State of Illinois, Department of Transportation, for intermittent resurfacing; and WHEREAS, the contemplated improvement is identified as City Section No. (M.F.T.) 82- 00123- 00 -IR, State Section No. 1982- 085RS, Project F.A.U. M- 5172(47); and WHEREAS, the State of Illinois Department of Transportation received written bids for the resurfacing of various streets in the City of Elgin; and WHEREAS, Leininger Mid States Paving, a qualified bidder, submitted the low bid in the amount of $64,701.40. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby concurs in the recommendations of the State Awards Committee that the low bid of Leininger Mid States Paving be accepted. s/ Richard L. Verbic Richard er ic, ayor Presented: July 14, 1982 Adopted: July 14, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Mamie Yea man rie Yearman, City ler RESOLUTION ADOPTED REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDING— CLOSE A PORTION OF ROUTES AND ZU FOR PRIDE IN ELGIN P BADE 325 Councilwoman Nelson made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. 326 VOLUME XLVII RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE A PORTION OF ROUTES 19 AND 20 FOR PRIDE IN ELGIN PARADE WHEREAS, the City of Elgin has applied for and received permission from this Council to stage the Pride in Elgin Parade within the city limits of Elgin on Saturday, August 7, 1982, from 1:00 p.m. to 3:00 p.m. conditioned upon securing permission from the Department of Public Works and Buildings, State of Illinois, to close a portion of State Route 19 and 20 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 assure 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 Richard L. Ve r ic, yor Presented: July 14, 1982 Adopted:. July 14, 1982 Vote: Yeas 6 Nays 0 Recorded: 'VAttest: s/ Marie Ye rman rie Barman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 19.38 OF THE ELGIN MUNICIPAL CODE, AS AMENDED, ENTITLED M LIMLTED MANUFAC- TURING DISTRICT 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. r VOLUME XLV11 Ordinance No. G38 -82 327 AN ORDINANCE AMENDING CHAPTER 19.38 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED M -1, LIMITED MANUFACTURING DISTRICT WHEREAS, there has been filed a petition to delete the words "when necessary as part of or associated with the manufacturing plant" from Chapter 19 ,38.010 of the Elgin Municipal Code; and WHEREAS, there was a public hearing on said petition before the Elgin Planning Committee on May 10, 1982; and WHEREAS, the Elgin Planning Committee specifically found that offices have become customary uses within industrial parks and approved said peti- tion by a vote of six to nothing; and WHEREAS, the community development department of the City of Elgin has recommended approval of said petition; and WHEREAS, said petition was presented to the City Council of the City of Elgin on June 23, 1982. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.38.010(3) of Chapter 19.38 of the Elgin Municipal Code, entitled M -1, Limited Manufacturing District, be and is hereby amended by deleting therefrom the words. "when necessary as part of or associated with the manufacturing plant ". Section 2. That the City Clerk shall cause this ordinance to be published in pamphlet form and 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: July 14 1982 Passed: July 14, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: y j s/ Marie Yea?4nan Marie Yearman, City Cler 328 AUTHORIZATION OF PAYMENT TO VENDORS VOLUME XLVII General Motors I Stock parts for RTA bus fleet. International Personnel Mgt. Association Testing firefighter applicants. Book Publishing Update of City Code. Howard White & Assoc. Deck chairs for Wing Park and park. Neighborhood Housing/ Lord's Herbert Fiedler NHS Loan Fund Program. Neighborhood Housing/ Bennie B. Sowers NHS Loan Fund Program. Illinois Hydraulic Cost overrun on the Douglas Avenue Streetscape. $ 3,383.25 2,392.50 3,226.00 1,60o.00 5,246.00 9,353.00 11,803.00 Councilman Schmidt: I just wanted to bring to the Council's attention this $11,803.00 overrun on the Douglas Avenue Streetscape. cannot understand how this could be increased $11,000 when the sidewalk was there, the barrier curb. Was this an inexperienced individual or just what. Mr. Nelson: The attachment indicates that the people who designed the project simply under estimated the quantities. It is no fault of the contractor, as you know in all of these kinds of public improvements the contractor typically bids a unit price on each unit of work done on an estimated quantity and apparently the quantities were not estimated properly. Councilman Schmidt: I am not questioning Illinois Hydraulic, but I have my doubts about the architects. Gary Miller: if you go back to your Board of Local Improvements and if you were to look at the final tabs given for the Area 1 Special Assessments project you will see a breakdown for each line item and you will noti""ce that there are certain quantities where we were over and there were certain quantities we were under. That happens on every project that we have been involved in. A lot of times those deducts and additions balance out and you come out close to the original price. In this particular project we had a lot of additional quantities and not too many deducts. Councilman Kirkland made a motion, seconded by Councilman Gilliam to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. Councilman Kirkland made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. VOLUME XLV11 RESOLUTION AUTHORIZING EXECUTION OF A RIDER 'A' AMENDING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF ELGIN AND KANE COUNTY FOR CONSTRUCTION OF THE NORTH END BRIDGE WHEREAS, on October 4, 1976 the City of Elgin and the County of Kane entered into a joint agreement for the construction of Big Timber Road from Illinois 31 easterly across the Fox River to Dundee Avenue; and WHEREAS, said agreement was to become null and void in the event a contract covering construction work is not awarded by January 1, 1983; and WHEREAS, as a result of revised rules and regulations, it is apparent that said construction contract cannot be awarded by January 1, 1983 as contemplated; and WHEREAS, on June 9, 1982 the City of Elgin expressed its intent to proceed with the project and fully complete all phases of construction; and WHEREAS, the City of Elgin and County of Kane have determined that it is necessary and desirable to extend the time period for awarding of contracts to and including January 1, 1987. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 1. That it finds that it is necessary and desirable to extend the time period as established in the Memorandum of Agreement entered into on October 4, 1976 between the City of Elgin and County of Kane for entering into necessary construction contracts from January 1, 1983 to and including January 1, 1984. 2. That the City Manager and City Clerk are authorized, directed and empowered to execute the document entitled "Rider 'A' Amending the Memo - randum of Agreement, Big Timber Road - -Fox River Bridge Between City of Elgin and County of Kane Entered into on October 4, 1976" attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July .14 1982 Adopted: July 14, 1982 Vote: Yeas 6 Nays 0 Recorded: At est: f arse a rman Marie Yearman, City Clerk 329 330 VOLUME XLVI1 REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue Report April, 1982 Traffic Committee Minutes, June 10, 1982 Operations Report - Transportation Department Building Permit Report June, 1982 Public Property and Recreation Board Minutes June 22, 1982 Water Department Report June, 1982 Councilman Gilliam made a motion, seconded by Councilman Hansen to place the above mentioned reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT OF THE COUNCIL MEETING AND RESUMPTION OF THE COMMITTEE OF THE WHOLE MEETING Councilman Kirkland made a motion, seconded by Councilman Gilliam to adjourn the Elgin City Council Meeting and resume the Committee of the Whole Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. The meeting was adjourned at 9 :25 p.m. r. t Mar a Yearman City Clerk VOLUME XLVII July 28, 1982 331 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 28, 1982, 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. Carleton C. Rogers of the First United Methodist Church, and the Pledge of Allegiance was 'led by the City Manager. 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 JULY 14, 1982 COUNCIL MEETiNG APPROVED AS PUBLISHED Councilman Gilliam made a.motion, seconded by Councilwoman Nelson to approve the July 14, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. Abstained: Councilman Waters, who was not present for the subject meeting; BID FOR THE GENERAL C AIN Leo Nelson: Before you award any bid I think it would be appropriate to first of all reject the low bid of John Unruh Construction, since he has requested that you not consider his bid and further, if you are inclined, to return his bid check. Councilwoman Nelson made a motion, seconded by Councilman Hansen to reject the John Unruh Construction bid and to return the bid check to the company. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. MWO IN COMMUNITY COLLEGE Councilman Gilliam: I move that the bid be awarded to the low bidder, P. B. Verdico, Inc., in the amount of $1,253,195,00. Leo Nelson: Well that is the base bid, but somehow you are going to have to consider these alternates. I think you have the Architect's recommendations, it might be simpler to award the bid to the apparent low bidder, P. B. Verdico, Inc., and include the alternates, unless you want to handle them item by item. Councilman Gilliam: I move to amend the motion to include the architect's recommended alternates. 332 VOLUME XLVII Councilwoman Nelson I second that motion. Mayor Verbic: In other words you are making a motion for P.B. Verdico, Inc., to receive the bid and then the architect's recommendation for the alternates. A motion has been made by Councilman Gilliam, seconded by Councilwoman Nelson that the low bid of P.V. Verdico, Inc., be accepted along with the recommendation of the architect. Councilman Schmidt: I think it would be fair to say that part of the alternates that are being picked up will be paid for by the Elgin Community College. Councilman Waters: I would just like to explain that because of a possible conflict of interest it would be my intent to abstain from the vote on this. Councilman Hansen: I will be voting no on this bid awarding, not because I have anything against either the architects or the general contractor involved. I am against the project in principal and I have expressed that before and that is a part of the public record. I.am in possession of some statistics that I have been told over the past year were unavailable, which I think are pe "rtinent and important to this issue, and I think now is the time to make them public. I have received from the Illinois Department of Revenue the gross amount of local sales tax generated by the forty -five businesses that are located in our downtown core. I think it is important to put this total gross sales tax revenue in prospective in relation to the expenditure that "we are about to embark on for the Sear's renovation. For the period from October 1, 1980, which is about the time that Spring Hill Mall opened, until September 31, 1981, which is one year, these group of businesses in our downtown area generated in city local sales tax a grand total of $299,859.55. I think that if we put this into perspective we could say that we are spending on interest alone, on:the renovation bill for the Sear's Building, as much as we collect in sales tax from our downtown merchants. Now I am not saying this to belittle the downtown sales tax that is generated, we appreciate all the sales tax, but I am saying that I think that in the future we as a body are going to have to address the issue of putting into perspective how much:of our city finances and resources that we are going to devote-to schemes like this in an attempt to "save the downtown ". I would just like to have this made part of the record as a pertient piece of information which I think we can refer to and use in evaluating in the future. VOLUME XLVII Mayor Verbic: I have been very vocal and have expressed my opinion on many occasions in regards to this and I am going to be voting no and many of the reasons have been mentioned by Councilman Hansen. I basically donot feel the city real estate taxes should be paying for the education of only 40% of the Elgin youngsters attending the school and they should be paying for 60% of those outside of the district. There are other reasons that I won't go into, I have made,them public already, but that is my position. Yeas: Councilmen Gilliam, Kirkland, Nelson and Schmidt. Nays: Councilman Hansen and Mayor Verbic. Abstained: Councilman Waters. Mayor Verbic: Reverend Schiffmayer, l sure as you look back to July 13, 1962, the time has passed very quickly. I know that you have endeared yourself to many members of the Elgin Fire Department. Fortunately we are all here this evening to say thank you to a man who has graciously given of his time and efforts to people who deserved it in a time of need. join with the Council and administration in thanking you for your past efforts. We truly appreciate it and one of the few ways that we can express our appreciation to you is by a Resolution, whereby we are expressing appreciation to the Reverend George F. Schiffmayer for service as Fire Department Chaplain. Reverend Schiffmayer: Thank you very much. I would like to say in response something that has been said many times before. I wish that my mother was here, she would have loved to have heard this and she would have believed every word of it. I wish also that I could sincerely believe that I was deserving of this, but none the less i am profoundly grateful for your goodwill and your good wishes. 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. 333 334 VOLUME XLVII RESOLUTION EXPRESSING APPRECIATION TO THE REVEREND GEORGE F. SCHIFFMAYER FOR SERVICE AS FIRE DEPARTMENT CHAPLAIN WHEREAS, on July 13, 1962, the Reverend George F. Schiffmayer was appointed to serve as Fire Department Chaplain; and WHEREAS, the Reverend George F. Schiffmayer has served as Chaplain to the Fire Department with honor and distinction for more than twenty years; and WHEREAS, the Reverend George F. Schiffmayer has provided necessary spiritual guidance and counseling to members of the Fire Department of the City of Elgin; and WHEREAS, it is appropriate to formally recognize the contribution made by the Reverend George F. Schiffmayer as Chaplain of the Fire Department of the City of Elgin; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby expresses its appreciation, on behalf of the City of Elgin, its officers, employees and residents, for the service and dedication rendered by George F. Schiffmayer as Chaplain to the Elgin Fire Department, S/ Richard L. Verbic Richard er ic, Mayor Presented: July 28, 1982 Adopted: July 28, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk APPROVAL OF PETITION 6 -82 Jerry Deering: Petition 6 -82 concerns land located on the south side of Fox feet west of North McLean Boulevard. subject property is office; research for Universal Chemicals and Coatings, TING A RE IC approximately 20 acres of Lane, approximately 1700 The proposed use of the and manufacturing facilities Inc. Both the Community Development Department and the Elgin Land Use Committee have recommended the approval of this Petition. Should you have any questions Mr. Bill Weaver is here on behalf of Universal Chemicals. VOLUME XLVII Mayor Verbic: I would like to say to those who are here this evening, the Council members and myself have had a little work to do since Friday when we received all this information, and this is all the transcript of the Land Use Committee meetings which were held previous to tonight's meeting. This contains location maps, petitioner's statement, letter of objection, finding of facts and the two transcripts. So we have all had the opportunity to become well acquainted with this subject. If there is anything to be added tonight you will have that opportunity. Ronald Schulz, Co- President of the Reorganized Century Oaks West Homeowners Association: I have in my possession a petition, which simply reads, we the undersigned object to a change of zoning from R -4 to M -1 regarding the Petition 6 -82, and it bears 275 signatures. 335 Attorney Warren Storm; I am here this evening on behalf of many of the members of the Century Oaks West Homeowners Association and that subdivision which consists of approximately 500 homes, 800 feet south of the parcel which is proposed for rezoning. I don't want to add factual data, I know the public hearing process and this matter started on June 7th, continued on the 14th and the 21st. I would ask for just a couple of moments to present the posture of my clients and what they would ask that the Mayor and Councilmen consider in passing on this request. First of all they oppose the rezoning from R -4 to M -1. I think everyone is familiar with the general provisions of your zoning ordinance, Chapter 19, but I would like to emphasize certain language that says one of the purposes is to prohibit uses, buildings or structures that are incompatible with the character of the residential,business, or manufacturing districts. In reviewing the data that has previously been presented and in looking at the comments made by staff of the City, there is a lot of mention made about the fact that there is M -1 property that is zoned to the west, there is some M -1 property zoned to the south, there is some residential to the east and a small piece to the north, but the factor that concerns my clients is they are there, the use has been converted to their homes and they live there. The manufacturing to the west has not been reduced to a use, its been zoned for ten years, its vacant land. The same is true of the property to the south and to the east. So when they ask that you consider their concern they are doing it not as a non- resident person, they are doing it as owners of homes that are dealing with a problem in their back yard and they believe that a paint factory, be it an office research head- quarters facility in addition, it is still a paint factory and that concerns them, and they are asking that the Council consider the following: Does it follow the basic tenance of what the City of Elgin has said it wants to do with regard to it's zoning process. I know that the City of Elgin has not completed it's comprehensive plan 336 VOLUME XLVII for the incorporated. areas. They completed the mile and a half plan approximately a year and a half ago. If you look at what that plan talks about and what the concepts that are supposed to be foremost in the minds of staff and the city when they consider zoning changes, I think you will find once again it addresses a concern of my clients. On Page 62 of the comprehensive plan you have adopted it says most industrial uses have left the downtown area because of present manufacturing technology, which requires large parcels of land. The railroads, the auto, the highway system have permitted industries to locate together in planned industrial parks, which meet current accessibility and land requirements. That is our concern, we have 150 acres of M -1 to the west, this piece is one - fourth of an eighty acre tract under common owner- ship, the balance of the property between the 20 acre parcel and my clients' property, owned by the same owner, and I am asking the question, where is the plan. I think the whole concept of zoning is you take area when you have enough space and you don't deal with small tracts, you don't do it piece meal. We are concerned about the fact that there is no plan other than to zone this 20 acres M -1. How are we going to deal with the traffic problems, they are glossed over i.n my opinion in the fact finding process that has been presented todate. How are we going to deal with the access, there is talk about the City maintains Fox Lane and that will be the access, it needs work but we won't do it now because we will have the opportunity to do it down the road when the balance of the property comes in for subdivision review. would refer you specifically to information that is in your packet, which is dated June 14, 1982, and is basically a background statement prepared by the Community Development Department of your City. If you will refer specifically to paragraph F the comments there bother me a lot. It says the City department was initially concerned with the proposed 20 acre rezoning because it was a piece meal approach to the development of the entire 80 acres. However, it must be emphasized they say, that any additional parceling of the subject property, or the remaining 60 acres will be subject to subdivision regulations. During the subdivision review process the city will have the authority to insure the provision of streets and utilities for the entire 80 acre site. Talks about then we will consider the issues of buffer zones and step -down zoning from an M -1 industrial use to an R -4 existing residential use. I have to ask a question, why were they initially concerned with the piece meal approach and then the process which has only been underway 60 days, the application was'nt even submitted until May 7th. Why has concern over the piece meal approach disappeared and why if the basic tenant of the planning process is you take an area, work out a comprehensive plan of access, traffic, zoning buffers, setbacks, why we are not doing that on the 20 acre parcel. Why are we saving that process for the 60 acres between this piece and the residental homes, which I represent. VOLUME XLVII 337 Page 39 of the comprehensive plan says incompatible land use s patterns are fostered by piece meal expansions and other unplanned use decisions. There is no plan, other than let's give the 20 acres.M -1 and we will worry about the subdivision access and other problems down the road. I don't think that is the proper method and I think that more than 60 days has to be devoted to working out these problems. Then we get down to the issue that is the most emotional with the people that live there. By any other term under your comprehensive plan you have two kinds of manufacturing districts. One which you classify as M-1, which is office research - limited manufacturing. One that is called M -2 general manufacturing, which is really the most intense use you can have. What do we really have here, we have an office, research headquarters complex, we also have a complex.on 20 acres with a present stated purpose of a two million gallon production per year, going to five million, and who knows. We cannot ignore the fact that the manufacturing process here is a paint manufacturing process and there are some dangers attributable to that and l think that makes the matter of access . and the planning of this industrial area that much more important. Even though no one wants to be anti growth and anti industrial development, you cannot ignore the fact that to my clients it is a paint manufacturing. facility. Secondly, my people have reduced the zoning classification to use, they are in their homes, they occupy it. Thirdly, I don't!-think the access and subdivision issues design ought to be pushed down the road for any use much less this type of a facility. How are we going to down the road, when we have what I consider a piece meal solution to the problem, deal with the 100' setback requirement, the 300' screening requirement, because we had a large area of property to deal with. Now we have squeezed it into 8001, are we going to build our buffer zones from M,to Commercial to B -2, B -3 uses, to the multi- family residential, are they all going to fit, or are we going to say two or five years down the road. I would ask that the Council send the issue back through the planning process to address those questions. Jim Gries, 47 Devonshire Circle: I have a problem with what he just said in that I am a resident of Century Oaks West and he calls his clients and then he talks about residents. I know there are quite a few of us who would rather have that land M -1 with proper buffering, burm and a fence and some landscaping. First he said he represents Century Oaks West Homeowners Association. was very involved with that organization three years ago when for all purposes it stopped, As Mr. Schultz said he is the co- president of the reorganized Century Oaks West Homeowners Association, whose main purpose was to fight this zoning change. feel bad that someone is using an organization that was originally started as a social organization to be brought in to say it is fighting the zoning. 338 VOLUME XLVII Also they had 275 names on their petition for 500 homes. I do not think that is very many adults for 500 homes opposing it. Those of us who believe that M-1 is not a bad thing for our neighborhood are not organized, but I want the Council to know that we do not have that lawyer represent us, this is not the Century Oaks Homeowners Association, and that some of us do feel that M -1 is the proper way to go, with proper buffering. Bill Weaver, representing Universal Chemical: I am the general counsel, member of the board and a stockholder and I have been involved with the company since it's inception about 15 years ago. I think I have something to say, not only to you for the record, but also to the many residents who are here tonight and that is this is a company that comes to be their neighbor and hopes to be a good one. We want to build a plant but we propose to build a and to run a clean operation, as evidenced by what Elk Grove Village. I have gone back and read some of the hearings that have taken place todate and l do find it a little troublesome. As you go thro do find an awful lot of loaded words and I think a has been blown out of proportion. clean plant we do in of the transcript must say that igh those you lot of this We are a chemical coating company that does container alignings for containers for food. We do sidings of various kinds that are used for residential homes, which is very carefully controlled by E.P.A. and OSHA standards and there has been testimony to that effect. think that probably with respect to what Counselor Storm has said, I can well imagine that the City Council and the Land Use Committee and the residents would all be happy if there were a comprehensive zoning plan that existed, but we are also constrained to deal with realities and the fact of the matter is that there is not such a plan and there has been a petition presented by °a particular petitioner and that constrains the Land Use Committee and this Council to make a judgment about what is in the best interest of the City of Elgin. So you have to try and balance the interests between these home- owners and between the City and between the Petitioner. I think that decision has been made by the Land Use Committee and it's recommendation`to you that carefully analyzed this situation and recommended the zoning change. I think that is predicated on some of the things that I have said about what we propose to do and the fact that we bring something to this party, in terms of the City's tax base, the employment that we provide and the kind of operation that we contemplate running. do want to reassure the Council and the members of the community that we are anxious to provide an effective, clean, attractive operation that the City can be proud of and that can constitute in part a %C�ntr IUULI ini to the IIfe Of the City, financially and otherwise. VOLUME XLVII 339 Edward Kelly, Elgin Chamber of Commerce: I am here tonight testifying in support of the M -1 zoning for the 20 acre site for proposed use by Universal Chemical and Coatings, Inc. For some time now we have recommended that the land along Fox Lane and west of North McLean Boulevard be developed for office or for light industrial. As it has been pointed out this area has been' zoned R -4 since 1972 and there has been no residential development in that area. Land to the no -rth and west is presently zoned M -1. It was our contention in testimony we presented at the Land Use hearings that the residents of Century Oaks West would be much better off served with M-1 development rather than R -4. There are a large number of people in the Century Oaks West area that support rezoning to M -1. It appears to me that there should be only one issue to be considered tonight and that is should this property be zoned M -1. However, due to misinformation some residents of Century Oaks West are attempting to make Universal Chemical the issue. have been working with this firm since August of 1981. 1 have walked around their building in Elk Grove and I have detected no odors. The inside housekeeping is neat and clean. This firm has presented full information to the City and to the residents of Century Oaks West at two meetings. They plan to build the most modern plant present technology will allow. They have been good citizens in Elk Grove. They are considered the Cadillac in their industry. President Chin enjoys a world wide reputation in several prominent trade associations. Their Elk Grove plant and headquarters are now located in a highly dense industrial/ commercial and multi family area. have been unable to detect any areas of concern on the part of Elk Grove people or the businesses there. The proposed use of this property is allowed under M -1 zoning classification. The proposed plant is 1200 feet from the north boundary of the Century Oaks West and it will use waterbase solvents in a closed process. They will have to comply with all federal and state safety environ- mental regulations. If the City of Elgin is not going to permit this firm to build a plant 1200 feet from residential areas, then it seems to me we ought to amend the M -1 code and not allow any industry of this type in the City of Elgin. Bill Werst, 2245 South Street: I am the President of the College Park/McIntosh Homeowners Association located in another corner of the City. I am not here tonight in an official- capacity, I am speaking personally. I have looked over this site and the current zoning that is there, the requested zoning change, the proposed land use of the City, it's proximity to the single family homes. The Land Use Committee dealt with the issue that was brought to them. However, I think they more fairly should have dealt with the entire parcel as Attorney Strom mentioned. I think that at this point to go back to residents of the community and take a piece meal approach 34o VOLUME XLVII to the situation is being unfair to the residents of the community. f._..., It is also being ;unfair to manufacturers looking to locate within the City of Elgin, not knowing what circumstances are going to develop to be around them also. I feel that the City and the Chamber of Commerce could handle industries with more difficult standards for the E..P.A. and environmental - controls and move them into areas where there would be a minimum impact on the surrounding areas in zon :i :ng so as to less effect the residents of the community. I think Mr. Kelly referred to changing the Mil zoning, I don't think that we need to discourage this type of a business, I would .like to see Universal Chemical locate in Elgin, However, I don't think that the present site that is under consideration would be to the best interest of the community. I would like to recommend that the City staff and the Chamber of Commerce look to find a more suitable site for the plant. Councilman Waters: In the transcript of the June 7th meeting there was a question raised about the sanitary sewer system and the capacity of the sewer system in handling this development and I could not find where there was a response to that, was there a response. Jerry Deering; first of all very technically sewer has nothing to do with the rezoning, However, in answer to your question a sewer line has been extended along the North line of Century Oaks West, It is my understanding, and we have recommended that Universal Chemical talk to the Sanitary District and it is my understanding that they have met with them and that there is capacity and lime for their proposed use. My further understanding is that there are some limitations in the -line and that those limitations may be magnified if the entire 80 acres up there were to:,be developed as multi family, Councilwoman Nelson: I understand that in this kind of an industrial factory that they do wash which will go into our sewer system. What chemicals would that involve. Jerry Deering: It is my understanding it is entirely a closed system, there are no wastes that would be going into the sewers. Fred Chin, Plant Manager for Universal Chemicals: To answer your question, our system is closed. We do have a washing process, our process is a batch process and once a batch has been completed our tanks are cleaned with a cleaning fluid, that particular cleaning fluid is sent out and recovered, so there is'nt anything dumped down the sewer. The only thing that would go into the sewer system would be human waste or non - contact cooling water. Councilman Schmidt: I would like to address something to Mr. Kelly. It is my understanding that you have been working with these people for about a year, did you show them any other type of land that was available which was already zoned M -1, and if you did why did they refuse that. VOLUME XLVII 341 Edward Kelly: I did not show the property, I know they did tour the community and look at the various sites, but they employed a realtor for that purpose. Councilman Schmidt: It concerns me that we are going into a rezoning and in my viewing of it, it looks to me like it is spot zoning, which I do not appreciate, and I feel that there is enough M -1 area that this company could locate in. Also I noted in the transcript that the Elgin School District will not benefit from this location, that will go to the Dundee District and think that is another reason why I will be opposed to it. Councilman Kirkland: Jerry, what kind of alternatives did you consider when this company applied on this particular 20 acres in connection with coordinating that with the full 80 acres. ' Jerry Deering: For quite some time the Community Development Department and the Planning Committee have felt that property ultimately should be developed for manufacturing purposes. When they first came to us, again we were a little concerned about and I hate to use the word piece meal, but a piece meal approach to the entire development of the 80 acres. Under the State Plat Act, the current owners of the property, Miller Davis, have the right to divide it off one time without a subdivision review by the City of Elgin and this is what is being done here. That is why there is no subdivision review, they are simply going to parcel underethe -Plat; -Act. In the future should the 20 acres be pa- rceled or the remaining 60 acres be parceled, it must come before the City Council for review, and at that time the City will have the authority to provide for whatever it wants. We felt that the sure distance of 800 feet in this point of time was an adequate physical separation buffer. I guess that our feeling was that 20 acres contiguous to a large industrial area to the west and to the east was hardly a spot. Councilman Gilliam: I will support the development. My main concern was and my concern that I heard from other people, would there be chemical, pollution of the sanitary system, or the area, and I have been convinced by Mr. Chin that there will not be. I also agree with Mr. Greis that I would rather see a plant there because of the tax base, it is going to provide jobs for the City of Elgin and we would not have a lot of homes and apartment buildings that are a deficit to the City instead of an asset to the City. When you have an apartment buildings and people they do not provide an asset'_. to the City, they make services for the City. This will provide a tax base which in essence would relieve or help the City of Elgin not only with jobs but with taxes for the City, and for that reason I will support the amendment. Councilman Hansen: I do have one question for Mr. Greis. It never was clear from your presentation whether you are in favor of the present petition. I heard you say that you are in favor of manufacturing M -1, are you in favor of having M-1 on that parcel and the rest of the parcel remaining R -4. Mr. Greis: We are hoping that the remaining will go as the City recommended Mml, my neighbors and I that live around me. I have 342 VOLUME XLVII attended all the meetings from the first zoning meeting on and as a matter of fact I was one of the five people that asked for an informational meeting on the zoning because at the time was against it and anyone changing the zoning with only two people in our neighborhood being notified. At two meetings after that I did state that I am in favor of the rezoning. Councilman Hansen: In spite of the fact that the R -4 would not have to come before a zoning meeting such as this if it wanted to develop as R °4e You do realize that. Mr. Greis: I do realize it can, I also realize that the City of Elgin Planning Commission has recommended M °1. I do not feel that anyone would develop 60 acres, or could afford to develop 60 acres right now in one parcel. They would have to come before the Zoning Board and subdivide. Mayor Verbic: I am going to be on record for supporting the rezoning also. I have went over to the site, I have looked at it. I have been over to Elk Grove Village to see the plant, which has been over there for a great number of years and I am quite satisfied that the zoning itself in approximation to the other areas of M -1 is a good change as far as development of that area. I think that the use of the area will be much less and there will be much less demand on services. I have been very pleased to read in the records about the fact of reusing the water for the paint manufacturing and I think the maximum height of 26 feet is a positive factor in the construction of this area of this development. I also like the description of what they plan to do as far as the burming. These are: >some of the positive factors which I see in this particular rezoning. Councilman Hansen: I am going to oppose this rezoning. I believe it is a piece meal approach and I believe the City is giving up opportunities to insure the orderly development of the whole 80 acres. I believe as we split off these little pieces anyonelwho is going to develop will have to amortize the screening and buffering over a smaller and smaller number of acres and in the long run that may be a hinderance to the future development. I also believe that we are forgetting the fact that when we approve this that someone can come in and put 14 units per acre on the remaining 60 acres without asking any permission or questions and I think then we might have the worst of two worlds. One other factor in my decision here is, and this is brought out by Attorney Strom and that is the houses were there first and I always think that here in America that the people who are there first have some rights. VOLUME XLVII 343 I have nothing against Universal Chemical l would like to see them locate in Elgin at another site that would be more conducive to a pleasant neighborhood surrounding. Councilman Kirkland, I am going to support the petition and don't think l can add very mueh- reasoning. I think the M -1 change in that area is positive and makes sense and I don't think the one 20 acre break -off is a problem considering that both parcels would then be subject to subdivision regulations for further development. Frankly, just from reading the transcript I just did not pick up the fears, substance for the fears of odors or toxic problems or things like that and I have not picked that up tonight. All I can do is review the transcript and listen to what I have heard tonight and judge by that. Councilman Gilliam made a motion, seconded by Councilman-Waters to approve Petition 6 -8,2. Yeas: Councilmen Gilliam, Kirkland, Waters and Mayor Verbic. Nays: Councilmen Hansen, Nelson and Schmidt. OVAL OF PETITION 7 -82 R €OUESTING A ICT Jerry Deering: This petition concerns approximately 15 acres located on the south side of East Chicago Street. The subject property is comprised of the property on which Visa is located on and property owned by McGrath Buick. Both the Community Development Department and the Land Use Committee have recommended the approval of this request to rezone. Councilman Gilliam made a motion, seconded by Councilwoman Nelson to approve Petition 7 -82. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. APPROVAL OF PETITION 9 -82 REQUESTING AN AMENDMENT TO AN R -4 GENERAL RESI- DENCE DISTRICT SPECIAL USE FOR AN ALCOHOLIC TREATMENT SANITARIUM, PROPERTY LOCATED AT bOO VILLA ST. Jerry Deering: The subject property is located on the north east corner of Villa Street and Liberty. The proposed amend- ment is to include non - hospital detoxification and adolescent primary alcoholic rehabilitation program, including related substance abuse treatment. Both the Community Development Department and the Land Use Committee have recommended the approval of this petition 344 VOLUME XLVII subject to the two conditions outlined in the material and these f,,... would be two additional conditions to the existing special use ordinance. Attorney Jeff Rifken,.representing Lovellton: The Land Use Committee minutes are before the Council and therefore I am sure that any information that I would give you would be repetitive. I have here with my tonight, if there are questions, Pat McAllester, who is the Director of Lovellton, as well as Dr. Robert Simon, who is the medical director of the program. To my knowledge there is no neighborhood objection whatsoever to this change in use. Mayor Verbic: I am going to abstain on this because I am a member of the Board. , Councilman Waters: I find it interesting that the neighborhood would not object to the petition that is being submitted tonight and yet would object to a post treatment transitional living facility. Here we are talking about a treatment facility and I just find it interesting that the neighborhood would not object to the pet1t1on here tonight but would object to a post treatment facility and also the Council. Attorney Rifken: We had the benefit at Lovellton relative to this petition of having the neighborhood know the type of operation that we had because they were able to see Lovellton in action for a substantial amount of time. I think that when that initial issue came up the unknown is always more foreboding than the known and I think that in our case has worked much to our bene'f'it. Councilwoman Nelson made a motion, seconded by Councilman Kirkland to approve Petition 9 °82. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Waters. Nays: None. Abstained: Mayor Verbic. RESOLUTION ADOPTED AUTHORIZING AN AGREEMENT WITH COMMUNITY COLLEGE DISTRICT NO. Counsel Jentsch: I would like to call your attention to certain editorial revisions that were made in the agreement as approved by the College Board. They are onlyy editorial and on Page 4 of your draft agreement under Article 4 there is a paragraph desig- nated as B) followed by C) and if you will look at the third line from the bottom of paragraph B) the third word from the end "it is their intent, etc. ". The revision is to strike everything from that point down to the third line, which is designated on your copy as paragraph C), before the letters ECC. It would simply read then "In the event the State Board denies ECC authority to enter into such an agreement the parties agree that ECC shall have the option of extending the term of.the agreement, etc. ". Councilman Hansen: Is it the intention of the ECC Board to annually appeal to the State Board and is this still in the lease. VOLUME XLVII 345 Counsel Jentsch: As I understood their obligation they would immediately seek permission from the State Board to lease for ten years with an option to purchase, and if that is not granted then this option would take effect wherein they would annually exercise the option of extending the lease for another year and then still be within the five years authorized by law to enter into the lease. Without State approval they can only bind themselves for five years, so if they don't get the ten year approval from the State the revision would provide that they would only be an option not an obligation because they do not have the right to commit themselves at this point. Councilman Hansen: So they are in fact not obligated to extend the term on an annual basis to always have a five year lease in front of them. Counsel Jentsch: Without permission from the State, they do not have that authority. Mayor Verbic: And if they do have the authority they still do not have to exercise it. Counsel Jentsch: If they get the authority then the agreement will be for ten years on the lease. They will not be obligated to purchase. They have the right to lease for five years without the approval of the State. They can acquire the authority to lease for a period of ten years with the approval of the State. They also need the approval of the State to enter into an agreement whereby they secure an option, an option is simply that, it's a unilateral decision, they are not obligated to do it, but you are right in the last analysis they would not be obligated to buy the property and if the State does not consent to a ten year lease, they would not be obligated to lease for more than five years. Councilman Hansen: I have one more question and I am looking at Page 3, Are you saying Counsel then that if the State Board, which ECC is obligated to, with all diligence petition for permission to enter into a ten year agreement and for them to purchase the premises at the end of the ten year lease, are you saying that if the State Board grants them that permission that they are not obligated to exercise it. Counsel Jentsch: They are not obligated to purchase, they would be obligated to lease. Councilman Hansen: Then under the terms of this agreement will they be obligated to purchase the building or will they never be obligated to. Counsel Jentsch: They will not be obligated to purchase the building unless they exercise their option within the time provided for in the contract. Councilman Hansen: So the permission from the State Board does not bind them to purchase the premises. I was under the under- standing that it was the clear intent to the ECC Board that if 346 VOLUME XLVII the State granted them permission to enter into a ten year agreement to lease the premises and to purchase the premises at the end of the ten years that then they would in fact be obligated to purchase. Counsel Jentsch, My recollection was that they would under those circumstances at some point within the lease period exercise the option but the State permission does not require them to do that. Leo Nelson: This question comes up repeatedly and I think that if you would check earlier minutes you will see statements made by me, if they are on record, that we have never ever talked about a lease that would obligate ECC to buy anything. It has always been an option. The only thing we did with this last revision, and I think I pointed it out to you at the last meeting, that we built in some, call them disincentives if you like to, that after the five year period if they do not exercise- their option at that point, they begin to only receive a 25% credit of their annual rent toward the purchase price and that is the so called disincentive. I think also at the end of the five year period we have the right to withdraw and they would lose their option to purchase if they failed to purchase. I think the concern was that most of you did not want to wait until the end of the ten year period to find out if the College was finally going to exercise it's option. So we have constructed i:n such a way that they will begin again to lose some of the benefits of the earlier lease if they don't exercise at the end of five years, thats all it has ever been. Councilman Hansen: It was my understanding, and maybe I am incorrect, but I believe that the ECC Board is at least on public record, I believe in a work session, indicating that if they got permission. The only reason they did'nt buy the building is they did not have the authority from the State Board of Higher Education and I thought that they made a commitment that if they did get that permission and they did agree to diligently seek it and if they did get it from the State Board of Higher Education that then they would in fact purchase the property. Is this a movement on the part of the ECC Board away from that, at least that intention, that perceived in their discussion, Councilman Waters: May ,I suggest to Councilman Hansen that the meeting that you are referring to was a work session, and if comments were made they were made by individuals and not as a Board, as a work session they would not be obligating the Board as a whole. I don't believe the statement was even made as a suggestion that the Board was in consensus with that. There may have been individuals who suggested that and I think Dr. Hopkins may have indicated that it would be appropriate for the Institution, but I don't believe that the Board in any way obligated itself to that decision. VOLUME XLVII Councilman Hansen: Let me regarding this lease, and issue of this particular f the commitment to purchase gives them permission. 347 ask you this then. In the negotiations I believe that we as a Body made an nature. Did the ECC Board resist the premises, if the State Board Leo Nelson: The discussions that I had with the representatives, categorically yes, in every instance they said that they would provide in the lease an option to purchase. They never indicated that they would accept an obligation to purchase, I think simply because they don't know if they have the money to purchase, except to purchase it through the lease purchase provisions in here, even though it is not a lease purchase agreement, but it has always been discussed an option. Councilman Hansen: Then my only comment is that Article 3 of the lease, which charges ECC to seek State Board, approval is an empty article. It has absolutely no teeth in it, it is entirely one - sided. We could strike it out of the agreement and we would have just as good an agreement as with the thing in it. Leo Nelson: If the ECC Board is ever going to consider the purchase of it they have to seek State Board approval. If they don't seek it and don't receive it they could not exercise an option even if they had an option in the lease. Councilman Hansen: It says here that upon the execution of the agreement ECC shall within 30 days file a written petition with the Illinois State Board of Higher Education seeking the following, and I even read in here that they are going to do this diligently, shall submit all applications, affidavits, etc., ECC shall in good faith proceed expeditiously to secure such State Board approval and shall keep the City advised in writing of the status of such approval requests. Apparently they don't have to really do that. Counsel Jentsch: Well they have to do that part but they don't have to exercise the option which the State may approve. Councilman Hansen: I guess what I am really saying that they have resisted a commitment that I thought was present in this Board to stay downtown for ten years and eventually purchase the property, if they could get the permission. Councilman Waters: I would just make the point that in the Council discussions it has always been my understanding that what we were directing the city staff to prepare and negotiate with the College was a lease with an option to purchase; Mayor Verbic: Initially I was led to believe that this would be a clear cut situation of purchase if approved by the State Board. Councilman Schmidt: That was my contention too, and that is what more or less changed my vote. Dr. Hopkins stood right by the microphone and I understood him to say that. 348 VOLUME XLVII Mayor Verbic: That is everything which I heard and along those lines and when I read this over I was very disappointed because we have no means fbr -this purchase, they have an option and that is it. Councilman Hansen: I make a motion that we table this item on the agenda until we get a clarification of the clear intention of the ECC Board back to us. Councilman Schmidt: I will second that Yeas: Councilmen Hansen,, Schmidt and Mayor Verbic. Nays: Councilmen Gilliam, Kirkland, Nelson and Waters. Leo Nelson: I don't know how you are going to vote on this but if you don't approve the lease you have a bid that you authorized tonight and you are going to- have -a renovated building and no tenant. Councilman Gilliam: Let me say this, we stepped out here and there are some of us who want to nit pick and put this under a microscope and you can always find something wrong, but we are all big boys and we stepped out here and made our choice. We have gone down the road and to step back and say now we are going to back out after you have had a.lease, we made a commitment and if you misunderstood it _I don't see this as a:big enough deal to stop a million dollar contract because I. don't think that you are going to .go back to ECC and you are going to commit them to buy this. If you don't get the commitment are we going to say then the whole dead is off. Mr. Mayor, is they did that would you change your vote and vote for the affirmative. Mayor Verbic: No I would not, I am just discussing the lease. Councilman Gilliam: If this change will make you or Councilman Hansen vote in the affirmative I think that is one thing, but if you are still going to vote no any way what is the sense of going back. Mayor Verbic: I think we are trying to protect the city so that we do have a buyer for a singularly improvement of a one use situation. I am looking at the lease and we are left with nothing, all I would like to do is get some kind of a firm commitment. Councilman Schmidt: The only reason I seconded Councilman Hansen's motion to table I would love to have gone back and read the transcript of the meeting that took place of the debate between Dr. Hopkins and Attorney Robert Kramer. That is where I was under the impression that they were going to buy the building. Leo Nelson: The lease that you received at the last Committee of the Whole Meeting is identical to the lease that you have tonight, save the one correction that the Corporation Counsel recited, and VOLUME XLVII 350 that lease was voted up at the Committee of the Whole Meeting on a 4 -2. So nothing has changed except that language. Councilman Hansen: Yes, but that is an important change. Councilman Kirkland: Do we have fairly quick access to the minutes involving Mr. Kramer and Dr. Hopkins. Clerk: They are in my office. Councilman Gilliam: I am willing to stay here tonight and go through those minutes to resolve it now because I don't want to postpone it for a week or two, I think it is too important and we have too much to do. Councilman Waters: If the intent is to obtain a positive intent, a positive expression of intent from the Board of Trustees of Elgin Community College, are you asking that this expression of positive intent be in the lease as an obligation or are you asking this as a resolution from the Board indicating their intent. Are you satisfied with a resolution expressing intent, or are you in fact asking for an obligation in the lease. The reason I am asking this question is because in fact the Board cannot obligate itself at this point to purchase the building, if it could obligate itself then it's a whole different situation, but it is not in a position to obligate itself. Councilman Hansen: We realize that the ECC Board at this moment in time cannot obligate itself to purchase this building because they have their hands tied by, and it is apparent in this lease, the Illinois State Board of Higher Education and this lease clearly says that ECC will petition for permission to lease it for ten years and then exercise an option to purchase it at the end of this ten year lease. Now we realize there is an if here, all I am saying is if the if's get out of the way, if the contraints on the ECC Board are removed, then what objection do they have of leaving Page 4 the way it is, I guess I am getting a- feeling here of a change in their commitment because if they want to petition the State Board', then they must want to buy the building, well why don't they just say that. Councilman Waters: Councilman Hansen, let me ask you the question. What is it that you are asking for in the lease in terms of an obligation, if in fact there are two obstacles to the Board obligating themselves at this point. One is the approve from the State and the State Statutes and number two is the financing of the project. Councilman Hansen: Then why was'nt those facts then brought out in the public hearing by Dr. Hopkins and the Board members that were here that evening. Councilman Waters: It was. Councilman Schmidt: That is why we should review those minutes. The Mayor called for a recess so the Clerk could get the minute books. 351 VOLUME XLVII Councilman Hansen: In the transcript it says, and ► addressed the question to Leo, could you elaborate a little on the option to purchase at the end of the ten year period. Is that a commitment on the part of the College to purchase that building. (Mr. Nelson's reply from the minutes) Well of course there is no commitment because there is no lease, but I am told by Dr. Hopkins that they would immediately upon signing the first lease seek authorization from the State Board of Higher Education to enter into a second five year lease with an option to purchase the building at the city's_ cost. just read that to be a commitment on the part of Dr. Hopkins relaying to City Manager Nelson that with the authorization from the State Board that they would not fail to exercise the option, that in fact they would exercise the option. Councilman Waters: Lets clarify that because the first statement that was read was Leo reporting on a conversation with Mark. The second is Dr. Hopkins responding directly to the Council; Councilman Hansen read the following excerpts from March 17, 1982 Council minutes: "Dr. Hopkins: First of all it takes us about a three year cycle to work through our funding process. We right now are working on funding for the fiscal year 83 and 84. Our budget for this coming year is pretty well set. We get our money from two sources but it covers three funds, the first of those is our operating fund, and it comes, at least from local tax, from 172 of a local property tax. We then have a plant fund and that is funded by.72�. from a local tax. Site and construction fund is the third of those and that is designed for building, construction, purchase of heavy equipment and repair of present facility. I don't know if any business could tell you that they were going to have money ten years from now to make a purchase of a buildi -ng. One purchases options and then makes an attempt to find funding, at least that is the way we do business, and I think that is the way most people do business. We would like to have the option, we think it creates some flexibility for us. This is something that has never been given, at least to the knowledge of the community college board's staff in the State of Illinois, up to this point. Though they encourage us to come and ask for it because funding systems in the State of Illinois are changing now for community colleges. We now have had virtually no new construction money for community colleges i.n this State since before 1975. We certainly have had no money from the State here since 1973. The State now has a bill that they owe Elgin Community College of just less than three million dollars, based on a formula for State and local sharing of facilities on campus. The new vocational technical lab on our campus was built with the idea that the sharing would occur. Needless to say it has not, the State has had a difficult time with that. VOLUME XLVII 352 We need planning time in order to make sure that we in fact can meet an obligation of a lease purchase. Like most public enterprises that have taxing power given three to five years to make preparation for it we can generally make a major purchase, or we can make a major commitment, like moving into the Sears Building is for us, and I think you will remember the figures that we gave you the last time we were in front of you and also in that marathon Saturday session that you sat in on, we see the Sears Building, that first five years, as one point one million dollars of expenditure from community college funds, The reason that is so tight for us is because we don't see how we can plan with present budget and present problems with State funding for more than that amount and that is the reason there is no more money." Councilman Hansen: I can only say that my sense of what I perceived the ECC Board's position to be was that if they got the State's permission that they would exercise the option to purchase the facility and I see no reason why they are backing away from that. Councilwoman Nelson made a motion, seconded by Councilman. Gilliam to adopt the aforementioned resolution. Yeas; Councilmen Gilliam, Kirkland, Nelson, Schmidt. Nays: Councilmen Hansen and Mayor Verbic. Abstained: Councilman Waters. 353 VOLUME XLVI.I RESOLUTION AUTHORIZING AN AGREEMENT WITH COMMUNITY COLLEGE DISTRICT NO. 509 WHEREAS, the City of Elgin, a municipal corporation, is the owner of certain real property located within the City of Elgin, commonly known as 16 South Spring Street, Elgin, Illinois, and legally described as follows: Lots 7, 8, 9 and 10 and that part of Lots 5, 6, 11 and 12 lying Southwesterly of the Southwesterly right of way line of the Chicago and Northwestern Railway Company, all in Block 12 of the Original Town of Elgin, on the East side of Fox River, in the City of Elgin, Kane County, Illinois, including all, improvements' and structures thereon. and WHEREAS, the Community College District No. 509, a community college organized pursuant to Illinois Revised Statutes, 1979, Chapter 120, para- graph 103 -1, et seq. has heretofore determined that it is necessary and desirable to acquire, use and occupy additional classroom space to alleviate overcrowded classroom conditions at their present location by entering into an agreement with the City of Elgin to lease and /or purchase the premises heretofore described; and WHEREAS, units of local government and school districts are authorized by 1970 Constitution to contract or otherwise associate among themselves; WHEREAS, Illinois Revised Statutes, 1979, Chapter 30, paragraph 156, et seq. authorizes the transfer of real property between municipalities and school districts upon such terms as may be agreed upon; and WHEREAS, it is in the best interest of the City of Elgin to enter into an agreement for the purchase and /or lease of the subject premises by the Community College District No. 509. 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 an agreement with Community College District No. 509 for the lease with option to purchase of the premises commonly known as 16 South Spring Street, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic c r L. Verbic, Mayor Presented: July 28, 1982 Adopted: July 28, 1982 Vote: Yeas 4 Nays 2 Abstained 1 Recorded: Attest: s7 Marie Yea -than rie Yearman, City Clef VOLUME XLVII 354 RESOLUTION ADOPTED APPROVING THE 1982 M.F.T. RESURFACING PROGRAM Councilman Schmidt 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. RESOLUTION ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS 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. 355 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS VOLUME XLVII BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that William F. Barton be and is hereby reappointed as a member of the Land Use Committee for a term to expire July 1, 1985. BE IT FURTHER RESOLVED that Roy A. Bell be and is hereby reappointed as a member of the Land Use Committee for a term to expire July 1, 1985. BE IT FURTHER RESOLVED that Sigmund C. Ziejewski be and is hereby reappointed as a member of the Planning Committee for a term to expire July 1, 1985. BE IT FURTHER RESOLVED that Gary L. Kutina be and is hereby appointed as a member of the Parks and Recreation Board for a term to expire May 1, 1985. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 28 1982 Adopted: July 2A, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Ye rman, Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING PLAT OF EASEMENT 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 XLVII RESOLUTION ACCEPTING PLAT OF EASEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a certain plant of easement prepared by Howard A. Meadows, an Illinois Land Surveyor, and dated June 23, 1982, for water main purposes on the property located north of 830 -850 Summit Street, and legally described as follows: That part of the South half of the Southwest quarter of Section 7, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: . Commencing at the Northeast corner of Lord's Park being also the Northwest corner of the East half of the Northwest quarter of Section 18, Town- ship and Range aforesaid, thence North 2 degrees 00 minutes East along the line between the lands of Starrett and Walbaum, 1347.0 feet to the North line of said South half; thence South 88 degrees 00 minutes West along said North line 387.32 feet for the place of beginning; thence continuing South 88 degrees 00 minutes West along said North line 269.5 feet; thence South 2 degrees 00 minutes West 25.0 feet; thence Easterly 269.00 feet to a point South 2 degrees 00 minutes West 47.00 feet from the place of beginning; thence North 2 degrees 00 minutes east 47.00 feet to the place of beginning. Being situated in the City of Elgin, Cook County, Illinois. BE IT FURTHER RESOLVED that and directed to cause said plat of Deeds, Cook County, Illinois. Presented: July 28, 1982 Adopted: July 28, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yuman Marie Yearman, City Clerk the City Clerk be and is hereby authorized of easement to be filed with the Recorder s/ Richard L. Verbic Ric r L. Ve :Lc, Mayor 356 1U I rit V I LLAbL Ur bAK I Lt.I 1 Councilman Waters made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Councilman Schmidt: I am going to vote no on this resolution because I do not feel that the City of Elgin should be the watering plant for the surrounding towns of Elgin. I believe that if they want their own water they should make their own provisions and not rely on us. 357 VOLUME XLVII Mayor Verbic: I think you have a problem too with Bartlett. We are selling it to Sleepy Hollow, but you have a town here of around 13,500 population right now and l think NIPC projects quite an increase by the year 2000, probably in the neighborhood of 20,000 to 22,000. With our anticipated increase in population and with other areas indicating need for water in the surrounding areas I am wondering about the capability of depriving our citizens if we are obligated to have these contracts with adjoining towns. see a large population out in the Bartlett area. They also have an obligation. In reading the newspaper they have a problem of getting out of a commitment with the Department of Waterways in regards to Lake Michigan water allotment, which they will be obligated to pay their share. If this should occur the citizens will have to pay for Elgin's water and those who live in the DuPage portion will have a commitment for the DuPage /Lake Michigan allotment. Leo Nelson: I guess I am going to need some additional direction. Some months ago l was directed by the Council to enter into negotiations . with both Bartlett. and West Dundee and we have had some very pre - liminary discussions with both of those communities. We do have an excess supply and we are in a position to sell water to adjoining communities if the price is right that would benefit Elgin water users and taxpayers. In the Bartlett, case they are not asking us to sell water to them for the entire community. They are asking in our very preliminary discussions to supply certain quantities of water to only part of the community and I think that is the Villa Oliva area. would think that we would do the same thing with these communities that we did with Sleepy Hollow and that is we put an upset figure in there of how many gallons they can buy and they can't buy any more than that, without severe penalties. In any event if you don't want us to talk to these other communities then I think we are wasting everybody's time, and if you do want us to continue we will but at the moment we have a great deal of capacity that could be sold and it could be sold at a profit. Councilman Gilliam: I think that if we have excess water,,-rather than have it sit there, and we can sell it, which would help defray the cost of the water treatment plant, revenue bonds, or whatever we have, I think it is a good idea. I think it is good management to say we have excess water and we are going to sell. it to someone else and help us defray the cost. I think that is an advantage to the city and not detrimental to the citizens, as long as you have built in protection. Councilman Kirkland: Does this resolution obligate us to sell water. Leo Nelson: I think I mentioned this at the last Committee of the Whole Meeting. The only reason Bartlett wants this is that they are in discussions with the DuPage County Board and to help them along they only ask that the City Council of Elgin pass a non - binding resolution just expressing our intent to sell water, VOLUME XLVII 358 to talk to them about the sale of water, to get into some discussions to perhaps lead up to an agreement. It does not bind the City of Elgin to do anything but continue discussions. I would think that if the resolution fails we might as well stop talking to them. The last word l hadthe DuPage County Board apparently intends to sell a general obligation bond issue for the entire county. However, they are- prepared to give to the Village of Bartlett x number of dollars of that bond issue and Bartlett can use that money to do whatever it needs to do for it's own water supply. Mayor Verbic; When we authorized discussions we talked about the Village of Bartlett and now I read this and we are only talking about one specific area, and the second thing that you tell me now its for using as a>wedge. Leo Nelson: I talked about this before but I did not know it was a portion of DuPage until I sat down and talked with them. We had no idea of what they were talking about until we talked with them and they were talking basically about a portion of Bartlett and we still have not defined that. Mayor Verbic: The thing that bothers me I don't think that any city that has growth is going to sign up for x muber of gallons with the thought in mind that once this growth occurs they are going to be turned off as far as additional water. I think the bond issue was passed for the benefit of our people to build the new water treatment plant and l worry about extending ourselves to the point, if and when this anticipated growth of 95,000 to 100,000 comes along in 1995,- that we have the water supply for our people. Councilman Hansen; I just have three or - four "thoughts and one is that maybe our water treatment plant is too big, I would hope that is not the case. Another thought is I think we ought to answer the question do we want to become a metropolitan water district and fund it with a City of Elgin tax base or bonding power or any other form of financing, which bothers me. Unless we can get a well publicized, upfront concession from these communities that when we need the capacity we can shut them off, which is a horrendous public relations problem in my view. We should really tread lightly on this and I can see the headline now in 1992 that Elgin shut off Sleepy Hollow's water. It's a bad P/R thing. Mayor Verbic: I will say that if we can help a sister city out with a problem like this and we can pass this resolution and they can use it as a wedge I am in full support of that. Councilman Waters: I think that rather than indicating that we have over built our treatment plant I think the intent was to build a capacity large enough to provide for the growth of the 359 VOLUME XLVII community that was projected and anticipated. I think there is - an economy of scale, we have an opportunity to sell water to our neighboring communities, perhaps even at a profit, if not at a profit even with the economy of scale, I think we have an opportunity to lower the cost to the residents of Elgin for the cost of their water. We have been assured in previous discussions of this issue that there is an upset in the agreement. That we are providing right now, because of our excess capacity, but as our need grows and our capacity diminishes, that is built right into the agreement, an understanding that where we are coming from and that is why we are able to provide it to them now, but we may not be able to provide it to them in the future. I think we have the opportunity right now to save the residents of Elgin some costs in the cost of their water. Mayor Verbic: You have unforeseen problems Councilman Waters as far as the future is concerned. None of us can tell the use and the growth and to shut off a town and say look you cannot have any more water at this particular point because our needs have to be met first would create a serious public relations problem. Councilman Waters: Would'nt it be prudent on their part knowing that the agreement spells out ahead of time that we may diminish the supply that we can provide to them and as they project their own growth, their own projected needs, would'nt it be prudent on their part to be making plans right now in anticipation of that and providing alternatives in the future. Mayor Verbic; I don't think that any town would meet those requirements because if they are going to deny themself the use of Lake Michigan water and if there is a provision in there as far as additional deep wells, then I think the majority of the commitment would be for Elgin's water. Leo Nelson: I think you are dealing with a policy issue with a lot of speculation about an agreement that does not even exist. think the question for you is do you as a policy even want us to begin any discussion with these communities about the possible sale of water. We don't have an agreement in front of us. Councilman Gilliam: Then I think we should address that problem, either we are going to do it or we are not going to do it, and if it is going to be a big hassel I would say don't do it. I make a motion, lets not sell water, lets keep it ourselves, lose the revenue. Councilman Schmidt: I will second that motion. I think it has been'b'rought this evening and which I have said before that I think we have over built our water treatment plant and because of doing that now we have to sell water to the surrounding communities. I am not in favor of that, I feel that with West Dundee they have the cake, they have Spring Hill Mall, they have all those businesses, they have the sales tax revenue and now that they have that they want the cream from us by having their water supplied by Elgin. I am not in favor of it. VOLUME XLVII Leo Nelson: Well for clarification purposes I know the Finance Department is working with the Water Department right now to develop rates over the next two or three years and in the short run, I know at this point it would seem as though the rates for Elgin are going to be higher, and the short run then they would be if we were able to sell water to adjoining communities. Councilman Schmidt: Whether we sell the water or not the water rates are going to be high with the type of water plant that we have built. 360 Councilman Kirkland: We have developed this tremendous tendency to take these agenda issues and develop into bigger issues and if we don't watch out we are going to be talking about the budget again. I think Gilliam said lets vote on the big issue, we have the big issue on the floor and lets vote on it, whether we ought to sell water to anyone. Lets get the thing voted on and stay on the agenda a little bit. Councilman Gilliam: I understand as a Council we have a tendency to send mixed signals, we voted at the Committee of the Whole to put this on the agenda to approve it and then all of a sudden we get here and it becomes a problem. Councilman Schmidt: Was it a full majority vote. Councilman Gilliam: No, 4 -2. All I am saying is if you don't want to do it lets make a decision now. Councilman Hansen: In defense of Mr. Kirkland's comments, yes this is a crucial time because once we tell them we intend to do it then we better do it. It is kind of like consulting studies if you devote $10,000 to a consulting study to find out if something is prudent to do and the study comes back and says it is prudent you have commited yourself to the project by commiting to the consulting study. I do think this should be discussed a little more at length. Councilman Waters: I think we have a motion on the floor and I am prepared to vote. C,l.erk: We have two motions on the floor. Councilman Waters made a motion, seconded by Councilwoman Nelson to approve the resolution expressing intent to sell water to the Village of Bartlett. Council- man Gilliam made a motion, seconded by Councilman Schmidt not to sell any water. Mayor Verbic: We will vote on the first motion to approve the resolution. Councilman Waters: If it is the desire of the Council to deal with the bigger issue rather than the resolution that is on the floor and if it is in concurrence with the party who seconded it, 1 did'nt catch who it was, I would be willing to withdraw the motion to approve the resolution. 361 VOLUME XLVII Clerk: Councilwoman Nelson seconded that motion. Councilman Hansen: We have a motion on the floor and I call for the question. Yeas: Councilmen Gilliam, Kirkland, Nelson and Waters. Nays: Councilmen Hansen, Schmidt and Mayor Verbic. t VOLUME XLVII RESOLUTION EXPRESSING INTENT TO SELL WATER TO THE VILLAGE OF BARTLETT WHEREAS, the Village of Bartlett, a municipal corporation, has hereto- fore requested that the City of Elgin, a municipal corporation, sell water, to the Village of Bartlett for municipal water supply purposes; and WHEREAS, the City of Elgin is willing to sell water to the Village of Bartlett upon such terms and conditions as the City of Elgin and the Village of Bartlett may mutually agree; and WHEREAS, it is necessary and desirable that the City of Elgin express its intent to sell water to the Village of Bartlett. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby expresses its willingness and intent to sell water to the Village of Bartlett for municipal water supply purposes upon such terms and conditions as may be agreed upon by the City of Elgin and the Village of Bartlett. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: July 28, 1982 Adopted: July 28, 1982 Vote: Yeas 4 Nays 3 Recorded: Attest: s/ MarieYeat� man Marie earman, City Clerk LUTION ADOPTED AUTHORIZING AN AGREEMENT Councilman Hansen 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. 362 363 VOLUME XLVII RESOLUTION AUTHORIZING AN AGREEMENT WITH HABER ARTISTS MANAGEMENT INC. 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 Haber Artists Management Inc. 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 i ar er,ic, yor Presented: July 28, 1982 Adopted: July 28, 1982 Vote: Yeas 7 Nays 0 - Recorded: Attest: Mar eYean Marie Yearman, City Clerk Councilman Gilliam made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Wafters and Mayor. Verbic. Nays: None. i VOLUME XLVII RESOLUTION AUTHORIZING AN AGREEMENT WITH EVENTS AND ENTERTAINvIENI', INC. 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 Events and Entertainment, Inc. 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 Echard L. Verbic, Mayor Presented: July 28, 1982 Adopted: July 28, 1982 Vote Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yeae-Jnan Marie Yearman, City Clerk Councilman Gilliam made a motion, seconded by Councilwoman Nelson to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Nelson and Schmidt. Nays: Councilman Hansen and Mayor Verbic. Abstained: Councilman Waters. 364 365 Ordinance No. G39 -82 AN ORDINANCE AMENDING ORDINANCE G22 -75 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, WHICH ORDINANCE ESTABLISHED PROCEDURES TO BE FOLLOWED BY THE CITY IN ISSUING NON- REFERENDUM GENERAL OBLIGATION BONDS VOLUME XLVII WHEREAS, the City Council of the City of Elgin, Kane and Cook Counties, Illinois (the "City "), has heretofore adopted Ordinance No. G22 -7S on April 23, 1975, and has heretofore adopted Ordinance No. G14 -80 on January 28, 1980, and Ordinance No. G64 -80 on October 8, 1980, which ordinances amend Ordinance No. G22 -75 (Ordinance No. G22 -75 as amended by Ordinance No. G14 -80 and Ordinance No. G64 -80 being hereinafter referred to as the "Enabling Ordinance "); and WHEREAS, because of inflationary factors and the generally prevailing conditions in the market for the City's bonds, it is necessary to amend the Enabling Ordinance to eliminate the interest rate limitation contained in the Enabling Ordinance; and WHEREAS, the City Council of the City has therefore determined that it is necessary and in the best interests of the City that the Enabling Ordinance be amended to authorize the issuance of the City's bonds at such rate or rates as shall be set forth in bond ordinances authorizing their issuance, all as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, as follows: Section 1. That Section 3 of the Enabling Ordinance be and is hereby amended to read as follows: "Section 3. That the Bond Ordinance shall indicate the amount of money necessary to be borrowed, the amount of bonds to be issued in evidence thereof, shall fix the details of such bonds, including their date, number, denomination and maturity, which shall not exceed forty (40) years from the date of said bonds, and their rate or rates of interest. The Bonds shall be sold in such manner as may be determined by the City Council. A, contract for the sale of such bonds may be entered into prior to the adoption of the Bond Ordinance or the Bond Ordinance may provide for the subsequent sale of the bonds therein authorized. In the event of such subsequent sale and if the bonds bear interest at a rate or rates less than that authorized in such Bond Ordinance, prior to the delivery of such bonds the taxes levied in such Bond Ordinance shall be abated by that amount representing the savings resulting from the sale of such bonds at a lower rate of interest than authorized in such Bond Ordinance." Section 2. That this ordinance shall take effect immediately upon its adoption and approval by the Mayor of the City. s/ Richard L. Verblc Richard L. Ver ic, Mayor r VOLUME XLVII Presented: July 28, 1982 Passed: July 28, 1982 Vote: Yeas 4 Nays 2 1 Abstained Recorded: Published: Attest: s/ Mar g e Yeaan rie Yearman, City Clerk Councilman Gilliam made a motion, seconded by Councilwoman Nelson to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Nelson and Schmidt. Nays: Councilman Hansen and Mayor Verbic. Abstained: Councilman Waters. ,. 366 367 VOLUME XLVII RESOLUTION AUTHORIZING PREPARATION AND DISTRIBUTION OF AN OFFICIAL STATEIVEM FOR THE SALE OF $2,950,000 CORPORATE PURPOSE BONDS, SERIES 1982 WHEREAS, the City of Elgin desires to sell $2,950,0000 Principal Amount Corporate Purpose Bonds, Series 1982; and WHEREAS, it is necessary and desirable that an official statement he prepared and circulated for the purpose of solicitation of bids for the purchase of said bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Speer Financial, Inc. be and is hereby authorized to.prepare and distribute an official statement containing pertinent information relative to the City of Elgin and its finances, a draft of which is attached and made a part hereof by reference. Presented: July 28, 1982 Adopted: July 28, 1982 Vote: Yeas 4 Nays '2 Recorded: Attest: sue% Mar ri+4an Marie Yearman, City clerk s/ Richard L. Verbic Richard L. Verbic, Mayor I Abstained RESOLUTION ADOPTED AUTHORIZING EXECUTION 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 XLVII RESOLUTION AUTHORIZING EXECUTION OF AN AGREIINEN'T TO PROVIDE FOR A LOCAL IMPROVEMENT ON McLEAN BOULEVARD WHEREAS, on April 28, 1982 the City Council of the City of Elgin passed a resolution entitled "Resolution Expressing Intent to Make Certain Local Improvements on McLean Boulevard "; and WHEREAS, said local improvement could be paid for by special assess- ment upon the properties benefitted thereby; and WHEREAS, the City Council of the City of Elgin desires to avoid a special assessment by entering into an agreement with Bruce A. Flashner, M.D. for the real property commonly known as 530 North McLean Boulevard, against which such special assessment would be levied; and WHEREAS, said .owner: has, agreed to participate in the financing of said local improvement:: upon the terms and conditions contained in the agreement, which is attached herebb and made a part hereof by reference; and WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the 1970 Illinois Constitution and is thereby authorized and empowered to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, entering into agreement in lieu of special assessment with various property owners to provide for certain local improvements pertains to the government and affairs of the City of Elgin; and WHEREAS, both the owner:and° the -City of Elgin will realize substantial economic savings if the local improvement can be constructed by agreement and without the use of a special assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager and City Clerk be and are hereby . authorized, empowered and directed to execute the attached agreement, which is hereby incorporated by reference. BE IT FURTHER RESOLVED that this agreement shall constitute a lien upon the real property described until the sum indicated in paragraph 4 of the agreement is paid in full. s/ Richard L. Verbic Richard Lo Ver ic, Mayor Presented: July 28 1982 Adopted: July 29, " 1982 Vote: Yeas 7 Nays 0 Recorded: At est: _ s arse. emaro Marie Yearman, City Clerk • i 369 VOLUME XLVII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS American Public Transit Assoc. Membership dues for 1982 $1680.00 Rydin Equip. & Supply Rebuildingg engine Sanitation Truck ##284 $1828.87 Councilman Schmidt 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 Parking Lot Revenues 6/1/81 through 5/31/82 Parking Lot Revenues 7/1/81 through 6/30/82 Cemetery Report for June, 1982 Budget Summary dated July 10, 1982 Councilman Gilliam made a motion, seconded by Councilwoman Nelson to place the above mentioned reports on file. Yeas: Councilmen Gilliam, Hansen, Ki- rkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RECOGNIZE PERSONS PRESENT Robert W. Carlson, 264 South Melrose Avenue: It seems that we have an ordinance permitting dogs to wander around town, but the situation is such in the ordinance that the dog can't go any place. So I have tried to reorganize the thing and I am going to hand one of these revisions to each of you. You will find that the second page is a letter from Leslie Smiths the Director of the Humane Society. When you are writing about something as important as dogs and they are important and,the way I am going to try to demonstrate this with a poem. (Mr. Carlson proceeded to read .a poem entitled "Old J im ") don't believe that this is something that you should bypass because it is something that you should change. Mayor Verbic: In other words what he is stating is that people living in apartments have no space for a dog to urinate and he is suggesting that urinating be removed from the ordinance. Councilman Hansen: I personally see no problem with that. I would like to have the Corporation Counsel review it and if it is not in any conflict with whatever maybe we could put it on the agenda for August 11th. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. VOLUME XLVII 370 ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Hansen to adjourn the Council Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 11:20 p.m. h z CCVII ��uL.�' Marie Yearmar� City clerk f VOLUME XLVII August 2, 1982 371 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 August 2, 1982, at 5:00 p.m., in the Council Conference Room 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 and Mayor Verbic. Absent: Councilman Waters. Also present: Nelson, Yearman, Jentsch and members of staff. RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. I TO CONTRACT N07 SUPPLY AND DISTRIBUTION IMPROVEMENTS' SECTION II W TER TR NSMISSION AINS WITH CARIZZO CONSTRUCTION, 1NC.. Mr. Nelson advised the Council that the contractor, Carizzo Construction, had put the City on notice that they would be unable to complete the remainder of the work under their contract with the City on this project. Mr. Nelson further stated the contractor had indicated they would be filing bankruptcy, in which event the City would seek relief from the bonding company, which in this case could present a delay of 60 days, or more, and would hold up other phases of work in the construction of the water treatment plant. The staff recommended that the Council approve the subject change order, which would delete the remaining work in the contract with Carizzo and allow the staff to obtain a contractor who can complete the work. Gary Miller advised the Council that Carizzo had completed 90 %of the work and the uncompleted portion amounted to $55,676,56. Mr. Nelson suggested that Illinois Hydraulic or Gluth Bros., be contacted, since they were both involved with the project and had equipment on the site already. Mel Dahl stated he would bring a new package to the Council for their approval. Councilwoman Nelson made a motion, seconded by Councilman Gilliam to adopt the foregoing resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. 372 VOLUME XLVII RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT NO. 2 SUPPLY AND DISTRIBUTION IMPROVIMENIS, SECTION lI - WATER TRANSMISSION MAINS WITH CARIZZO CONSTRUCTION, INC. WHEREAS, the City of Elgin has heretofore entered into a written contract with Carizzo Construction, Inc. for the construction of certain water works improvements known as Contract No, 2 Supply and Distribution Improvements, Section II - Water Transmission Mains; and WHEREAS, said contract included the construction and installation of a 20 inch well water supply and 30 inch low service distribution piping at the Slade Avenue Water Treatment Plant site and certain appurtenant work thereto; and WHEREAS, on July 28, 1982, Carizzo Construction, Inc. stated and acknowledged, by its secretary, that it is unable to complete that portion of the work described above; and WHEREAS, completion of such work at the earliest practicable date is necessary to permit the construction and installation of other portions of the water works improvements to be completed as scheduled; and WHEREAS, it is in the best interest of the City of Elgin to delete the work described above so as to permit the prompt completion of said work by others and WHEREAS, Carizzo Construction, Inc. has accepted and consented to the deletion of such work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes and approves Change Order No. 1 to Contract No. 2 Supply and Distribution Improvements, Section II - Water Transmission Mains with Carizzo Construction, Inc. and hereby authorizes Leo Nelson, City Manager, to act on behalf of the City of Elgin in executing Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic R!Tiard L. Ver ic, Mayor Presented: August 2, 1982 Adopted: August 2, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Year an Marie Yearman, City Clerk i r; VOLUME XLVII 373 ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilwoman Nelson to adjourn the special Council Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. The meeting was adjourned at 5:30 p.m. Marie Yearman, Cityy Clerk VOLUME XLVII August 11, 1982 374 e 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 11, 1982, 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 LeRoy R. Koepke of the Good Shepherd Lutheran Church, and the Pledge of Allegiance was led by Mick Zawislak, Reporter for the Elgin Herald. 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 28, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilwoman Nelson to approve the July 28, 1982 Council Minutes as published. Yeas: Councilman Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. MINUTES OF THE AUGUST 2, 1982 COUNCIL MEET 1 NG APPROVED AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilman Hansen to approve the August 2, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen„ Kirkland, Nelson, Schmidt, and Mayor Verbic. Nays: None. COMMUNICATIONS Mayor Verbic: I would like to have Michael Millikan come up in front. Tonight it is going to be the pleasure of the City to present two important certificates and on behalf of the City I would like to have Chief Baird explain a little bit about the courses, which Mr. Millikan has completed. Chief Baird: Mike Millikan as you know is an Inspector with the Bureau of Inspection Services for the City of Elgin and has expressed an interest over the past few years in the area of emergency services, or Civil Defense. In keeping with that, we have elected to send him to two schools, one for Shelter Management Workship, which Mike has completed and will allow him to be certified by the State of Illinois to teach other persons to become shelter managers. 375 VOLUME XLVII The second school which Mike has completed is Radiology Defense Officer and Mike may also be certified as an instructor in this area. Mayor Verbic; I want to thank you Mike for attending these courses and I am pleased to present both of these certificates to you. BID AWARDED FOR 1983 VEHICLE STICKERS Councilman Gilliam made a motion, seconded by Councilman Hansen to award the bid to the low bidder, St. Louis Sticker Company, for a total amount of $1363.05, for the 1983 City Vehicle Sticker which features the 100th anniversary of the Elgin Turners Organization, and to award the bid to the low bidder, Rydin Sign & Decal Company, for a total amount of $249.00, for 1660 various business license decals. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. BID AWARDED FOR THE 1982 THERMOPLAST1C PAVEMENT MARKING PROGRAM Councilman Hansen made a motion, seconded by Councilman Schmidt to award the bid to the low bidder, Perma -Line Corporation, for a total amount of $7,006.68. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic.. Nays: None. BID AWARDED FOR LABORATORY SUPPLIES FOR NEW WATER TREATMENT PLANT ` Councilman Gilliam made a motion, seconded by Councilman Hansen to award the bids to the low bidders as follows VWR Scientific Inc., $2,749.34; American Scientific Products,,$472.44; Fisher Scientific Company, $135.07; and Sargent -Welch Scientific Company, $24.50. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. BID AWARDED FOR SPREADERS AND SNOW PLOW PARTS Councilman Gilliam made a motion, seconded by Councilwoman Nelson to award the bids to the low bidders as follows: Hopkins Road Equipment for a total amount of $5251.00, and Steve's Equipment Service for a total amount of $1217.16. Yeas; Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. E PASSED RE AT Councilman Schmidt made a motion, seconded by Councilwoman Nelson to Pass the aforementioned ordinance. Yeas: Councilmen. rilliaM Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. VOLUME XLVII 376 Ordinance No. G41 -82 AN ORDINANCE RECLASSIFYING PROPERTY AT 999 -1019 EAST CHICAGO STREET FROM B -3, SERVICE BUSINESS, AND M -1, LIMITED MANUFACTURING, TO B -4, GENERAL SERVICE DISTRICT WHEREAS, written application has been made to reclassify certain property located at 999 -1019 East Chicago Street, Elgin, Illinois, from B -3, Service Business, and M -1, Limited Manufacturing 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 the B -3, Service Business District, and M -1, Limited Manufacturing District, and including in the B -4, General Service District, the following described property: That part of Lot 8 of the Plat of the County Clerk's Subdivision of Unsubdivided Lots in Section 18, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the intersection of the Westerly line of said Lot 8 with the Southerly right of way line of State Route 19; thence Southeasterly along said Southerly right of way line, a distance of 671.0 feet; thence Southerly parallel with the West line of the Southeast quarter of said Section 18, a distance of 150.0 feet; thence Southeasterly parallel with the Southerly right of way line of State Route 19, a distance of 150.0 feet; thence Southerly parallel with the West line of the Southeast quarter of said Section 18, a distance of 440.0 feet; thence Westerly parallel with the South line extended Easterly of the Southwest quarter of said Section 18 and 'parallel with said South line, a distance of 870.44 feet to the Westerly line of said Lot 8; thence Northeasterly along said Westerly line, a distance of 187.35 feet town angle on said Westerly line; thence Northeasterly along said Westerly line which forms an angle of 0 degrees 07 minutes to the left with the prolonga- tion of the last described course, a distance of 744.42 feet to the place of beginning, being situated in the City of Elgin, Cook 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 - and SIa be published in pamphlet form by authority of the City Council. s/ Richard L. Verbic Richard L. Verbic, Mayor 377 VOLUME XLVII Presented: August 11 1982 Passed: August 1'l, 1982 Vote: Yeas 6 Nays O Recorded: Published: Attest: ,i / {1 s/ Marie Yea an rie earman, ity Cler RESOLUTION ADOPTED APPOINTING WILLIAM J. B. INGHAM JR. AS Q MEMBER OF THE ELGIN BEAUTIFI CAT ION MMI COSSION Mayor Verbic: We have the pleasure tonight of having ur member here tonight. We are glad to have your expertise onothetial Beautification Commission and I want to thank you very much for accepting this position. Councilmanwoman Nelson made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Gilliam am, , Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. VOLUME XLVII RESOLUTION APPOINTING WILLIAM J. B. INGHAM, JR. AS A MEMBER OF THE ELGIN BEAUTIFICATION CCNMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that William J. B. Ingham, Jr. be and is hereby appointed as a member of the Elgin Beautification Commission for a term to expire May 1, 1985. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 11, 1982 Adopted: August 11, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: c s/ Marie Yealan Marie Yearman, City Clerk ORDINANCE PASSED AMENDING TITLE 7.04 ENTITLED "DOGS" OF THE ELGIN MUNICIPAL CODE, 378 Councilman Gilliam made a motion, seconded by Councilman Kirkland to adopt the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. 379 VOLUME XLVII Ordinance No. G40 -82 AN ORDINANCE AMENDING TITLE 7.04 ENTITLED "DOGS" OF THE ELGIN MUNICIPAL CODE, 1976 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 7.04.045 of Title 7.04 of the Elgin Municipal Code, 1976, entitled "Defecation nuisance" be and is hereby amended to read as follows: "7.04.045 Defecation nuisance. It is a public nuisance for any person to cause or permit any dog owned or kept by him to defecate upon any public street, side- walk, or other public place or upon any premises not owned or con- trolled by the person owning or keeping the dog; provided however, that if any such defecation is completely and promptly removed by the owner or keeper of the dog, the terms of this section shall not be found applicable." 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 Verbic, Mayor Presented: August 11, 1982 Passed: August 11, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s s/ Marie Year44an Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A CONTRACT FOR THE PURCHASE OF CERTAIN PROPERTY LOCATED AT THE INTERSECTION OF KIMBALL STREET AND GROVE AVENUE 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. VOLUME XLVII :o RESOLUTION AUTHORIZING A CONTRACT FOR THE PURCHASE OF CERTAIN PROPERTY LOCATED AT THE INTERSECTION OF KIMBALL STREET AND GROVE AVENUE WHEREAS, it is necessary and desirable to acquire certain real property located at the northwest corner of the intersection of Kimball Street and Grove Avenue for the purpose of improving the intersection at said location for traffic safety purposes. 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 execute a contract of sale with W. R. Meadows, Inc., a corporation of Delaware, 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. Ver c, Mayor Presented: August 11, 1982 Adopted: August 11, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Ye man Marie earman, City Clerk RESOLUTION ADOPTED REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE A PORTION OF ROUTES 15 AND 20 FOR A HISPANIC COMMUNITY PARADE Councilwoman Nelson made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. 381 VOLUME XLVII RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE A PORTION OF ROUTES 19 AND 20 FOR A HISPANIC CQH4JNITY PARADE WHEREAS, the City of Elgin has applied for and received permission from this Council to stage a Hispanic Community Parade within the city limits of Elgin on Sunday, September 19, 1982, from 2:00 p.m. to 3:30 p.m. conditioned upon securing permission from the Department of Public Works and Buildings, State of Illinois, to close a portion of State Route 19 and 20 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 luchard L. Verbic, Mayor Presented: August 11 1982 Adopted: August 1f, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an�V� xie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING CHANGE ORDER Z TO CONTRACT FOR A RETAINING WALL Councilman Hansen made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. VOLUME XLVII 382 RESOLUTION AUTHORIZING CHANGE ORDER 2 TO CONTRACT FOR A RETAINING WALL WHEREAS, the City of Elgin has heretofore entered into a contract with Gluth Brothers, Inc. for the construction of a retaining wall at Fulton and Villa Streets; 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 2 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 Gluth Brothers, Inc. for a retaining wall at Fulton and Villa Streets. s/ Richard L. Verbic Richa r I L. Ve r 7—, ayor Presented: August 11, 1982 Adopted: August 11, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: r s / Mar i e ea ma`s n N� Gt JfL—� rie Yearman, City Cler ORDINANCE PASSED AMENDING CHAPTER 10.90 ENTITLED "AIR RIFLES" OF THE ELGIN - MUNICIPAL CODE, AS AMENDED Councilman Hansen made a motion, seconded by Councilwoman Nelson to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. 383 VOLUME XLVII Ordinance No. G43 -82 AN ORDINANCE AMENDING CHAPTER 10.90 ENTITLED "AIR RIFLES" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 10.90.020, entitled "Regulations" of Title 10.90 entitled "Air Rifles" be and is hereby amended by adding the following: "C. Notwithstanding any provision in this chapter to the contrary no person under the age of 18 shall discharge any air rifle anywhere within the corporate limits except when acting in conformance with this chapter and under the supervision of a responsible adult which adult shall be at least 21 years of age." Section 2. That the City Clerk shall cause this ordinance to be published in pamphlet form and this ordinance shall be in full force and effect from and after its passage in accordance with the law. s/ Richard L. Verbic Richard Verbic, Mayor Presented: August 11, 1982 Passed: August 11, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: qA�tyt Aest: s/ Marie Yea*an Ylarie Yearman, City Cler; ORDINANCE PASSED AMENDING A SPECIAL USE FOR A SANITARIUM AT 600 VILLA STREET 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. VOLUME XLVII 384 Ordinance No. G42 -82 AN ORDINANCE AMENDING A SPECIAL USE FOR A SANITARIUM AT 600 VILLA STREET WHEREAS, by Ordinance No. G10 -81 passed February 25, 1981 a special use permit was granted for the establishment, operation and maintenance of an alcoholic treatment sanitarium at the premises commonly known as 600 Villa Street, Elgin, Illinois, and legally described hereafter; and WHEREAS, written application has been made to amend the special use permit granted by said ordinance so as to permit non - hospital medical detoxification and an adolescent primary alcoholic rehabilitation program including related substance abuse treatment to be conducted; and WHEREAS, the Land Use Committee conducted a public hearing on said proposed amendment and has submitted its findings of fact and recommended approval of the amendment; and I WHEREAS, the City Council of the City of Elgin has reviewed the findings of fact and recommendations of the Land Use Committee and the transcript of the hearing held by the Land Use Committee; and WHEREAS, the City Council of the City of Elgin finds that it is in the best interest of the City of Elgin to grant the requested amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELCIN, ILLINOIS: Section 1. That the special use permit heretofore granted by Ordinance No. G10 -81 passed on February 25, 1981 be and is hereby amended by including non - hospital medical detoxification and an adolescent primary alcoholic rehabilitation program including related substance abuse treat- ment as permitted activities under the special use granted for the esta- blishment, operation and maintenance of an alcoholic treatment sanitarium at 600 Villa Street, 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's Addition to Elgin in the City of Elgin, Kane County, Illinois. subject to the conditions of Ordinance No. G10 -81 passed February 25, 1981. 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. Ver ic, Mayor 385 Presented: August 11, 1982 Passed: August 11, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: sl Marie Yearman Marie Yearman, City Clerk VOLUME XLVII RESOLUTION ADOPTED DETERMINING THAT AMOUNTS Councilman Hansen; I am going to vote yes on this resolution with the reservation that I do not want my vote to be construed that am for a $6,228,000 tax levy. This resolution really is a truth and taxation requirement. Mayor Verbic: I am voting yes on this resolution with the same thought and hoping for further reductions in our property tax level. Councilman Gilliam made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. VOLUME XLVII RESOLUTION DETERMINING THAT AMOUNTS OF MONEY ESTIMATED TO BE NECESSARY TO BE RAISED BY TAXATION UPON TAXABLE PROPERTY IN THE CITY OF ELGIN WHEREAS, the Truth in Taxation Act provides that if the property tax levy for the current year is estimated to exceed 1050 of the extension for the prior year a public hearing shall be held after notice in the manner required by the Act; and WHEREAS, it is necessary and desirable to determine whether the 1982 tax levy is less than 105% of the 1981 property tax levy as extended; and WHEREAS, the City Council of the City of Elgin has reviewed the 1981 property tax levy as extended and the 1982 property tax levy as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 1. That it hereby finds and determines that the 1981 property tax levy excluding debt service as extended as $6,228,621.00 against taxable property in the City of Elgin. 2. That it hereby finds and determines that the amounts of money extended estimated to be necessary to be raised by taxation upon taxable property in the City of Elgin excluding debt service for the year 1982 is $6,496,491.00. 3. That it hereby finds and determines that the amounts of money estimated to be necessary to be raised by taxation upon taxable property for the year 1982 is not in excess of 105% of the amount of property tax extended for the year 1981 against taxable property in the City of Elgin. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: August 11, 1982 Adopted: August 11, 1982 Vote: Yeas 6 Nays 0 Recorded: At�est: s/ Marts e Y,ei man Marie Yearman, City Clerk 387 VOLUME XLVII REPORTS RECEIVED AND ORDERED PLACED ON FILE Elgin Fire Department Statistics Monthly Building Permit Report for July, 1982 Transportation Operations Report for June, 1982 Public Works & Engineering Report for May /June, 1982 Water Department Report for July, 1982 Public Property & Recreation Board Minutes for July 27, 1982 City Traffic Committee Minutes for July 5, 1982 Councilman Gilliam made a motion, seconded by Councilwoman Nelson to place the above - mentioned reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. Councilwoman Nelson made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Nelson and Schmidt. Nays: Councilman Hansen and Mayor Verbic. VOLUME XLVII 388 ORDINANCE NO. TS -82 AN ORDINANCE providing for borrowing money and issuing bonds of the City of Elgin; Kane and Cook Counties, Illinois, to the amount of =2,950,000 for paying the cost of constructing public improvements in the City, and providing for the levy and collection of a direct annual tax for the payment of the principal and in- terest of the bonds. WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois (the "City "), has a population in excess of 25,000 as determined by the last official census, and accordingly pursuant to the provisions of the 1970 Constitution of the State of Illinois, and particularly Article VII, Section 6(a) thereof, the City is a home rule unit and as such may exercise any power or perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt; and WHEREAS, pursuant to the provisions of Sections 6(d) and 6(k) of said Article VII of said 1970 Constitution, the City has the power to incur debt payable from ad valorem tax receipts maturing within forty (40) years from the time it is incurred and without prior referendum approval; and WHEREAS, on the 23rd day of April, 1975, the City Council Of the City did adopt an ordinance determining the procedures to be followed in the borrowing of money for public purposes of the City and in evidence of such borrowing the issuing of full faith and credit bonds of the City without referendum approval, such ordinance being entitled: ORDINANCE NO„ 022 -75 AN ORDINANCE establishing procedures to be followed by the City of Elgin, Kane and Cook Counties, Illinois, in issuing non - referendum general obligation bonds which ordinance was amended by Ordinance No. G14 -80 adopted on January 28, 1980, by Ordinance No.G64 -80 adopted on October 8, 1980 and by Ordinance No. G39 -82 adopted on July 30 , 1982 (Ordinance No. G22 -75 as so amended being referred to hereinafter as the "Enabling Ordinance "); and WHEREAS, it is deemed to be necessary, essential and in the best interests of the inhabitants of the City that the City renovate and improve a building owned by the City and make other public improvements incidental thereto, all in accord with the plans and specifications therefor prepared by Burrudge Cassell and Associates, P.C. and now -on file in the office of the City Clerk and available for public inspection (the "Project "), all at an estimated cost of $2,950,000 , which estimate includes the cost of constructing and acquiring such improvements., legal fees, engineering, administrative and other expenses incidental thereto and WHEREAS, it is necessary that the Project be constructed in order to meet the needs of the inhabitants of the City, and it is necessary for that purpose that the sum of $2,950,000 be borrowed at this time and in evidence of such indebtedness full faith and credit bonds of the City-(the "Bonds ") be issued in the principal amount of =2,950,000 and that such indebtedness be -2- incurred without submitting the question of incurring such Indebtedness to the electors of the City for their approval: NOW, THEREFORE, Be It Ordained by the City Council of the City of Elgin, Kane and Cook Counties, Illinois, as follows: Section 1. That the City Council of the City hereby finds and determines that the borrowing of ;2,950,000 for the Purpose of paying the cost of the Project is necessary for the welfare of the government and affairs of the City and that such borrowing is for a proper public purpose and is in the public interest. Section 2. That in order to raise the sum of $2,950,000 needed for the purpose of paying the cost of the Project, there be borrowed by, for and on behalf of the City the sum of $2,950,000 and to evidence said loan negotiable coupon bonds of the City be Issued. Each of the Bonds shall be designated "Corporate Purpose Bond, Series 1982,^ be dated August 1, 1982, be numbered consecutively from 1 to 590, inclusive, be of the denomination of $5,000 each and become due serially on January 1 of each of the years, in the amounts and bear interest annually at the rates as follows: -3- Year of Maturity Principal Rate of Amount Interest 1985 1986 $1500000 11.001 1987 200,000 250,000 9.75% 9.501 1988 1989 300,000 9.50% 1990 350,000 9.50% 1991 350,000 450000 9.50% 9.75$ 1992 1993 450,000 10.001 450,000 10.00% Interest on the Bonds shall be payable on July 1, 1983 and semiannually thereafter on the first days of January and July in each year, which said interest payments to date of maturity of Principal shall be evidenced by proper interest coupons attached to each Bond and maturing on the dates herein provided. Both principal and interest shall be payable in lawful money of the United States of America at The Parkway Bank and Trust Company Harwood Height Illinois ' _. The seal of the City shall be affixed to each of the Bonds and the Bonds shall be signed by the Mayor by his facsimile signature and by the City Clerk by his manual signature, and said coupons shall be signed by said officials, respectively, by their respective facsimile signatures, and said Officials, by the execution of the Bonds, shall adopt as and for their own proper signatures their respective facsimile signatures appearing on said coupons. Section I. That the Bonds shall be payable to bearer, Provided, however, that they may be subject to registration as to Principal in the name of the holder on the books of the Treasurer Of the City, such registration to be evidenced by notation of the Treasurer on the back of any Bonds so registered. No Bond so registered shall be subject to transfer except upon such books and similarly noted on the back thereof unless the last registration shall have been to bearer. Such registration of any of the Bonds shall not, however, affect the negotiability of the coupons attached to the Bonds, but such coupons shall continue trans- ferable by delivery merely. Section 4. That each of the Bonds and the interest coupons to be thereto attached shall be in substantially the following form: -5- Number (Form of Bond) UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTIES OF KANE -AND COOK CITY OF ELGIN CORPORATE PURPOSE BOND, SERIES 1982 $5,000 KNOW ALL MEN BY THESE PRESENTS, that the City of Elgin, Kane and Cook Counties, Illinois (the "City"), hereby acknowledges itself to owe and for value received promises to pay to bearer or, if this bond be registered, to the registered holder hereof, the sum of FIVE THOUSAND DOLLARS ($5,000) on the first day of January, 19_, together with interest on said sum from the date hereof until paid at the rate of per cent ( S) per annum, payable July 1, 1983, and semiannually thereafter on January 1 and July 1, on presentation and surrender of the respective interest coupons hereto attached as they severally become due and payable. Both principal and interest are payable in lawful money of the United States of America at For the prompt payment of this bond, both principal and interest, as aforesaid, at maturity, and the levy of taxes sufficient for that purpose, the full faith, credit and resources of the City are hereby irrevocably pledged. -6- This bond is one of a series of bonds issued by the City for the purpose of paying the cost of renovating and improving a building owned by the City, pursuant to and in all respects in compliance with the provisions of an ordinance adopted by the City Council of the City establishing the procedures for issuing full faith and credit non - referendum bonds, and an ordinance authorizing the issuance of this bond and the series of which it forms a part, duly published and now in full force and effect. It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of the State of Illinois, and including the procedures established by the City ordinance for the exercise of its home rule powers conferred by Section 6 of Article VII of said Constitution of the State of Illinois in issuing its full faith and credit bonds Payable from ad valorem property tax receipts without prior referendum approval, to exist or to be done precedent to and in the issuance of this bond, have existed and have been properly done, happened and been performed in regular and due form and time as required by law; that the indebtedness of the City, how- soever evidenced and incurred, does not exceed any constitutional or statutory limitation, and that provision has been made for the collection of a direct annual tax, in addition to all other taxes, on all of the taxable property in the City sufficient to pay the Interest hereon as the same falls due and also to pay and discharge the principal hereof at maturity. -7- This bond is subject to registration as to principal in the name of the holder on the books of the City Treasurer, such registration to be evidenced by notation of such Treasurer on the back hereof, and after such registration no transfer hereof, except upon such books and similarly noted hereon, shall be valid unless the last registration shall have been to bearer. Registration hereof shall not affect the negotiability of the coupons hereto attached, which shall continue negotiable by delivery merely, not- withstanding registration hereof. IN WITNESS WHEREOF, the City of Elgin; Kane and Cook Counties, Illinois, by its City Council, has caused its corporate seal to be hereunto affixed, and this bond to be signed by the Mayor of the City by his facsimile signature and by its City Clerk, and the coupons hereto attached to be signed by said officials, respectively, by their facsimile signatures, and said officials, by the execution hereof, do adopt as and for their own proper signatures their respective facsimile signatures appearing on said coupons, all as of the first day of August, 1982. [SEAL] (Facsimile Signature) Mayor, City of Elgin, Kane and Cook Counties, Illinois City Clerk, City of Elgin, Kane and Cook Counties, Illinois -8- (Form of Coupon) Number On the first day of 19_, the City of Elgin, Kane and Cook Counties, Illinois, will pay to bearer Dollars ($ ' ) in lawful money of the United States of America at for interest due that day on its Corporate Purpose Bond, Series 1982,, dated August 1, 1982, Number (Facsimile Signature) (Facsimile Signature) City Clerk, City of Elgin, Mayor, City of Elgin, Kane and Cook Counties, Kane and Cook Counties, Illinois Illinois (Form for Registration as to Principal) Date of Name of Signature of Registration Registered Owner City Treasurer Section 2. That for the purpose of providing funds required to pay the interest on the Bonds promptly when and as the same falls due and to pay and discharge the principal thereof at maturity, there,be and there is hereby levied upon all the taxable property within the City a direct annual tax sufficient for that purpose, and that there be and there is hereby levied -9- 0 on all the taxable property in the City, in addition to all other taxes, the following direct annual tax, to -wit: For the Year A Tax Sufficient to Produce the Sum of 1982 $408,885.42 for interest up to and including January 1, 1984 1983 $438,625.00 for interest and principal 1984 =472,125.00 for interest and principal 1985 $502,625.00 for interest and principal 1986 $528,875.00 for interest and principal 1987 $5S0,375.00 for interest and principal 1988 $517,125.00 for interest and principal 1989 $583,875.00 for interest and principal 1990 $540,000.00 for interest and principal 1991 $495,000.00 for interest and principal That interest or principal coming due at a time when there are insufficient funds on hand to pay the same be paid promptly when due from current funds on hand in advance of the collection of the taxes herein levied, and when said taxes shall have been collected, reimbursement shall be made to the said funds in the amounts thus advanced. The City covenants and agrees with the purchasers and the holders of the Bonds that so long as any of the Bonds remain outstanding, the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy and collect the taxes herein levied. The City and its officers will comply with all present and future applicable laws in order to assure that such takes will be levied, extended and collected as provided herein. Section 6. That forthwith as soon as this ordinance becomes effective, a copy hereof certified by the Clerk of the -10- City, shall be filed with the County Clerks of Kane and Cook Counties, Illinois, and said County Clerks shall, inland for each of the years 1982 to 1991, inclusive, ascertain the rate per cent required to produce the aggregate tax hereinbefore provided to be levied in said years, and said County Clerks shall extend the same for collec- tion on the tax books in connection with other taxes levied in said years, in and by the City for general corporate purposes of the City, and in said years such annual tax shall be levied and collected by the City in like manner as taxes for general corporate purposes for said years are levied and collected, and in addition to and in excess of all other taxes. Section 7. That forthwith after this ordinance has became effective as provided by laws the Bonds herein authorized shall be executed and delivered to the Treasurer of the City and be by him delivered to Clayton Brown $ Associates, Inca S the purchaser thereof, upon receipt of the purchase price therefor, same to be the par value of the Bonds plus accrued interest to date of delivery, and a premium of $ rune That the contract for the sale of the Bonds heretofore entered into, be and is in all respects ratified, approved and confirmed, it being hereby found and determined that said contract is in the best interests of the City, and that no person holding an office of the City, either by election or appointment, is in any manner interested, either directly or indirectly, in his own name or the name of any other person, association, trust or corporation, in said contract for the purchase of the Bonds. .y y. Section 8. From the amounts received upon the sale of the Bonds, principal proceeds in the amount of $2,950,000 shall be deposited into the "Project Fund" (the *Project Fund "), hereby created, and disbursements shall be made from the Project Fund only for the purposes for which the Bonds are being issued, as set forth in the preceding text, including expenses of issuance of the Bonds or otherwise incidental to the Bonds or the Project, and for which such principal proceeds are hereby appropriated. Accrued interest, and premium, if any, shall be and are hereby appropriated for the purpose of paying the interest due on the Bonds up to and including July 1, 1983 and, to that end, is hereby ordered deposited into the "Corporate Purpose Bonds, Series 1982 Bond Fund" (the "Bond Fund "), which fund shall be the fund for the payment of principal of and interest on the Bonds. Taxes received for the payment of the Bonds shall be deposited into the Bond Fund and used solely and only for paying the Bonds. Interest received from deposits in the Bond Fund shall be retained in the Bond Fund for payment of the Bonds on the interest payment date next after such interest is received. Section I. The City Council hereby represents and certifies as follows with respect to the Bonds: (a) The City has heretofore incurred, or within six months after delivery of the Bonds expects to incur, substantial binding obligations with respect to the Project to be paid for with money received from the sale of the Bonds, said binding obligations comprising binding contracts for work on the Project in not less than the amount _1G_ of $ 1,253,194.83 , such sum being not less than 2 -1 of that portion of the Project to be financed with proceeds of the Bonds. (b) Over $ 2,550,000.00 of the money derived from the sale of the Bonds and deposited in the Project Fund will be expended on or before August 1 , 1985, for the purpose of paying the cost of the Project, said date being within three years following the date of issue of the Bonds. (c) All of the principal proceeds of the Bonds will be used, needed and expended for the purpose of paying the cost of the Project. (d) Work on the Project is expected to proceed with due diligence to completion. (e) No portion of the acquisitions or improve- ments constituting a part.of the Project has been or is expected to be sold or otherwise disposed of in whole or in material part prior to the last maturity of the Bonds. "Material part" means (i) land, or (ii) any improvement, or (iii) personal property or fixtures in excess of that which is expected to be sold, traded in or discarded upon wearing out or becoming obsolete. (f) The City will receive par plus accrued interest and $ none premium from the sale of the Bonds. Accrued interest and premium are to be are to be deposited in the Bond Fund to pay in- terest coming due on the Bonds up to and including July 1, 1983. (g) Except for the Bond Fund, the City has not created or established, and will not create or establish, any sinking fund, reserve fund or any other similar fund to provide for the payment of the Bonds. The Bond Fund has been established and will be funded in a manner primarily to achieve a proper matching of revenues and debt service, and will be depleted at least annually to an amount not in excess of one - twelfth the particular annual debt service on the Bonds. Money deposited in the Bond Fund will be spent within a 13 -month period beginning on the date of deposit, and investment earnings in the Bond Fund will be spent within a 1 year period beginning on the date of receipt. -13- (h) The foregoing statements of expectation are based upon the following facts and estimate (1) Amounts shown as to be received will be received pursuant to contract of sale. (2) Amounts paid or to be paid into various funds and accounts have been directed to be paid into said funds and accounts by authority hereof. (3) The anticipated dates of expenditure of money in the Project Fund derived from the sale of Bonds and the amount to be spent on or before such dates is based upon consultation with Burnidge, Cassell and Associates, P.C. , the architects engineers charged with responsible supervision of the Project. (i) To the best of the knowledge and belief of the City Council, there are no facts, estimates or circumstances that would materially change the conclusions and representations set out'in this Section azid the expectations hereinabove set out are reasenible. (j) The City has not been notified of any listing or proposed listing of it by the Internal Revenue Service as a bond issuer whose arbitrage certifications may not be relied upon. The City also certifies and further covenants with the purchasers and holders of the Bonds from time to time outstanding that so long as any of the Bonds remain outstanding, moneys on deposit in any fund or account in connection with the Bonds, whether or not such moneys were derived from the proceeds of the sale of the Bonds or from any other source, will not be used in a manner which will cause the Bonds to be °arbitrage bondsft within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and any lawful regulations promulgated thereunder, -14- VOLUME XLVII 402 including Tress. Reg. H1.103-13, 1.103 -14 and 1.103 -15 (1979), as the same presently exist, or may from time to time hereafter be amended, supplemented or revised. The City reserves the right, however, to make any investment of such moneys permitted by state law, if, when and to the extent that said Section 103(c) or regulations promulgated thereunder shall be repealed or relaxed or shall be held void by final decision of a court of competent Jurisdiction, but only if any investment made, by virtue of such repeal, relaxation or decision would not, in the opinion of counsel of recognized competence in such matters, result in making the interest on the Bonds subject to federal income taxation. Section 10. That a full, true and complete copy of this ordinance be published within ten days after passage in Daily Courier News , being a newspaper published in and of general circulation within the City. Section 11. That all ordinances, resolutions and orders, or parts.thereof, in conflict herewith, are to the extent of such conflict, hereby repealed and this ordinance shall be in full force and effect upon its passage, approval and publication thereof as provided by law. Adopted August 12 , 1982 Approved: s /Richard L. Verbic Mayor, City of Elgin, Kane and Cook Counties, Illinois s/ Marie Yeanman City Clerk, City of Elgin, Kane and Cook Counties, Illinois -15- 403 VOLUME XLVII ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Nelson made a motion, seconded by Councilman Gilliam to adjourn the Council Meeting and resume the Committee of the Whole Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. The Council Meeting was adjourned at 8:35 P.m. Marie Yearman; City Clerk VOLUME XLVII August 25, 1982 404 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 25, 1982, at 8 :10 p.m., in the Council Chambers of City Hall. The meeting was called to.order by Mayor Verbic, who gave the Invocation 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 AUGUST 11, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Gilliam made a motion,,seconded by Councilman Hansen to approved the August 11, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, and Mayor V:erbic. ,Naysc None. Present: Councilman Waters. COMMUNICATIONS Mrs. Diane Iwanski, 504 N. Lyle: We have received a letter from the Postal Service saying that they want to centralize mail receptacles in the Valley Creek Subdivision. These would include metal lock boxes, and we are against this. We want our own boxes in front of our own homes. We understand these are ugly looking and when we built our homes, the developers and builders stated we would get our boxes in front of our homes. Hopefully this Petition will help us receive what we want. The following Petition was presented to the Council signed by 68 homeowners in Valley Creek, "We the residents, builders and developers of Valley Creek Subdivision oppose the proposal of the United States Post Office (re letter sent 8 -6 -82) to install centralized mail receptacles. It was to our understanding that when these homes were purchased we would receive individualized curb mail service. The subdivision was not designed for multiple mail service. We the undersigned do not want the receptacles on our property or on adjoining properties." 405 VOLUME XLVII Leo Nelson: I had told Mrs. Iwanski in our telephone conversation that the Council or the City does'nt really tell the Postal Service how to run it's business, but maybe the Council would want to hear what you have to say and support your position. Just for your information Mr. Comerer, the Postmaster, called me today saying that he could not be here tonight, but thought that maybe he could respond in two weeks. I told him I would pass that information on to you and the Council. I will certainly let you know if he does plan to be here in two weeks to respond. Councilman.Kirkland: Is there any other subdivisions in Elgin that have this arrangement. Leo Nelson: I think Parkwood Village may have some clustered boxes. Mrs. Iwanski: They do have them there, but they have cul -de -sacs and in the middle of the cul -de -sac there is a patch of grass and that is where they have them. There is only one other place and that is in a trailer court and we hope Valley Creek is not a trailer court area. Mayor Verbic: It just does not seem logical to have this in a nice area like Valley Creek. I would support your position right now because once they start on this they might continue it in the future and I do not feel this is right. Perhaps some of the Council members and myself could talk with Mr. Comerer. Councilman Hansen: Would an official resolution from this body in opposition to the proposed plan be in order. I would be willing to support this. Mayor Verbic: We should just probably go to the head of the postal services and then I think our Congressman should enter the picture also. Councilman Schmidt: How do you receive your mail now. Do you have to walk any distance. Mrs. Iwanski: The mail boxes from my house are a half a mile away. I live on North Lyle and the mail boxes are on North Airlite where you come into the subdivision. Councilman Waters: I sense a strong support within the Council for the concerns expressed in this Petition. I think a resolution may be in order, but I think before we do that we should extend the courtsey to the Postmaster to come and express his point of view, and I would suggest that we issue an invitation to him. Mayor Verbic: You are talking about before they are put in the area. Councilman Waters: Correct. VOLUME XLVII 406 Mayor Verbic: Leo, perhaps you could invite him to our next meeting and in the meantime perhaps a few telephone calls from the Council would help. Letter from Sara Williamson Daniel. Mayor Verbic: I would like to read this letter to you. On behalf of myself and Commissioner Robert L. Johnson, Jr., I would like to take this opportunity to thank you and the Council for allowing Mr. Johnson and myself to attend the National Urban Leagu -e Conference. The training experience has been most invaluable and will be of great aid in the development of goals and objections for local initiatives similar to those of the League and the Commission in the Elgin area; It is because of the commitment, dedication and concern of the local leaders, such as yourself and the Council, which makes Elgin such a great place to live. s/ Sara Williamson Daniel Douglas Hotel Project. Mayor Verbic; Congressman 'Corcoran has written twice regarding the Douglas Hotel project and he enclosed an inter - response which he received from the U.S. Department of Housing and Urban Development pursuant to his letter on behalf of this project. Congressman Corcoran stated that as soon as he receives more substantial information about the proposal's outcome he would be back in touch with us and we should let him know if there is anything additional he can do. BID AWARDED FOR M.F.T. RESURFACING lgbz Councilman Hansen made a motion, seconded by Councilman Kirkland to award the bid for the 1982 M.F.T. Resurfacing pro ect to the low bidder, Giertz - Melahn Asphalt Company for $222,548.37: Said motion to include the resurfacing of the Highland Avenue Spur from Larkin to Wing Park Boulevard for an estimated cost of $25,000. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR TRAFFIC TICKETS FOR THE POLICE DEPARTMENT Councilman Waters made a motion, seconded by Councilwoman Nelson to award the bid for traffic tickets to the low bidder, Gem Business Forms, for $1,669.50. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 407 TITION 12 2 VOLUME XLVII Jerry Deering, This Petition concerns property located on the ease side of Virgil Avenue approximately 200 feet south of Villa Street. The Petitioner is the owner /operator of the All American Auto Body Shop, which is located north of and adjacent to the subject property. The Petitioner proposes to establish a vehicle storage area for the purpose of parking vehicles that are being serviced by his business. x Both the Community Development Department and the Land Use Committee have recommended the approval of this 'Petition, subject to the 4 conditions outlined in your material. Councilwoman Nelson made a motion, seconded by Councilman Gilliam to approve Petition 12 -82, subject to the staff's 4 recommendations. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None, ORDINANCE PASSED RECLASSIFYING PROPERTY LOCATED ON FOX LANE FROM R- GENERAL RESIDENCE DISTRICT, TOM , LIMITED MANUFACTURING DISTRICT Charles Conklin, Co- President Century Oaks West Homeowners Association: As you know we have opposed this zoning change ordinance and I would like to one more time express our concern for certain things which we have already done. We hoped that perhaps somebody would change their minds before the vote is taken and one of our major concerns is who would pay . for the upgrade and resurfacing of Fox Lane and the other thing is that if it is passed we would like to have the Planning Commission and Century Oaks West work together in going over the site plan so we can be assured that once the plant is in there are no safety hazards or emissions and that the proper burming, if you want to put it that way, we would like to see what the burming will look like and make sure that it will be put in, when it will be put in and by whom it will be put in. Mayor Verbic: I am sure the Community Development Department will be happy to cooperate with you on these matters. Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Waters and Mayor Verbic. Nays: Councilmen Hansen, Nelson and Schmidt. VOLUME XLVII Ordinance No. G44 -82 AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON FOX LANE FROM R -4, GENERAL RESIDENCE DISTRICT, TO M -1, LIMITED MANUFACTURING DISTRICT WHEREAS, written application has been made to reclassify certain property located on Fox Lane from R -4, General Residence District, to M -1, Limited Manufacturing 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 k excluding from R -4, General Residence District, and including in M -1, Limited Manufacturing District, the following described property: That part of the Southeast quarter of Section 32, Town- ship 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of the Southeast quarter of said Section 32; thence Northerly along the West line of said Southeast quarter, 741.5 feet for the point of beginning; thence North 86 degrees 48 minutes East, 2566.41 feet to the center line of Sleepy Hollow Road (N. McLean Blvd,); thence Northerly along said center line 729.71 feet to the Southerly right of way line, as monumented, of Parcel No. N- 0-59, as acquired by the Illinois State Toll Highway Commission through proceedings filed in the Circuit Court of Kane County as Case No. 57 -533; thence Northwesterly along said Southerly right of way line, as monumented, 683.3 feet to a jog in said Southerly right of way line; thence Northeasterly along said jog, as monumented, being at right angles to the last described course, 20.0 feet;. thence Northwesterly along said Southerly right of way line, as monumented, being at right angles to the last described course, 1134.12 feet to the North line of the Southeast quarter of said Section 32; thence Westerly along said North line, 861.88 feet to the Northwest corner of said Southeast quarter; thence South along the West line of-;said Southeast quarter, 1894.3 feet to the point of beginning, in the City of Elgin, Township of Dundee, Kane County, Illinois." E 409 VOLUME XLVII 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. Verbic, Mayor Presented: August 25, 1982 Passed: August 25, 1982 Vote: Yeas 4 Nays 3 Recorded: Published: Attest: s/ Marie Yearma Marie Yearman, City Clerk PETITION 14 -82 REQUESTING A R -4 GENERAL RESIDENCE DISTRICT SPECIAL USE FOR A CHURCH PROPERTY LOCATED AT 1900 BIG ROAD - - - - -- APPROVED Jerry Deering: Petition 14 -82 concerns approximately 3 acres located on the north side of Big Timber Road just east of North Lyle Avenue. The property is actually located within the Century Oaks West Subdivision. The Petitioner proposes to construct a new church facility, and although he has no specific development plans at this time, both the Community Development Department and the Land Use Committee have recommended approval of the Petition, subject to the 5 conditions outlined in your material. Councilman Schmidt made a motion; seconded by Councilman Hansen to approve Petition 14 -82. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS 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 XLVII 410 RESOLUTION APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Gunnar Anderson be and is hereby reappointed as a member of the Beautification Commission for a term to expire May 1, 1985. BE IT FURTHER RESOLVED that Gilbert Nore be and is hereby reappointed as a member of the Beautification Commission for a term to expire May 1, 1985. BE IT FURTHER RESOLVED that Renard Jackson be and is hereby reappointed as a member of the Planning Committee for a term to expire July 1, 1985. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: August 25, 1982 Adopted: August 25, 1982 Vote: Yeas 7 Nays 0 Recorded: Ate te�}st: s/ Marie Yea an Marie Tearman, City Clerk ORDINANCE PASSED AMENDING CHAPTER 11.36 ENTITLED STOPPING STANDING AND PARKING BY CREATING ONE -HOUR PARKI G ZONES ON THE NORTH SIDE OF EAST CHICAGO STREET 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. 411 VOLUME XLVII Ordinance No. G46 -82 AN ORDINANCE AMENDING CHAPTER 11.36 ENTITLED STOPPING, STANDING AND PARKING BY CREATING ONE -HOUR PARKING ZONES ON THE NORTH SIDE' OF EAST CHICAGO STREET 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 one -hour parking zones under Section 11.36.083, the following: East Chicago Street, north side, from 139 feet west of the centerline of Spring Street westerly to 185 feet west of the centerline of Spring Street for a distance of 46 feet; and from 215 feet west of the centerline of Spring Street westerly to 330 feet west of the centerline of Spring Street for a distance of 115 feet. Section 2. 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 - RIEFiard E. Verbic, My-or Presented: August 25, 1982 Passed: August 25, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: I I s/ Marse Yeaean Marie Barman, City Clerk ORDINANCE PASSED AMENDING AN ORDINANCE RECLASSIFYING PROPERTY AT 999° 0 9 EAST CHICAGO STREET Councilman Hansen 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 XLVII Ordinance No. G45 -82 AN ORDINANCE AMENDING AN ORDINANCE RECLASSIFYING PROPERTY AT 999 -1019 EAST CHICAGO STREET WHEREAS, on August 11, 1982 the City Council of the City of Elgin passed Ordinance No. G41 -82 entitled, An Ordinance Reclassifying Property at 999 -1019 East Chicago Street from B -3, Service Business, and M -1, Limited Manufacturing, to B -4, General Service District; and WHEREAS, said ordinance reclassified certain property located at 999 -1019 East Chicago Street but inadvertently included an erroneous legal description. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 1 of Ordinance G41 -82 entitled, An Ordinance Reclassifying Property at 999 -1019 East Chicago Street from B -3, Service Business, and M -1, Limited Manufacturing, to B -4, General Service District, passed August 11, 1982, be and is hereby amended to read as follows: "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 f, following paragraph: 'The boundaries hereinbefore laid out in the 'Zoning District Map`, as amended, be and are hereby altered by excluding from the M -1, Limited Manufacturing: District," "and including:,in'_the B +4 General Service Histiict;.thb following. described . property:, That part of otA8 in the Plat of the County Clerk's Subdivision of Unsubdivided Lots in Section 18, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Commencing at the intersection of the Westerly line of said Lot 8 with the Southerly right of way line of State Route 19; thence Southeasterly along said Southerly right of way line, a distance of 671.0 feet; thence Southerly parallel with the West line of the Southeast quarter of said Section 18, a distance of 150.0 feet; thence Southeasterly parallel with the Southerly right of way line of State Route 19, a distance of 150.0 feet; thence Southerly parallel with the West line of the Southeast quarter of said Sec- tion 18, a distance of 440.0 feet; thence Westerly parallel with the South line extended Easterly of the Southwest quarter of said Section 18 and parallel with said South line, a distance of 870.44 feet to the Westerly line of said Lot 8; thence Northeasterly along said Westerly line, a distance of 187.35 feet to an angle on said Westerly line; thence Northeasterly along said Westerly line which forms an angle of 0 degrees 07 minutes to the left with the prolonga- tion of the last described course, a distance of 744.42 feet to the place of beginning, being situated in the City of Elgin, Cook County, Illinois. 'The boundaries hereinbefore laid out in the 'Zoning District Map', as amended, be and are hereby altered by excluding from the .B -3, Service Business3 District, and;-including ih _the B. -4.; General Service District. the fnllnwina 412 413 VOLUME XLVII That part of the Southwest Quarter of Section 18, Township 41 North, Range 9 East of the Third Principal Meridian described as follows: Beginning at the intersection of a line that is 50 feet Southerly of (measured at right angles thereto) and parallel with the centerline of State Route 19 with the East line of what was known as the Te£t Farm, thence Southwesterly along said East line a distance of 150.0 feet; thence Westerly parallel with the South line of the Southwest Quarter of said Section 18 a distance of 150.0 feet; thence Northeasterly parallel with the east line of what was known as the Teft Farm a distance of 212.43 feet to a point of line that is 50.0 feet Southerly of (as measured at right angles thereto) and parallel with the centerline of State Route 19; thence Southeasterly along said parallel line a distance of 153.58 feet to the point of beginning being situated in the City of Elgin, Cook 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, s/ Richard L. Verbic RiEMra 7 Verb ic, Mayor Presented: August 25, 1982 Passed: August 25, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie YearL Marie Yearman, City "Clerk RESOLUTION TABLED DESIGNATING WATER TREATMENT PLANT AS THE RIVERSIDE WATER TREATMENT PLANT Leo Nelson The youngman who was apparently involved in the selection of this name is out of town this week and they have asked that this matter be tabled until September 8th, when he can be here. Councilman Gilliam made a motion, seconded by Councilman Kirkland to table the aforementioned resolution until September 8, 1982. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII 414 r MOTION TO INSTITUTE LEGAL PROCEEDINGS Councilman Hansen: I make a motion that the Corporation Counsel be directed to institute appropriate legal action against all parties who may be liable for defects in the Riverside Parking Deck. Councilman Gilliam: I will second that. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: Councilwoman Nelson. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Barson Chemical Co. Purchase of potassium permanganate. $5,953.50 Dearborn Chemical Co. Purchase of dry a_quafloc & liquid aquafloc. $1,901.86 Allied Chemical Corp. purchase of soda ash and liquid aluminum sulfate. $4,767.64 United Diesel Service Rebuilding transmission of Bus #8078. $6,743.00 Dundee Ave. Auto Body Repairs to Police Squad #77 and Park's Truck ##77. $5,511.80 Rebecca Ferguson Repairs under Residential Rebate 595 Glenwood Program. $5,072.16 Neighborhood Housing Rehabilitation of Mildred Broadnax Services. property, 475 Fremont 1$5,075.00) and Zora Tucker, 439 Fulton Street ($11,515000). $16,590.00 Councilman Waters made a motion, seconded by Councilwoman Nelson to approve the aforementioned payments. Yeas: Councilmen G'iltiam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Report for June, 1982 Parking Lot Revenues 8/1/81 through 7/31/82 Cemetery Report for July, 1982 Budget Summary dated August 5, 1982 Councilman Gilliam made a motion, seconded by Councilwoman Nelson to place the aforementioned reports on file. Yeas: Councilmen Gillitm, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 415 VOLUME XLVII RECOGNIZE PERSONS PRESENT Mark Leith, representing the Elgin Jaycees: it's getting to be the time of year when the elections are near and what the Elgin Jaycees are proposing to do is run what we call a V -Week Program. We are going to try and register as many voters as possible from all different areas of the community. We have clearance through Dave Pierce, the County Clerk, and we will be running the registration van September 20th through the 25th. I would like to ask the Council's permission to use two locations to hold a four hour session on September 25th. It would be on the grass area at the Fire Station located at Duncan Avenue and Dundee and also down at Arlington and St. Charles. Mayor Verbic: Does anyone have a problem with using the two fire stations. Chief Van De Voorde: They would be most welcome. Mayor Verbic: I congratulate the Jaycees for their participation and interest in the November election. It is very gratifying that this young group of men is involved and on behalf of myself and the Council.l would like to .thank you. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilwoman Nelson made a motion, seconded by Councilman Gilliam to adjourn the Council Meeting and resume the Committee of the Whole Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The Council Meeting was adjourned at 8:45 p.m. 4-c Marie Yearman, City Clerk VOLUME XLVII September 8, 1982 416 COUNCIL OF T ;`. CITY OF ELGIN, ILLINOIS COUNCIL- MANFaER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the was held on September 8, 1982, at 8:05 Chambers of City Hall. The meeting was Mayor Verbic. The Invocation was given of the Calvary Lutheran Church, and the was led by Ken Kosek of W.R.M.N. City of Elgin, Illinois, :).m., in the Council called to order by by Reverend Harold Ross Pledge of Allegiance 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 AUGUST 25, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Hansen made a motion, seconded by Councilwoman Nelson to approve the August 25, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. COMMUNICATIONS Request from Judson College to have a bon fire on Judson Collec Councilwoman Nelson made a motion, seconded by Councilman Schmidt to approve the request for a bon fire. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. First Annual Illinois Governor's Home Town Awards Program. Tryst Anderson, on behalf of the Elgin Jaycees: As you are aware the first annual Elgin Ethnic Fest was Elgin's official entry into the Home Town Awards competition and we have a certificate of membership, which was issued by the Governor of the State of Illinois to the City of Elgin, for participating, and I would just like to read a letter from the Governor in regard to this presentation. "Elgin participation in the Governor's Home Town Awards Program helped make the 1982 Program extremely successful. The spirit and pride shown by Elgin citizens demonstrate their commitment 417 VOLUME XLVII to their communities' economic vitality. Their efforts promote the 'llinois inconjective of helping Illinois citizens work togeher to make their communities better places to live, work and conduct business. 1 am presenting the citizens of Elgin with the enclosed Certificate of Membership in the 1982 Governor's Home Town Awards Program to recognize their achievement. My personal congratulations are extended to the men and women who worked on the Home Town Awards project for the benefit of their fellow citizens. Sincerely, s /James R. Thompson, Governor Mayor Verbic: Thank you very much Mr. Anderson, we appreciate all the work on the project and your coming up this evening to present this award. Centralized mail receptacles in the Valley Creek Subdivision. Bill Ryan on behalf of the Elgin Post Office: We have put a proposal through to extend delivery into the Valley Creek Subdivision. Under current regulations there can no longer be curb line delivery to each dwelling. The requirements are that we go with centralized delivery. I have brought in a unit tonight, sitting over here, of the type of install - lation that we would like to put into the subdivision. We have had some protests from some of the people in the sub- division saying that they don't want these boxes in their neighborhoods, in fact some of them have suggested that we put these boxes at the beginning, or the entrance of the subdivision rather than in the neighborhood so they don't people trampling on the lawn, which occupies the box. I have a written letter suggesting that from two of the residents. The postal service purchases the box, they maintain the box and they install the concrete pad that it sits on. We don't really have an alternative, we are here to night to see if they would like us to come into the subdivision or have it at the entrance. We do have these at approximately 45 other locations in Elgin and they have not been a problem. Citizen: We have no place that those are going to look nice and I don't want one of them in front of my house. VOLUME XLVII Councilman Waters: May 1 suggest to the Council and the 418 audience who are here tonic =.it in regard to this issue, I suspect that we are at an "_mpass on the issue. I think we are dealing with a regulation that neither the City or the Postmaster has the authority to intervene with and I would suggest that if this is a concern of the Council, representing the residents of this area, that perhaps a letter be sent to our legislative representatives, expressing our concern over the regulations themselves, which seem to be the issue at hand and not whether or not we can intervene here in Elgin.. Mayor Verbic: The City Council itself does not control what the Postal Department regulations come out with and I think it is up to you, with our assistance, to write letters to our representatives in Washington explaining the problem and what your grips are in regard to what your needs are and what you would like to have. I feel that at this point this is where we are with this discussion. BID AWARDED FOR THE KIMBALL STREET BRIDGE SUSPENDED WATERMAIN Councilwoman Nelson made a motion, seconded by Councilman Hansen to award the bid for the Kimball Street Bridge Sus- pended Watermain to the low bidder, Gluth Brothers Construction, for $76,85$.50. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic; Nays: None. BID AWARDED FOR REPLACEMENT OF CURB AND GUTTER AND SIDEWALK IN NEIGHBOR - HOOD TR TEGY RE Councilman Waters made a motion, seconded by Councilman Gilliam to award the bid for the replacement of curb and gutter and sidewalk in the Neighborhood Strategy Area, including the extra projects identified from HCD funds and General Funds, to Welch Brothers the low bidder, for $83,600.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR GERTRUDE STREET - ELGIN MENTAL HEALTH CENTER WATERMAIN EXTENSION Councilman Kirkland made a motion, seconded by Councilwoman Nelson to award the bid for the Gertrude Street - Elgin Mental Health Center Watermain Extension to the low bidder, Pontarelli Brothers, for $180,843.51. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR REPLACEMENT OF OVERHEAD DOORS AT THE BUS GARAGE Councilman Waters made a motion, seconded by Councilman Schmidt to award the bid for two overhead doors to the low bidder, Overhead Door Company, for $9,124.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 419 RESOLUTION ADOPTED EXPRESS VOLUME XLVII Mayor Verbic: This is a real proud moment in Elgin's sport history and l think the talk that everyone has heard in the past few weeks since returning from Manchester is about a group of boys, led by two wonderful coaches and a dynamic manager, who came from the bottom, after losing the first game, to win seven other games and capture the National Championship in the Babe Ruth 13 to 15 League Play -offs. know that l join with the Councilmen, Administration and the City of Elgin in appreciation to your accomplishments. The citizens of Elgin and the surrounding area are extremely proud of what you have done. We have a Resolution this evening, which read to you, expressing commendation and Elgin Babe Ruth Teener League All Stars. read the foregoing Resolution and,Counci presented each member of the team with a said Resolution). would like to appreciation to (Mayor Verbic lman Kirkland framed copy of Bob Nelson,Manager of the Elgin Babe Ruth Teener League: would like to thank all of the members of the City Council and the people of Elgin for the fine support that you gave us throughout the entire tournament. I am very proud of these young men, in addition to being excellent baseball players, part of my criteria for selecting them is they way the behave themselves and the way they represented our team. When we carried that flag in Manchester on the back of the float everybody was proud that they were from Elgin and I think you would have been proud of these young men and the character that they showed. I think we proved that if you have enough will and you want something bad enough you can achieve it. I would like to thank my Coaches Scott Chesterfield and George Limberis, who were a very important part of this team and a part of our success. Councilman Hansen made a motion, seconded by Councilman Waters to adopt the aforementioned Resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. VOLUME XLVII 420 RESOLUTION EXPRESSING COMMENDATION AND APPRECIATION TO THE ELGIN BABE RUTH TEENER LEAGUE ALL STARS ON WINNING THE NATIONAL CHAMPIONSHIP WHEREAS, the Elgin Babe Ruth Teener League All Stars (Elgin All Stars) recently competed in the Babe Ruth World Series to determine the National Champion of the Babe Ruth League; and WHEREAS, the Elgin All Stars compiled a tournament record of twenty - one (21) wins against only two (2) losses; and WHEREAS, to reach the Nationals in Manchester., New Hampshire, the Elgin All Stars won three (3) out of three (3) games in District play, two (2) out of two (2) games in Sectional play, five (5) out of six (6) games in State play and four (4) out of four (4) games in Regional play; and WHEREAS, after a loss in the first game of the National finals in Manchester, New Hampshire, the Elgin All Stars won seven (7) straight games to capture the National Championship of the Babe Ruth Teener League. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ELGIN, ILLINOIS, that it hereby commends and congratulates the National Champions of the Babe Ruth Baseball World Series, the Elgin Babe Ruth Teener League All Stars; Manager Robert Nelson, Coaches Scott Chesterfield and George Limberis. players Buddy Bradford, Brian Corn, Jeff Fox, Bob Graham, Mike Haseman, Woody Hicks, Tony Jackson, Steve Jeffress, Mike Kasten, Jim Limberis, Brian Lye, Todd Opsahl., Lee Sotos, Rodney 'Hondo' Taylor, Andy Underwager and Brian Weiss. This outstanding achievement was made possible through their hard work, perseverance and spirit. The Elgin Babe Ruth Teener League All Stars have brought recognition and credit to themselves and also to the City of Elgin, which hereby expresses its appreciation. s/ Richard L. Verbic Richard L. Verbic, Mayor Present: September 8 1982 Adopted: September b, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea r n Marie Yearman, City Clerk 421 VOLUME XLVII RESOLUTION ADOPTED DESIGNATING WATER TREATMENT PLANT AS THE RIVERSIDE WATER TREATMENT PLANT Mayor Verbic: We have a gentlemen here tonight who I would like to call forward. Councilwoman Nelson: Mr. Keith Pyle would you step forward please. On July 28, 1982, around 8:00 a.m., I asked a young man servicing gas to my car to give me his idea of a good name for Elgin's new Water Treatment Plant, I told him ,l had my number one choice and should he chose the same name, and if that name was chosen by the Elgin City Council, would share the honors with him. Being a woman of my word I am here tonight and I take special pride in presenting Keith Pyle of South Elgin, age 20, who is a courteous service attendant at Wing and State Street in Elgin, whose suggestion you have guessed, it was Riverside Water Treatment Plant. The same as my number one choice, As Councilwoman Lucille Wise Nelson I have great pride in giving you this Resolution and I wish Mayor Verbic would read it to you. Mayor Verbic read the foregoing Resolution. 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 XLVII RESOLUTION DESIGNATING WATER TREATMENT PLANT AS THE RIVERSIDE WATER TREATMENT PLANT WHEREAS, the City of Elgin has heretofore undertaken a public improve- ment in the nature of a water treatment plant located east of Route 31 in the vicinity of River Road and the Illinois Toll Highway; and WHEREAS, said water treatment plant will commence operations in the near future. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the water treatment plant constructed and located east of Route 31 in the vicinity of River Road and the Illinois Toll High- way shall henceforth be named, known and designated as Riverside Water Treatment Plant. s/ Richard L. Verbic Richard L. Ve r ic, Mayor Presented: August 25, 1982 Adopted: September 8, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year an Marie earman, City Cler 422 RESOLUTION ADOPTED APPOINTING RAYMOND I DALTON JR. TO THE PLANNING COMMITTEE OF THE PLANNING AND LAND USE COMM SSION 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.. 423 VOLUME XLVII RESOLUTION APPOINTING RAYMOND F. DALTON, JR. TO THE PLANNING COMMITTEE OF THE PLANNING AND LAND USE COMMISSION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Raymond F. Dalton, Jr. be and is hereby appointed as a member of the Planning Committee of the Planning and Land Use Commission for a term ending June 30, 1985. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 8, 1982 Adopted: September 8, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: S/ Marie Yearrhan Marie. Yearman, City Clerk ORDINANCE PASSED AMENDING THE PROVISIO Charles Zimmerman, an Elgin citizen residing in Century Oaks: I would like to speak to -the Council about this particular ordinance. know that burning- of leaves has been banned in many communities and I understand that this new ordinance does not ban the burning it merely limits the period of time to one month from the present two months in the Fall. I would ask the Council's reconsideration of the passage of this particular ordinance. I know that there have been complaints about the burning of leaves, but just opposed to this I think the Council has to remember that the cost of various other methods of disposing of leaves in the City is going to be extremely expensive. There are also problems in collections, many people won't do it and then you have unsightly neighborhoods. There are parcels of property within the City of Elgin where collection is virtually impossible and I don't think that the ordinance restricting the burning of leaves is in the best interest of the City. I think that if the burning is conducted during certain periods of time, during the months of October and November, I think that is sufficient to protect individuals who might have allergic reactions to smoke, but other than that I think it is a savings of the City's funds VOLUME XLVII 424 and the City does not have excess funds to allow the disposal of leaves in this fashion rather than trying to collect them, or not to dispose of these leaves at all and let them blow around the neighborhood forever throughout the winter time. I really believe that this Council should allow burning for both months in the Fall, and I wou]d ask you to continue the ordinance in effect which allows burning during both of those months.: Councilman Kirkland: Even thought I voted for this in the Committee of the Whole, it seems to me November 15th is an arbitrarily, probably early date to cut it off. If we have a late Fall you may end up with leaves not being picked up. Mayor Verbic: 1 think that what we tried to do is narrow the dates in an attempt to appease those people who have had a lot of medical problems. Councilman Schmidt: Under Item C on this ordinance I thought it would be permissible to burn on driveway approaches as long as they were not blacktoped. Leo Nelson: I think that was the suggestion but I don't think you adopted that, 'I think that Mel Dahl included in his committee's report that it would be ok to burn leaves on a concrete driveway approach, but I don't think that when you directed the Corporation Counsel to prepare an ordinance you included that, now we can. Councilman Schmidt: I would like to amend this ordinance to include concrete driveway approaches for leaf burning and would make this motion. Councilman Gilliam seconded said motion. Yeas; Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: Councilwoman Nelson. Councilman Hansen: 'I just would like to let the record show that contrary to our citizen's statement that the exorbitant cost of leaf pick -up would be an additional $12,000. The cost would go from $39,000 to $51,000, per the best estimates that we have available for leaf pick -up without burning and on that basis I will be voting no on the ordinance. Councilman Gilliam made a motion, seconded by Councilman Kirkland to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: Councilmen Hansen and Nelson. Ordinance No. G47 -82 AN ORDINANCE AMENDING THE PROVISIONS OF THE ELGIN MUNICIPAL CODE RELATING TO THE OPEN BURNING OF LEAVES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 9.28.135 of Chapter 9.28 of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: "A. The burning of leaves is permitted within the cor- porate boundaries of the city from October 16 through November 15 on private property. B. No fire for the purpose of burning leaves shall be initiated before nine a.m. or after three p.m. All such fires shall be extinguished prior to six p.m. C. No leaf fire shall be permitted on public property including parkways, sidewalks, treebanks, driveway approaches except those of concrete construction, or in streets except in areas designated for such purposes by or on behalf of the city. D. No leaf fire shall be left unattended and no fire shall be permitted during periods of high wind or atmospheric inversions. E. No leaf fire shall be permitted after notice from the Bureau of Inspection Services that burning is prohibited because of atmospheric conditions." Section 2. That this ordinance shall be in full force and effect ten (10) days after its publication in pamphlet form. 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 Ri ar L. Ver ic, yor Presented: September 8, 1982 Passed: September 8, 1982 Vote: Yeas 5 Nays 2 Recorded: Published: At �-riee sl marl Marie Yearman, City Cler 425, PETITION 13-82 REQUESTING A VOLUME XLVII Jerry Deering on behalf of the City: Petition 13 -82 concerns the property located on the southwest corner of South McLean Boulevard and Fleetwood Drive. The Marathon Oil Company proposes to construct a speedway gas dispensing /convenience grocery facility at the subject property. The Community Development has recommended the approval of the requested rezoning and special use, subject to the four conditions outlined in your material. Concerning the second condition and certain recommendations regarding revisions to the site plan prepared by Marathon Oil, we have prepared a sketch that 1 would like to pass out that represents the staff's recommendation concerning limiting access to South McLean Boulevard to one approach. It should be noted that the Land Use Committee at the Public Hearing took no action on this Petition, there were two motions to recommend the approval of the Petition, subject to different access limitations and both motions were a 3-3 vote. The plan that you have just received features only one approach on McLean Boulevard, located at the most southerly portion of the property line. To facilitate the reduction in the number of access points we have recommended a re- orientation of the building to facilitate on site circulation. John Brayer on behalf of Marathon Oil Company: working with your staff, they have been very c helpful. Unfortunately, we are somewhat at an we look upon the station and the design of the think of things that possibly have not entered of how this station should be laid out. We have been 3urteous and very impass because' station and we into their concept The initial plan that we submitted called for four driveways.. Your staff told us immediately that was not acceptable and we went about an effort to modify our plans in order to come up with a compromise, which we hoped would be acceptable to the City. So what we have done is we have removed what would have been a extra driveway, a second driveway on Fleetwood and we have agreed to the location of one driveway near our western boundary with a 35 foot throat. All of the driveways that you see on the plan here meet the IDOT requirements for the location of driveway approaches in relation- ship to a signalized intersection. What we did then was to change the configuration of the driveway that we proposed for McLean Boulevard, nearest the intersection of Fleetwood and McLean, by VOLUME XLVII 426 putting it on an angle so that we would encourage only right end movements. We are also in agreement that we should post the particular sign as this driveway approach as a no exit type of an approach and also put up a sign which says right in only. The reason that we are seeking to have these two driveway locations is not because we have'an intention to put on as many driveways as we can, but there are some marketing factors which would make this station economically not viable if we cannot provide ease of access, or ingress or egress to the station to that street which would provide us with the greatest amount of traffic flow. A gasoline facility such as this is somewhat unique if you compare it with other commercial type of activity. This station will not be the type of commercial activity that is going to draw people from miles around just to come and use our station. Basically service stations draw off of the existing traffic flow. The objection that my clients have to the plan as proposed by your staff is the plan will not work for us because we will not be able to support a sufficient number of business with this plan to make the rate of return such that it is economically appropriate for us to even put this type of facility there. We want to locate in your community, we have to though in order to justify the construction of the building be able to support it with the proper rate of return of investment. We will not get that and it will be virtually impossible for us to construct the building if we have to set it up in the manner that is shown here because it is our anticipation from our marketing people that we will not get the repeat business because there is not that ease of access to the subject site. Councilman Kirkland:- Jerry, what is the rational for reducing the number of cuts. Jerry Deering; Very simply, the basis for the staff recommendation is interest in public safety. To minimize the possible number of turning conflicts within a public right -of -way. Especially with the kind of traffic volumes that exist on South McLean Boulevard, now and how they will increase in the future with the development of the southwest area of the City. All of this is based on the premise that major arterials are intended to move vehicles and secondly to provide visibility and accessibility to commercial land uses. Councilman Hansen: To get this on the table I will make a motion that we approve the rezonings and special use and that we also f° 427 VOLUME XLV11 approve the plan per Marathon Oil Company Drawing Number B3263 -2. Councilman Schmidt seconded said motion. Mr. Broyer: May I make one suggestion. Just to really.pinpoint this plan you might want to add as revised September 2, 1982, because this plan number carries through a number of different plans and the revision would be important. Councilman Hansen: I "will add that to my motion. Councilman Gilliam: We seem to be at two opposite ends, is there a compromise that would satisfy both sides. Mr. Broyer: Both your staff and Marathon have attempted to resolve this particular matter and we have been at an impass. Prior to even going to the Zoning Board we attempted to work out the differences. We were not able to work it out then, we ,provided an alternative plan and subsequent to the zoning hearing we met with your staff in an attempt to resolve it and we could not. Our clients feel very strongly that the site will not support itself if we were to configure it in the manner that is shown by the staff's plan. Councilman Waters: I address this question to Councilman Hansen. The two cuts on to McLean are 35 feet and the motion would accept the 35 feet for both of those cuts and I am just wondering if 35 feet is absolutly necessary. It is not a' compromise, but a limitation perhaps, for a reduction in that amount of space for the two cuts onto McLean. You are supporting 35 feet for both of them and staff is suggesting 24 feet. Councilman Hansen I am basing my motion and support for the issue on this basis. The gasoline station that I frequent is located on the corner of McLean and Big Timber Road and it has four access roads and as a user, more than once a week, I can see that as an advantage. Councilman Schmidt: Would'nt you need a minimum of 35 feet for some of these mobile homes and trucks. Mr. Broyer: You bring up a good point. It is not simply automobiles that we expect to use this facility, we expect construction vehicles and vehicles with trailers and other things in tow. Leslie Kurkied I am a little suprised as a citizen of Elgin and watching this Council vote.. We have been trying in the last year to get the City to promote business, to perk up our economy, we want to increase business, we want to have our economy pick -up, we want increased tax revenues and I don't see how we can even argue with the gentlemen. I think that if you read in the Elgin Courier about the robberies from gas stations in this town, I think that if Marathon is going to build a facility they certainly have to be able to monitor all of their pumps and I certainly VOLUME XLVII 428 think that if we can increase the tax dollar in this town we should do it. I think that is progress for this town. Councilman Waters: I think that something,should be said and this is not to defend the staff, that is not my intent, but 1 think there is a problem on McLean and I can appreciate what is being attempted here. I guess my gut reaction is that what is being proposed here is not sensitive to the issue at hand. I can appreciate the marketing value of having complete access, but I am also sensitive to the movement of traffic on McLean and the development that is bound to occur south of this project, and I somehow have the feeling that we are not addressing the issue of the movement of that traffic. Councilman Hansen: This gasoline station that I frequent is on the corner of Big Timber Road and McLean and l think that the traffic count there is probably as high as this intersection. That intersection was just recently improved and i have never seen an accident in that gas station in any one of the entrances. I am as much interested in safety as anyone and I don't want to propose anything that is unsafe. What this gentleman has said makes sense to me as a layman and just don't think that we can put this firm a a disadvantage with the other 50 gas stations in town. Gary Miller; We in the Engineering Department and Jerry Deering in Planning have spent a lot of time on this site plan. I want you to understand that our interest is what is good for the people of Elgin, safety,, efficiency and so forth. We talked about other gas stations in the City of Elgin and to the best of my recollection we have not had a new gas station come in. There have been existing stations that have remodeled, but back in the old days there were not even driveway approaches. We think that the more approaches that you have at a site the more options you give to the motorist and the more options he has the more potential you have for accidents and it is our job to try to make you aware of those potential problems.. Councilman Hansen: I am ready to cal -1 for the question. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: Councilman Waters -. ORDINANCE PASSED FOR THE LEVY AND i7 Mayor Verbic: I personally would have liked to have seen more reduction. I have gone through 9 budget meetings and I am a little bit worried about any additional cuts coming during the budget hearings, because of the 9 budgets I have sat through 429 VOLUME XLV11 we have had minuscule cuts and I would have liked to have seen additional cuts now to bring it up to the same amount that we had. Even though the levy is going to be reduced with the increased assessed evaluation the taxes will go up. Councilman Gilliam: I thought that we had said at the last Council meeting that this was an effort to pass the levy because we had to have it by a certain date and we had to have certain cuts in there and that we as a Council would say that we cannot raise this any more and that we as a Council would continue to look for cuts and I thought that was an agreement that we had two weeks ago. think that for you to come back and make the comment that we are not going to make any further cuts, we did not say that two weeks ago, we said we would continue to look for cuts and we directed staff to bring in other items that were non - revenue producing to look at for possible further cuts. So I think that you are a little off base there because I think this body has not said they are going to stop looking for cuts. The comment made by another Councilman that we were looking at somewhere around $950,000 in reduced expenditures and so far I think we have cut $813,000 and $813,000 out of $950,000, 1 think we have cut about 85% of what we looked at as far as increased expenditures and i think that when you cut or reduce that kind of money, to come back and say that we have not done our job, I think, is a very unprofessional statement to make, because I think we have done�a good job so far. I think you have said the issue is closed and 1 think that is wrong. Mayor Verbic: I was going by past experience when I made the statement and that is I have sat here for nine years of budget meetings and I know that the cuts have been absolutely nothing.. will say another thing and that is if we had not taken a good look at the encumbered cash, cutting that down by $375,000 and when I looked at the pension funding I thought that could be cut down, but basically we have only cut $77,000 and I thought it would make it much easier at budget time to make the cuts now. In the past nine years we did not cut anything and l am just worried that the same thing would happen now. I think that if we had made additional cuts now we could have offered a budget and that would have been it. Councilman Gilliam You keep going back to history and I am trying to look to the future and I think that the future has indicated that this Council has made a strong attempt to reduce expenditures. I think we have reduced expenditures more this year than those other nine that I have been involved in with you. Councilman Waters: 1 would just add to Councilman Gilliam's statement and for the record the cuts that have been made project a cut in the projected tax rate. The levy that is being proposed VOLUME XLVII 430 this evening as a "projected tax rage less than the tax rate of the previous year. Mayor Verbic: I am talking about assessment, which I mentioned before. It's the assessment that kills you it's not the rate. That is what raises the taxes. Councilman Gilliam: But we don't control that. Councilman Hansen: I would like to correct that statement. The amount of taxes that are levied regarding the City is controlled by this body. it has'nt got a thing to do with assessed valuation. Councilman Gilliam: I know that the tax rate will generate more money if the assessed valuation goes up, I understand that, but am saying we don't effect the assessed valuation. Councilman Hansen: 1 would like to point out that the amount of taxes that you and I and all the other citizens of Elgin pay at the end of the year is determined by this body, it is not determined by the assessor. Where does the buck stop, it stops here with this body. Councilman Gilliam: i feel that you came in with a recommendation that you wanted to cut or reduce expenditures by $950,000. This body has gone up to $813,000 and 1 think that the next step that would be necessary would be to start laying people off and l am not to the point, and I have said it privately and I will say it publicly, before I want to reduce bodies and increase the unemploy- ment roles of the City of Elgin, I would look at cutting non - producing revenue expenditures and I have said that and will say it again. Those things should go first before bodies. Councilman Hansen: The reduction in the tax levy has not resulted in a reduction in expenses. It_is simply a reallocation of excess funds that are in the uncumbered cash. Our only reduction has been $77,000, we have not-reduced spending. We have reduced the proposed tax levy by contributing less to our Police and Fire Pension Funds and we have reduced the levy by reducing uncumbered cash, which has been paid for by our citizens, for expenditures this year and a reduction in the tax levy and I think we have to make that perfectly clear to the issue at hand here. Councilman Gilliam: Councilman Hansen, you have the unique ability to change in mid - stream and re- define your goals and objectives to fit what you are looking for. When we first started off wanting to reduce expenditures your comment was lets reduce the expenditures back to the level that they were before. Now staff has indicated that we have excess money in the contingency fund, which is a compliment to the City, the fact that they did not spend the money and we used that to offset any increased expenditures. We reduced the pension fund and we have also not hired anyone. We have worked to reduce staff through attrition so for you to come back and say that it is only $77,000, 1 don't know the rules of the game but I do know they are completely different than what we went into when we first started to look at the net levy. 431 VOLUME XLVII Councilman Kirkland: There is a capital improvement budget that we are going to look at in the next two or three weeks, which will help us decide what kinds of capital improvement we may need in the future, whether we can reduce some of those or some we might have to increase and whatever we do is going to effect the ultimate amount of the levy. We have apparently reached the point where in lieu of perhaps going one way or the other with some capital improvements, we may be cutting some bodies. 1 think under both of those arrangements we should be satisfied with this figure tonight, with the feeling that we should have a better handle through studying the budget that will be prepared based on the these figures and the capital improvement budget which we have yet to analyze as a Council. We will be in abetter position in the next few months to evaluate how much more we are going to reduce that levy. We are locked into not increasing the budget. Councilman Schmidt: My only comment is that this is just a tax levy ordinance and we as a Council can no longer increase and I would venture to say that this Council will scrutinize this budget and there will be additional decreases coming from this Council. I am going to vote for this tonight with the understanding that I can still come in with decreases. Councilman Hansen: I think our problem here is that we can't come to grips with directing the staff as to how much money we want them to spend and 1 don't think that they can do a adequate job of budgeting until they know how much we want them to spend. Apparently we have not come any where close to arriving at a concensus of majority feeling on how much we want to direct the staff to spend to operate our general fund in our City in the next year. I will repeat one more time my statement of last winter and that is when you go through a budget line item by line item its completely backwards. It is not the correct way to budget. Our role here is in a policy making way to direct our staff how much money we want them to spend and where that money is going to come from. I don't think we have concensus on where we wanted to set this levy and I don't feel that we have concensus now. We are having problems coming to grips with telling our staff how much money we want to spend in 1983. One other comment, i am concerned that in the year 1983 we may see a reduction in assessed valuations, because after all they are supposed to follow market prices, and market prices of real estate in the Chicago area in the last twelve months has decreased, which indicates to me that we cannot count on this constantly escalating increased assessed valuation. VOLUME XLVII 432 Councilman Waters: I am in disagreement with Councilman Hansen about the difficulty in giving staff direction in two ways. First of all if this levy as it is proposed this evening is passed then the body as a whole has given direction to the staff. That is a direction to the staff. Previous to tonight this body as a whole approved salary contracts with our employees for three years, including salary increases for each of those three years. That was not a staff determination, that was this body as a_whole. That is a direction to our staff about our spending, that is an increase in our spending for the next year. Mayor Verbic: The staff did come in with recommendations several weeks ago with cuts which they said they were happy with, but the policy group of the Council decided that this was not the way it should be and only $77,000 of the suggested cuts by the staff were accepted by this majority group. So I say that any other cuts that are advocated by the staff, what makes you think in the next three months, or when we talk or discuss the budget, that it is going to be accepted by the majority of this group. Councilman Gilliam: I think it was also brought up by members of the Council that we should have the staff bring to us non - revenue producing items to look at for cuts. I am willing to look at more cuts, but I want to get the non- revenue producing items looked at first before I go to bodies. I mentioned one area and it fell on deaf ears, the Hemmens Auditorium, We lose money flat out and I said if you want to cut something that does not produce any revenue and I think we lost about $150,000 per year. Let's cut that and there was no comment to that. We have ice skating things, we contribute to the Little League, we contribute to things that produce no revenue and I said we should look at those things, amybe we should cut them or maybe we should not cut them, it fell on deaf ears. I am saying you should cut those items first before you cut bodies. if we have to cut bodies then let's cut them but let's cut the other items first. One reason that no body wants to look at non- revenue producing items is because they are politically unpopular to cut. Mayor Verbic: I made suggestions over the years for non - revenue cuts and they were never accepted. Councilman Kirkland made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Kirkland, Nelson, Schmidt, 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, 1982 and Ending December 31, 1982 ORDINANCE NO. T4 -82 ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR BEGINNING JANUARY 1, 1982 AND ENDING DECEMBER 31, 1982 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 22nd of December, 1981 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, 1982, the amount of which is.ascertained to be the agregate sum of $40,584,840. 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 FO 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 $6,813,631 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current 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 collect- ed from said tax levy, the total of which has been ascertained as aforesaid and being summarized as follows: Estimated Amount Receipts From To Be Raise( GENERAL CORPORATE PURPOSES Appropriated Other Sources By Taxation In accordance with provision of the 1970 Constitution of Illinois., Art. 7 011 Mayor and City Council $ 31,810 $ 31,810 $ - 012 Office of the City Manager 122,695 122,695 - 013 Purchasing and Research 84,335 84,335 - 014 Personnel and Admin. Services 115,210 115,210 - 015 Legal Department 116,150 116,150 - 016 Work Management Analysis 28,295 28,295 - 018 Human Relations Commission 33,545 33,545 - 019 Boards and Commissions 58,000 58,000 - 020 Finance Department 665,970 665,970 - 030 Department of Buildings 301,670 301,670 - 040 Community Development Department 616,420 616,420 - 050 Police Department 5,006,045 2,433,240 2,572,805 059 Civil Defense Division 2,180 2,180 - 060 Fire Department - 3,563,735 1,563,735 2,000,000 071 Public Works - Administrations 94,895 94,895 - 072 Engineering Division 419,645 419,645 - 074 Eiextrical Division 441,085 441,085 - 075 Sanitation Division 690,440 690,440 - 076 Streets Division 1,459,445 1,459,445 - 077 Sewers Division 275,060 275,080 - 079 Construction Division 1,555 1,555 - 081 Public Property and Recrea. ( Admin.) 67,360 67,360 - 082 Recreation Division. 423,945 423,945. - 087 Mall Coordinator 45,090 45,090 - 088 Parks Maintenance 591,635. - 591,635. - 089 Hemmens Building 196,655 196,655 - 190 Non- Departmental 1,390,340 1,390,340 - TOTAL - GENERAL CORP. $16,843,230 $12,270,425 $ 4,572,805 PURPOSES Add: 1% for Loss of Collection 46,190 Total Amount To Be Raised By Taxation $ 4,618,995 SPECIAL CORPORATE PURPOSES 200 Public Benefit Tax $ 554,050 $ 329,050 $. 225,000 210 Road and Bridge Fund - In accor- dance with the 1970 Constitution of Illinois, Article 7 150,000 150,000 - 230 Community Development Grant 1,243,240 1,243,240 - 270 Federal Revenue Sharing Fund 940,520 940,520 - 280 Illinois Municipal Retirement Fund In accordance with the 1970 Constitu- tion of Illinois, Article 7 1,253,335 859,635 393,700 290 Motor Fuel Tax Fund 972,300 972,300 - 300. Corporate Bond Fund - Principal and Interest on Corporate Bonds - In accordance with provisions of Section 6, Article 7 of the Constitution of Illinois. 703,290 304,200 399,090 2 SPECIAL CORPORATE PURPOSES 330 Spring Street. Parking Const. 340 Park Development Fund 350 Downtown Redevelopment Fund 375 Capital Imprv. - Otter Creek (C 376 Capital Imprv. - Otter Creek (F 377 Capital Imprv. - Old Main 378 Capital Imprv. - Tyler Creek 390 Water Bonds - Project Fund 400 Water Operating Fund 410 Water Improvement Fund 450 Parking Operating Fund 455 Spring St.. Parking Oper. Fund 490 Parking Construction Fund 500 Cemetery Operating Fund 540 Golf Operating Fund 543. Golf Improvement Fund 570 Transportation Operating Fund. 600 Police Pension Fund 610 Fire Pension Fund 630 Risk Management Fund 700 Municipal Garage Fund (Ann St.) 705 Municipal Garage Fund (Crystal TOTAL SPECIAL CORPORATE PURPOSES Amount Appropriated $ 343,145 94,000 172,850 ity) 88,500 tate) 70,000 26,000 411,040 3,047,330 5,293,300 356,300 285,005 301,465 666,020 205,690 355,720 34,090 1,708,260 1,593,000 1,645,600 477,380 403,880 St.) 345,100 $23,741,610 Add: 18 For Loss of Collection Total Amount To Be Raised by Taxation For Special Corporate Purposes Grand Total - Appropriation - All Purposes $40,584,840 Total Receipts From Sources Other Than Taxation Estimated Receipts From Other Sources $ 343,145 94,000 172,850 88,500 70,000 26,000 411,040 3,047,330. 5,293,300 358,300 285,005 301,465 666,020 205,690 355,720 34,090 1,706,260 1,.093,000 990,700 477,380 403,880 345,100 $2.1,569,720 $33,839,345 Total To Be Raised By Taxation Add: 1% For Loss of Collection Total Amount To Be Raised By Taxation - All Purposes To Be Raised By Taxation S - 500,000 654,900 $ 2,.172,690 21,946 $ 2,194,636 $ 6,.745,495 68,136 $ 6,813,631 The total amount of $4.0,584,840 levied by this ordinance for all funds is herein itemized as follows: (Itemized amounts on the pages which follow) 3 CITY OF ELGIN APPROPRIATION AND MEANS OF FINANCING BUDGET FOR THE YEAR 1982 Estimated Receipts From Sources To Be Code Appropriation Other Than .Raised By Number Expenditure Classification 1982 Taxation Taxation General Corporate Purposes: Oil -Mayor and City Council 700 Salaries and Wages $ 9,000 $ 9,000 $ - 7054 Pension Contributions - FICA 605 605 - 707 Other Employee Costs. 105 105 - 710 Office Supplies 820 820 - 720 General Operating Supplies 120 .120 - 795 Miscellaneous Supplies 100 100 - 820 Officer Services 7,335 7,.335 - 825 Postage and Telephone 360 360 - 830 Transportation, Conferences 13,365 13,365 835 Total $ 31,810 $ 31,810 $ - 012 - Office of the City Manager 700 Salaries and Wages $ 100,150 $ 100,150 $ - 7051 Pension Contributions -- IMRF 10,860. 10,860 - 7054 Pension Contibutions - FICA 30 30 - 707 Other. Employee Costs 3,110 3.,110 - - 710 Office Supplies 1,990 1,990 - 720 General Operating Supplies 860 - 860 - 820 Office Services 1,.110 1,110 - 825 Postage and Telephone 1,665 1,665 - 830 Transportation, Conferences 1;705 1,705 - 835 Training Expense 450 450 - 850 Repair and Maintenance Services 715 715 860 Rentals 50 50 - Training Expense Total $ 122,695 $ 122,695 $ - 013 - Purchasing and Research 700 Salaries and Wages $ 63,810 $ 63,810 $ - 7051 Pension. Contributions - IMRF 8,030 8,030 - 7054 Pension Contributions - FICA 30, 30 - 707 Other Employee Costs 4,340 4,340 - 710 Office Supplies 1,550 1,550 - 820 Office Services 2,125 2,125 - 825 Postage and Telephone 1,585 1,585 - 830 Transportation, Conferences 700 700. .. -. 835 Training Expense 400 400 - 850 Repair and Maintenance Services - 105 105 - 860 Rentals 360 360 - 960 Capital Replacements 300 300 - 970 Capital Additions 1,000 1,000 - Total $ 84,335 $ 84,335 $ - 014 - Personnel and Administrative Services 700 Salaries and Wages $ 68,775 $ 68,775 $ - 7051 Pension Contributions - IMRF 8,130 8,130 - 7054 Pension Contributions - FICA 130 130 - 707 Other Employee Costs 4,465 4,465 - n Code Number Expenditure Classification - Personnel and Administrative Servic 710 Office Supplies 795 Miscellaneous Supplies 800 Professional Services 820 Office Services 825 Postage and Telephone 830 Transportation, Conferences 835 Training Expense 850 Repair and Maintenance Services 860 Rentals 886 Surety Bonds 959 Unclassified Expenditures Total 015 - Legal Department 700 Salaries and Wages 7051 Pension Contributions - IMRF 7054 Pension Contributions - FICA 707 Other Employee Costs 710 Office Supplies 800 Professional Services 820 Office Services 825 Postage, Telephone 830 Transportation, Conferences 835 Training Expense 850 Repair and Maintenance Services Total 016 - Work Management Analyses 700 Salaries and Wages 7051 Pension Contributions - IMRF 707 Other Employee Costs 710 Office Supplies 820 Office Services 825 Postage, Telephone 835 Training Expense 850 Repair and Maintenance Services Total 018 - Human Relations Commission 700 Salaries and Wages 7051 Pension Contributions - IMRF 707 Other Employee Costs 710 Office Supplies 820 Office Services 825 Postage and Telephone 830 Transportation, Conferences 835 Training Expense Total Estimated Receipts From Sources Appropriation Other Than 1982 Taxation - cont. $ 3,365 180 15,350 6,500 2,630 1,350 1,850 115 1,445 25 900 $ 115,210 $ 61,910 7,770 40 4,395 4,950 30,800 1,505 1,490 2,600 505 185 $ 116,150 $ 22,885 2,900 1,450 320 150 160 300 130 S 28,295 S 25,280 3,160 1,455 950 175 775 1,285 465 $ 33,545 S 3,365 180 15,350 6,500 2,630 1,350 1,850 115 1,445 25 900 $ 115,210 $ 61,910 7,770 40 4,395 4,950 30,800 1,505 1 ,490 2,600 505 185 $ 116,150 $ 22,885 2,900 1,450 320 150 160 300 130 $ 28,295 $ 25,280 3,160 1,455 950 175 775 1,285 465 S 33,545 To Be Raised By Taxation ■ - t S - S - 0 Estimated ' Receipts From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification - 1982 Taxation Taxation General Corporate Purposes: 019- Boards and Commissions 9532 Economic Development. Commission $ 12,000 $ 12,000 $ - 9533 Beautification Commission 500 500 - 9534 Chamber of Commerce 20,500 20,500 - 9535 Central Elgin Corporation 25,000 25,000 - Total $ 58,000 $ 58,000 $ - 020 - Finance Department - - 700 Salaries and Wages $ 395,715 $ 395,715 $ - 7051 Pension Contributions - IMRF 48,615 48,615 - 7054 Pension Contributions - FICA 390 390 - 707 Other Employee Costs 27,525 27,525 - 710 Office Supplies 21,225 21,225 - 720 General Operating Supplies 550 550 - 740Repair and Maintenance Supplies 75 75 - 770 Materials for Resale 500 500 - 780 Regulatory Supplies 2,.750 2,750 - 800 Professional Services. 18,150 18,150 - 820 Office.. Services. 20,750 20,750 - 825 Postage and Telephone 43,750 43,750 - 830 Transportation, Conferences 2,300 2,300. - 835 Training Expense 2,.000 2,000 - 850 Repair and Maintenane Services 3,100 3,100 - 860 Rentals 73,850 73,850 - 870 Miscellaneous Services 1,050 1,050 - 886 Surety Bonds - 50 50 - 959 Unclassified Expenditures 200 200 - 960 Capital Replacements 1,.350 1,3'.50 - 970 Capital Additions 2,075 2,075 - Total $ 665,970 $ 665,970 $ - 030 - Department of Buildings 700 Salaries and Wages $ 156,545 $ 156,545 $ - 7051 Pension Contributions - IMRF 19,170 19,170 - 7054 Pension Contributions - FICA 265. 265 - 707 Other Employee Costs 12,980 12,980 - 709 Personal Services Recovered (10,000) (.10,000) - 710 Office Supplies 820 820 - 720 General Operating Supplies. 8,265 8,265 - 740 Repair and Maintenance Supplies 10,900 10,900 - 820 Office Services 260- 260 - 825 Postage and Telephone 1,180 1,180 - 830 Transportation, Conferences 695 695 - 835 Training Expense 360 _ 380 - 840 Utilities 27,310 27,310 - 850 Repair and Maintenance Services 17,285 17,285 - 860 Rentals 175 175 - 870 Miscellaneous Services 1,845 1,845 - 970 Capital Additions 650 650 - 980 Major Repairs 28,000 28,000 - 990 New Construction 24,945 24,945 - Total $ 301,670 $ 301,670 $ - 0 Estimated d Receipts From Sources To Be Code Appropriation Other Than - Raised By Number Expenditure Classification 1982 Taxation Taxatio{ General Corporate Purposes: - -- 040 - Community Development Department 700 Salaries and Wages $ 442,740 $ 442,740. $ - 7051 Pension Contributions - IMRF 55,335 55.,335 - 7054 Pension Contributions - FICA 60- 60 - 707 Other Employee Costs 42,770 42,770 - 710 Office Supplies 9,455 9,455 - 720 General Operating Supplies 6,105 6,105 - 770 Materials for Resale 500 500 - 800 Professional Services 15,500 15,500 - 820 Office Services 10,955 10,955 - 825 Postage and Telephone 6,105 6,105 - 830 Transportation, Conferences 1,555 1,555 - 835 Training Expense 500 500 - 850 Repair and Maintenance Services 4,045 4,045 - 860 Rentals 125 125 - - 870 Miscellaneous Services 19,870 19,870 - 960 Capital Replacements 800 800 - Total - $ 616,420 $. 616,420 $ - 050 - Police Department 700 Salaries and Wages $ 3,396,365 $ 823,560 $2,572,605 7051 Pension Contributions - IMRF 65,810 65,810 - 7052 Pension Contributions - Police 751,800 751,800 - 7054 Pension Contributions - FICA 400 400 - 707 Other Employee Costs 319,535 319,535 - 709 Personal Services Recovered (3,000) (3,000) - 710 Office Supplies 26,880 26,880 - 720.General Operating Supplies 166,830 166,830 - 740 Repair and Maintenance Supplies 1,435 1,435 - 795 Miscellaneous Supplies 150 150 - 800 Professional Services 1,850 1.,850 - 620 Office Services 7,465 7,465 - 825 Postage and Telephone 28,675 28,675 - 830 Transportation, Conferences 3,400 3,400 - 635 Training Expense 14,505 14,505 - 840 Utilities 2,115 2,115 - 850 Repair and Maintenance Services 113,660 113,660 - 860 Rentals- 1,,695 1,695 - 870 Miscellaneous Services 13,850 13,850 - 886 Surety Bonds 125 125 - 959 Unclassified Expenditures 5,000 5,000 - 960 Capital Replacements 81,335 81,.335 - 970 Capital Additions 6,165 6,165 - Total $ 5,006,045 $ 2,433,240 $2,572,805 059 - Civil Defense Division 820 Office Services $ 20 $ 20 $ - 825 Postage and Telephone 1,505 1,505 - 830 Transportation, Conferences 200 200 - 835 Training Expense 100 100 - 840 Utilities 280 - 280 - 850 Repair and Maintenance Services 75 75 - Total $ 2,180 $ 2,180 $ - Code Numbe" Expenditure Classification General Corporate Purposes: 060 - Fire Department 700 Salaries and Wages. _. 7051 Pension Contributions IMRF 7053 Pension. Contributions - Fire 707 Other Employee Costs 709 Personal Services Receovered 710 Office Supplies 720 General Operating Supplies 740 Repair and Maintenance' Supplies 820 Office Services 825 Postage and Telephone 830 Transportation, Conferences 835 Training Expense 840 Utilities 850 Repair and Maintenance Services 860 Rentals 870 Miscellaneous Services 960 Capital Replacements 980 Major Repairs Total Appropriation 1982 $ 2,246,345 2,510 818,400 215,965 (4,000) 4,710 37,610 11,475 845 7,275 2,505 13,460 13,205 15,015 1,590 3,005 164,665 9,155 $.. 3,563,735 671 - Public Works Department - Administration 700 Salaries and Wages $ 74,705 7051 Pension Contributions - IMRF 8,505 7054 Pension Contributions - FICA 80 707 Other Employee Costs 4,305 710 Office Supplies 800. 720 General Operating Supplies 990 820 Office Services 265 825 Postage and Telephone 2,315- 830 Transportation, Conferences 1,760 835 Training Expense 250 850 Repair and Maintenance Services 920 Total. $ 94,895 072 - Engineering Division " 700 Salaries and Wages $ 309,810 7051 Pension Contributions - IMRf 38,380 7054. Pension Contributions - FICA 320 707 Other Employee Costs 33,980 710 Office Supplies 2,520 720 General Operating Supplies 7,880 740 Repair and Maintenance Supplies 785 800 Professional Services 3,000 820 Office Services 830 825 Postage and Telephone 2,810 830 Transportation, Conferences 1,825 835 Training Expense 1,730 840 Utilities 2,115 850 Repair and Maintenance Services 7,250 a Estimated Receipts From Sources Other Than Taxation $ 246,345 2,510 818,400 215,965 (4,000) 4,710 37,610 11,475 845 7,275 2,505 13,460 13,205 15,015 1,590 3,005 164,665 9,155 $ 74,705 8,505 80 4,305 800 990 265 2,315 1,760 250 920 $ 94,895 $ 309,810 38,380 320 33,980 2,520 7,880 785 3,000 830 2,810 1,825 1,730 2,115 7,250 To Be Raised By Taxation $2,000,000 $2.,000,000 Estimated , Receipts From Sources To Be Code Appropriation Other Than Raised By Number : Expenditure Classification 1982 Taxation Taxation/ - General Corporate Purposes: 072 - Engineering Division - cont'd. 870 Miscellaneous Services $ 150 $ 150 $ - 960 Capital Replacements 3,460 3,460 - 990 New Construction 2,800 2,800 - Total $ 419,645 $ 419,645 $ - 074 - Electrical Division 700 Salaries and Wages $ 112,230 $ 112,230 $ - 7051 Pension Contributions - IMRF 13,640 13,640 - 7054 Pension Contributions -FICA .310 310 - 707 Other Employee Costs 15,190 15,190 - - - 709 Personal Services Recovered (12,500) (12,500) - 710 Office Supplies 35 35 - 720 General Operating Supplies 5,185 5,185 - 740 Repair and Maintenance Supplies 24,330 24,330 - 770 Materials for Resale 10,620 10,620 - 799 Material Costs Recovered ( 11000) ( 11000) - 820 Office Services 110 110 - 825 Postage and Telephone 470 470 - 830 Transportation, Conferences 650 650 - 840 Utilities 235,360 235,360 - 850 Repair and Maintenance Services 5,535 5,535 - 860 Rentals 400 400 - 870 Miscellaneous Services 75 75 - 970 Capital Additions 30,445 30,445 - f Total $ 441,085 $ 441,085 075 - Sanitation Division 700 Salaries and wages $ 319,235 $ 319,235 $ - 7051 Pension Contributions - IMRF 39,820 39,820 - 7054 Pension Contributions - FICA 330 330 - 707 Other Employee Costs 46,105 46,105 720 General Operating Supplies 34,550 34,550 - 740 Repair and Maintenance Supplies 580 580 - 820 Office Services 170 170 - 825 Postage and Telephone 470 470 - 840 Utilities 142,500 142,500 - 850 Repair and Maintenance Services 106,320 106,320 - 870 Miscellaneous Services 360 360 - Total $ 690,440 $ 690,440 - 076- Streets Division 700 Salaries and Wages $ 475,660 $ 475,660 $ - 7051 Pension Contributions - IMRF 58,730 _. 58,730 - 7054 Pension Contributions - FICA 770 770 _ 707 Other Employee Costs 68,360 68,360 - 709 Personal Services Recovered (20,000.) (.20,000) - - 720 General Operating Supplies 34,235 34,235 - 740 Repair and Maintenance Supplies 56,970 56,970 - 799 Material Costs Recovered (1,000) (1,000) - 800 Professional Services 850 850 - 820 Office Services 210 210 - 830 Transportation, Conferences 885 865 - 835 Training Expense 250 250 - 840 Utilities 12,885 12,865 - 850 Repair and Maintenance Services 106,155 106,155 - 9 077 - Sewers Division 700 Salaries and Wages Estimated 152,345 $ 152,345 Receipts 7051 Pension Contributions - IMRF From Sources To Be .Code Appropriation Other Than Raised By _ Number Expenditure Classification 1982 Taxation Taxation __. General Corporate Purposes: 707 Other Employee Costs 076 - Streets Division - cont'd. 17,325 - 860 Rentals $ 915 $ 915 $ - 870 Miscellaneous Services 1,395 1,395 - 879 Contractual Costs Recovered (1,000) (11000) - 960 Capital Replacements 72,675 72,675 - 980 Major Repairs 559,000 559,000 - 990 New Construction - 31,.500 31,500 - Total $ 1,459,445 $1,459,445 $ - 077 - Sewers Division 700 Salaries and Wages $ 152,345 $ 152,345 $ - 7051 Pension Contributions - IMRF 19,010 19,010 - 7054 Pension Contributions - FICA 155 155 - 707 Other Employee Costs 17,325 17,325 - 709 Personal Services Recovered (11500)_ (1,500). - 720 General Operating Supplies 17,490 17,490 - 740 Repair and Maintenance Supplies 8,410 8,410 - 820 Office Services 140 140 - 825 Postage and Telephone 145 145 - 840 Utilities 3,560 3,560 - 850 Repair and Maintenance Services 24,700 24,700 - 860 Rentals 50 50 - 870 Miscellaneous Services 1,000 1.1000 - 960 Capital Replacements 12.,250 12,250 - 980 Major Repairs 20,000 20,000 - E.. Total $ 275,080 $ 275,080 $ - 079 - Construction Division 700 Salaries and Wages $ 203,995 $ 203,995 $ - 7051 Pension Contributions: -.1MRF 25,845 25,845 - 707 Other Employee Costs 25,290 25,290 - 709 Personal Services Recovered (255,130) (255,130) - 720 General Operating Supplies 24,025 24,025 - 740 Repair and Maintenance Supplies 1,645 1,645 - 799 Material Costs Recovered. (25,670) (25,670) - 820 Office Services 170 170 - 830 Transportation, Conferences 190 190 - 840 Utilities 3,450 3,450 - 850 Repair and Maintenance Services 36,000 36,000 - 860 Rentals 40 40 - 870 Miscellaneous Services 140 140 - 879 Contractual Costs Recovered (39,990) (39,990) - 960 Capital Replacements 1,000 1,000 - 970 Capital Additions 55.5 555 - Total $ 1,555 $ 1,555 $ - 081 - Public Property and Recreation - Administration 700 Salaries and Wages $ 51,185 $ 51,185 $ - 7051 Pension Contributions - IMRF 6,415 6,415 - 7054 Pension Contributions - FICA 40 40 - 707 Other Employee Costs 2,930 2,930 - ` "- 710 Office Supplies 1,685 1,6.85 - 10 Code er Expenditure Classification ral Corporate Purposes: - Public Property and Recreation - Ad 720 General Operating Supplies 820 Office Services 825 Postage and Telephone 830 Transportation, Conferences 835 Training Expense 850 Repair and Maintenance Services Total 082 - Recreation Division 700 Salaries and Wages 7051 Pension Contributions - IMRF 7054 Pension Contributions - FICA 707 Other Employee Costs 710 Office Supplies 720 General Operating Supplies 740 Repair and Maintenance Supplies 770 Materials for Resale 799 Material Costs Recovered 820 Office Services 825 Postage and Telephone 830 Transportation, Conferences 840 Utilities 850 Repair and Maintenance Services 860 Rentals 870 Miscellaneous Services 877 Special Event Expense 879 Contractual Costs Recovered 951 Illinois State Sales Tax 960 Capital Replacements 970 Capital Additions Total 087 - Mall Coordinator 700 Salaries and Wages 7051 Pension Contributions - IMRF 7054 Pension Contributions - FICA 707 Other Employee Costs 708 Employee Transfer Charges 709 Personal Services Recovered 710 Office Supplies 720 General Operating Supplies 740 Repair and Maintenance Supplies 820 Office Services 825 Postage and Telephone - 830 Transportation, Conferences 835 Training Expense 850 Repair and Maintenance Services 860 Rentals 870 Miscellaneous Services Total 11 Estimated Receipts From Sources.- Appropriation Other Than 1982 Taxation $ 725 300 1,385 1,335 390 970 $ 67,360 $ 220,815 8,995 9,985 11,520 3,225 39,510 4,370 10,030 510) 4,815 11,300 3,035 42,095 3,830 15,050 11,035 (1,200) ( 360) 720 1,875 23,810 $ 423,945 $ 25,620 3,160 45 1,465 3,890 (9,750) 560 660 170 12,285 860 285 150 165 165 5,360 $ 45,090 $ 725 300 1,385 1,335 390 970 $ 67,360 $ 220,815 8,995 9,985 11,520 3,225 39,510 4,370 10,030 ( 510) 4,815 11,300 3,035 42,095 3,830 15,050 11,035 (1,200) 360) 720 1,875 23,810 $ 423,945 $ 25,620 3,160 45 1,465 3,890 (9,750) 560 660 170 12,285 860 285 150 165 165 5,360 $ 45,090 To Be Raised By Taxation S S - Y Estimated Receipts From Sources To Be - -.. Code Appropriation Other Than Raised By Number Expenditure Classification 1982 Taxation Taxation General Corporate Purposes: 088 - Parks Maintenance 700 Salaries and Wages $ 381,165 $ 381,165 $ - 7051 Pension Contributions - IMRF 46,285 46,285 - 7054 Pension Contributions - FICA 1,060 1,060 - 707 Other Employee Costs 31,690 31,690 - 709 Personal Services Recovered (17,.000) (17,000) - 710 Office Supplies 140 140 - 720 General Operating Supplies 47,960 47,960 - 740 Repair and Maintenance Supplies 11,550 11,550 - 780 Regulatory Supplies 30 30 - 800 Professional Services 200 200 - 820 Office Services 305 305 - 825 Postage and Telephone 1,535 1,535 - 830 Transportation, Conferences 740 740 - 835 Training Expense 950 950 - 840 Utilities 17,860 17,860 - 850 Repair and Maintenance. Services 22,200 22,200 - 860 Rentals 400 400 - 870 Miscellaneous Services 4,600 4,600 - 960 Capital Replacements 12,695 12,695 - 970 Capital Additions 2,070 2.,070 - 980 Major Repairs 20,005 20,005 - 990 New Construction 5,195 5,195 - Total $ 591,635 $ 591,635 $ - f 089 - Public Prop. and Recrea. - Hemmens Building 700 Salaries and wages $ 92,655 $ 92,655 $ - 7051 Pension Contributions - IMRF 8,700 8,700 - 7054 Pension Contributions - FICA 1,605 1,605 - 707 Other Employee Costs 7,435 7,435 - 708. Employee Transfer Charges. 9,750 9,750 - - 709 Personal Services Recovered (3,890) (3,890) - 710 Office Supplies 1,265 1,265. - 720. General: Operating Supplies 3,380 3,380 - 740 Repair and Maintenance Supplies 4,1.90 4,190 - 770 Materials for Resale 6,500 6,500 - 820 Office Services 1,365 1,365 - 825 Postage and Telephone 3,635 3,635 - 630 Transportation, Conferences 815 815 - 835 Training Expense 500 500 - 840 Utilities 20,800 20,800 - 850 Repair and Maintenance Services 1,690 1,690." - 860 Rentals 100 100 - 870 Miscellaneous Services 5,075 5,075 - 877 Special Events Expense (4,800) (4,800). - 960 Capital Replacements 21,000 21,000 - 980 Major Repairs 14,885 14,885 - Total $ 196,655 $ 196,655 $ - 190 -Non- Departmental 710 Office supplies $ 990 $ 990 $ - 720 General Operating Supplies 10,585 10,585 - Boo Professional Services 31,500 31,500 - 825 Postage and Telephone 27,910 27,910 - 830 Transportation, Conferences 300 300 - 13 Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By Number Expenditure Classification 1982 Taxation Taxation _General Corparate Purposes: 1.90 - non - Departmental - cont'd. 850 Repair and Maintenance Services $ 1,350 $ 1,350 $ - 9197 Transfer to Cemetery Fund 6,600 6,600 - 950 Real Estate Taxes 1,500 1,500 - 953 Contributions 1,050 1,050 - 9551 Working Cash Requirement 1,308,555 1,308,555 - Total $ 1,390,340 $ 1,390,340 $ - Total Appropriation $16,843,230 Total Estimated Revenue From Sources Other Than Taxation $12,270,425 Amount To Be Raised By Taxation $ 4,572,805 Add: 1% For Loss of Collection 46,190 Total Amount To Be Raised By Taxation General Corporate Purposes $.4,618,995 Special Corporate Purposes: 200 - Public Benefit. Fund - installments and Interest due on various Special Assessment Projects as follows: Warrant Number 73 -TX -17694 due on 1 -2 -84 $ 1,900 $ - $ 1,900 Elgin No. 12 due on 1 -2 -84 1,775 - 1,775 76 -TX -3225 due on 1 -2 -84 1,610 - 1,610 77 -TX -2747 due on 1 -2 -83 228,200 228,200 - 77 -TX -2747 due on 1 -2 -84 320,565 100,850 219,715 Total $ 554,050 $ 329,050 $ 225,000 Total Appropriation $ 554,050 Total Revenue From Sources Other Than Taxation $ 329,050 Amount To Be Raised By Taxation $ 225,000 Add: 1% For Loss of Collection 2,273 Total Amount To Be Raised By Taxation For Public Benefit Purposes $ 227,273 210 - Road and Bridge Fund Transfer for Street & Bridge Repairs $ 150,000 $ 150,000 $ - Total $ 150,000 $ 150,000 $ - - 13 I Estimated Receipts To Be Code From Sources Raised By Appropriation Other Than Taxation Number Expenditure Classification 1982 Taxation Special Corporate Purposes:: 230 - Community Development Grant 800 Professional Services $ 10,500 $ 10,500 $ - 919 Miscellaneous Transfers 167,400 167,400 - 9191 Transfer to General Fund 31,060 31,060 - 952 Rehabilitation Loans or Grants 271,585 271,585 - 9521 N H S Loans 175,000 175,000 9703 3rd. Year Grant Projects 1,280 1,280 - 9704 4th Year Grant Projects 1,095 - 1,095 - 9706 6th Year Grant Projects 39,500 39,500 - _ 9707 7th Year Grant Projects 120,500 120,500 - 9708 8th Year Grant Projects 425,320 425,320 - Total $ 1,243,240 $. 1,.243.,240 $. - 270 - Federal Revenue Sharing Fund 9191 Transfer to General Fund $ 432,260 $ 432,260. $. - 9194 Transfer to Capital Improvement Pd. 180,000 180,000 - 9196 Transfer to Parking 90,000" 90,000 - 9199 Transfer to Downtown Redevelopment 134,000 134,000 - 955 Contingencies - - 104,260 .104,260 - Total $ 940,520 $ 940,520 $ - 260 - Illinois Municipal Retirement Fund All such monies as the law provides that shall be paid to Municipal Retirement Fund $ 1,253,335 S 859,635 $ 393,900. Total Appropriation $ 1,253,335 Total Revenues From Sources Other Than Taxation $ 859,635' Amount To Be Raised By Taxation $ Add: 1% For Loss of Collection 393,700 3.977 Total Amount To Be Raised By Taxation For Municipal Retirement Fund $. 397,677 290 - Motor Fuel Tax Fund - 761 Premix $ 50,000 $ 50,000 $ - 764 Salt 65,000 65,000 - 855 Seal Coating 50,000 50,000 - 856 Snow Removal 5,000 5,000 - 857 Street Resurfacing 200,000 200,000 - 859 Traffic Signals 30,000 30,000 - Total $ 400,000 $' 400,000 $ - Interfund Transfers 920 Catch, Basins $ 18,000 $ 18,000 $ - 921 Crack Filling 10,000 10,000 - 922 Premix Patching 80,000 80,000 - 923 Snow and Ice Control 120,000 120,000 - 924 Storm Sewers 7,500 7,500 - 925 Street Sweeping 135,000 135,000 - 926 Tree Trimming 50,000 50,000 - I 15 To Be Raised B� =... s' Taxation 325,000 114,390 439,390 $ 439 ,? °0 40 4_ J 399,090 4,031 $ 403,121 S - Estimated Receipts From Sources Code Appropriation Other Than Number Expenditure Classification 1982 Taxation Special Corporate Purposes: 290 - Motor Fuel Tax Fund - cont'd. 927 Maintenance Engineering $ 15,000 $ 15,000 928 Traffic Markings 5,000 5,000 929 Traffic Lights - Energy 49,500 49,500 930 Traffic Lights - Labor 35,000 35,000 937 Curbs and Gutters 15,000 15,000 Total $ 540,000 $ 540,000 Other Charges 955 Contingencies $ 32,300 $ 32,300 Total Motor Fuel Tax $ 972,300 $ 972,300 300 - Corporate Bond Fund 901 Principal Payment $ 550,000 225,000 902 Interest Payment $ 153,290 38,900 Total $ 703,290 263,900 Total Appropriation $ 703,290 Total Revenue From Sources Other Than Taxation $ 263,900 Amount To Be Raised By Taxation Less: Estimated Property Tax Replacement. Add: 1.8 For Loss of Collection Total Amount To Be Raised. By Taxation For Corporate Bond Purposes 330 - Spring Street Parking Construction 990 New Construction $ 343,145 $ 343,145' 340 - Park Development Fund 9191 Transfer to General Fund - $. 52,,.500 $ 52,500 950 Real Estate Taxes 7,500 7,500 990 New Construction 34,000 34,000 Total $ 94,000 $ 94,000 350 - Downtown Redevelopment Fund 840 Utilities $ 18,340 $ 18,340 850 Repair and Maintenance Services 7,000 7,000 870 Miscellaneous Services 500 500 9011 Principal Payment 107,000 107,000 9021 Interest Payment 27,000 27,000 950 Real Estate Taxes 61500 6,500 955 Contingencies 6,510 6,510 Total $ 172,850 $ 172,850 15 To Be Raised B� =... s' Taxation 325,000 114,390 439,390 $ 439 ,? °0 40 4_ J 399,090 4,031 $ 403,121 S - Code Appropriation Number Expenditure Classification 1982 K" Special Corporate Purposes: `- 375- Capital Improvements - Otter Creek (City). . 990 New Construction $ 88,500 - �apicai improvements - 955 Contingencies 377 - Capital Improvements - Old Main 980 Major Repairs 378 - Capital Improvements - Tyler Creek 800 Professional Services 955 Contingencies 990 New Construction Total 390 - Wa 960 970 980 990 ter Bonds - Project Fund Capital Replacements Capital Additions Major Repairs New Construction Total 400 - Water Operating Fund 700 Salaries and Wages 7051 Pension Contributions - IMRF 7054 Pension Contributions - FICA 707 Other Employee Costs 710 Office Supplies 720 General Operating Supplies 740 Repair and Maintenance Supplies 770 Materials For Resale 800 Professional Services -820 Office Services 825 Postage and Telephone 830 Transportation, Conferences 835 Training Expense 840 Utilities 850 Repair and Maintenance Services 860 Rentals 870 Miscellaneous Services Total Bonds and Interest 9011 Principal Payment - Revenue Bonds 9021 Interest Payment - Revenue Bonds 9031 G.O. Principal - 1976 Water 9032 G.O. Principal - 1979 Water 9036 G.O. Interest - 1976 Water 9037 G.O. Interest - 1979 Water Total Interfund Transfers 906 Transfer - Administrative Costs $ 70,000 $ 26,000 $ 30,000 6,040 375,000 $ 411,040 $ 524,000 14,500 620,000 1,888,830 $3,047,330 $ 608,015 73,595 1,590 75,040 2,020 295,585 58,725 2,000 29,620 1,135 7,420 2,980 1,150 729,480 286,850 350 2,180 $2,177,735. $ 150,000 4,500 75,000 400,000 46,775 1,215,500 $1,891,775 $ 108,900 16 Estimated Receipts From Sources Other Than Taxation $ 70,000 $ 26,000 $ 30,000 6,040 .375,000 $ 411,040 $ 524,000 14,500 620,000 .1,888,830 $3,047,330 $ 608,015 73,595 1,590 75,040 2,020 295,585 58,725 2,000 29,620 1,135 7,420 2,980 1,150 729,480 286,850 350 2,180 $2.177.735 $ 150,000 4,500 75,000 400,000 46,775 1,215,500 $1,891,775 $ 108,900 To Be Raised By Taxation S - W 17 Estimated Receipts From Sources To Be Code - Appropriation Other Than Raised By Number Expenditure Classification 1982 Taxation Taxation - - -- SpeciaLCorporate.Purposes: f 400 - Water Operating Fund Interfund Transfers - cont'd. 913 Transfer to Improvement Fund $ 48,000 $ 48,000 $ - 917 Transfer in Lieu of Taxes 220,000 220,000 Total $ 376,900 $ 376,900 $ - Other Charges 955 Contingencies $ 14,645 $ 14,645 $ - 9559 Provision for Debt Service 600,000 600,000 - Total $ 614,645 $ 614,645 $ - Capital Expenditures 960 Capital Replacements $ 12,850 $ 12,850 $ - 970 Capital Additions 111,780 111,780 - 980 Major Repairs 82,000 82,000 - 990 New Construction 25,615 25,615 - Total $ 232,245 $ 232,245 $.- Total - Water Operating $ 5,293,300 $ 5,293,300 $ - 410.- Water Improvement Fund Other Charges 955 Contingencies $ 358,300 $ 358,300 $ - Total - Water Improvement Fund $ 358,300 $ 358,300 $ - 450 - Parking Operating Fund 700 Salaries and Wages $ 101,085 $ 101,085 $ - 7051 Pension Contributions - 2MRF 11,115 11,115 - 7054 Pension Contributions - FICA 895 -895 - 707 Other Employee Costs 8,570 8,570 - 709 Personal Services Recovered (27,630) (27,830) - 710 Office Supplies 230 230 - 720 General Operating Supplies 2,370 2,370 - 740 Repair and Maintenance Supplies 4,210 4,210 - 820 Office Services 1,700 1,700 - 825 Postage and Telephone 850 850 - 840 Utilities 9,060 9,060 - 850 Repair and Maintenance Services 9,370 9,370 - 860 Rentals 3,000 3,000 - 870 Miscellaneous Services 900 900 - Total $ 125,525 $ 125,525 $ - Interfund Transfers 904 Principal Payment $ 90,000 $ 90,000 $ - 906 Transfer - Administrative Costs 13,200 13,200 - Total. $ 103,200 $ 103,200 $ - Other Charges 955 Contingencies $ 56,280 $ 56,280 $ - Total - Parking Operating $ 285,005 $ 265,005 $ 17 Estimated Receipts From Sources To Be Code - Appropriation Other Than Raised By Number Expenditure Classification 1982 Taxation Taxation Special Corporate Purposes: 455- Spring Street Parking Operating Fund - 700 Salaries and Wages $ 19,830 $ 19,830 $ - 7051 Pension Contributions - IMRF 220 220 - 7054 Pension Contributions - FICA 1,215 1,215 - 707 Other Employee Costs 695 695 - 708 Employee Transfer Charges 27,830 27,830 - 710 Office Supplies 205 205. - 720 General Operating Supplies 1,350 1,350 - 740 Repair and Maintenance Supplies 1,650 1,650 - 820 Office Services 1,800 1,800 - 825 Postage and Telephone 530 530 - - 835 Training Expense 350 350 - 840 Utilities 15,170 15,.170 - 850 Repair and Maintenance Services - 4,000 - 4,000 - 870 Miscellaneous Services 1,500 1,500 - Total $ 76,345 $ 76,345 $ - Bonds and Interest 9038 G.O. Interest - 1980 Parking $ 217,625 $ 217,625 $ - Interfund Transfers 906 Transfer - Administrative Costs $ 3.,600 $ 3.,.600 $ - Other Charges 955 Contingencies $ 3,895 $ 3,895 $ - Total - Spring Street Parking $ 301,465 $. 301,465 $ - 490 - Parking Construction Fund Other Charges 955 Contingencies $ 1,020 $ 1,020 $ - Capital Expenditures 990 New Construction -$ 665,000 $ 665,000 $. - Total - Parking Construction $ 666,020 $. .666,026 $ - 500 - Cemetery Operating Fund 700 Salaries and Wages $ 119,095 $ 119,095 $ - 7051 Pension Contributions - IMRF 13,570 13,570 - 7054 Pension Contributions - FICA 805 805 - 707 Other Employee Costs 9,000 9,000 - 708. Employee Transfer Charges. 1,000 1,000 - 710 Office Supplies 370 370 - 720 General Operating Supplies 9,715 9,715 - 740. Repair and Maintenance Supplies 3,250 3,250. - 770 Materials for Resale 5,175 5,175 - 8.20 Office Services 1,160 1,160 - 825 Postage and Telephone 980 980 - 830 Transportation, Conferences 540 540 - ..... 840 Utilities 7,425 7,425 - 850 Repair and Maintenance Services - 4,960 4,960 - 860 Rentals 100 100 - 870 Miscellaneous Services 565 565 - Total $ 177,710 $ 177,710 $ - 0 Estimated Receipts Code From Sources To Be Number Expenditure Classification- Appropriation Other Than Raised By Special Corporate Purposes - 1982' Taxation Taxation SOO - Cemetery Operating Fund - cort'd Interfund Transfers 906 Transfer - Administrative Costs $ 7,200 $ 7,200 $ _ Other Charges 955 Contingencies $ 1,630 $ 1,630 $ _ Capital Expenditures 960 Capital Replacements $ 19,150 $ 19,150 $ _ Total - Cemetery Operating $. 205,690 $. 205,690 $ _ 540 - Golf Operating Fund. 700 Salaries and Wages $ 154,160 $ 154,160 $ _ 7051 Pension Contributions - IMRF 15,425 1.5,425 _ 7054 Pension Contributions - FICA 2,315 2,315 707 Other Employee Costs - 11,885 11,885 _ 710 Office Supplies 130 - 130 720 General Operating Supplies 26,195 26,195 - 740 Repair and Maintenance Supplies 10,855 10,855 770 Materials for Resale 40,900 40,900 795 Miscellaneous Supplies 50 50 820 Office Services 3,650 3,650 _ {, 825 Postage and Telephone 3,000 3,000 - 830 Transportation, Conferences 950 950 835 Training Expense 60 60 840 Utilities 16,285 16,285 _ 850 Repair and Maintenance Services 4,700 4,700 860 Rentals 685 685 870 Miscellaneous Services 625 625 - 883 Liability Insurance 800 800 Total $ 292,670 $ 292,670 $ _ Interfund Transfers 906 Transfer - Administrative Costs $ 11,500 $ 11,500 $ - 919 Miscellaneous. Transfers 19.,000 19,000 _ Total $ 30,500 $ 30,500 $ - Other Charges 951 Illinois State Sales Tax $ 4,400 $ 4,400 $ - 955 Contingencies 28,150 28,150 - Total $ 32,550 $ 32,550 $ - Total - Golf Operating $ 355,720 $ 355,720 $ - 543 - Golf Improvement Fund Other Charges 955 Contingencies $ 1,865 $ 1,865 $ - 0 570 - Transportation Operating Fund 700 Salaries and Wages $ Estimated $ 720,540 $ - 7051 Receipts 89,.770 89,770 From Sources To Be Code Appropriation Other Than Raised By fi :Number Expenditure Classification - 1982 Taxation Taxation Special Corporate Purposes: 73,540 - 709 543 - Golf Improvement Fund - cont'd. (2,000) (2,000) Capital Expenditures 710 Office Supplies _ 2,395 960 Capital Replacements $ 18,500 $ 18,500 $ - 970 Capital Additions 307,515 800 Boo - 980 Major Repairs Repair and Maintenance Supplies 12,925 12,925 - Total $ 32,225 $ 32,225 $ - Total - Golf Improvement $ 34,090 $ 34,090 $ - 570 - Transportation Operating Fund 700 Salaries and Wages $ 720,540 $ 720,540 $ - 7051 Pension Contributions - IMRF 89,.770 89,770 - 7054 Pension Contributions - FICA 745 745 - 707 Other Employee Costs .73,540 73,540 - 709 Personal Services Recovered (2,000) (2,000) - 710 Office Supplies 2,395 2,395 - 720. General Operating Supplies 307,515 307,515 - 740 Repair and Maintenance Supplies 950 950 - 795 Miscellaneous Supplies 100 100 - 800. Professional Services 1,820 1,820 - 820 Office Services 24,450 24,450 - 825 Postage and Telephone 3,440 3,440 - 830 Transportation, Conferences 1,250 1,250 - 835 Training Expense 300 300 - 840 Utilities 26,350 26,350 - 850 Repair and Maintenance Services 376,540 376.,540 - 860 Rentals 9,.150 9,150 - 870 Miscellaneous Services 4,210 4,210. - Total $ 1,641,.065 $ 1,641,065 $ - Interfund Transfers 906 Transfer - Administrative Costs $ 36,000 $ 36,000 $ - Capital Expenditures 960 Capital Replacements $ 2,080 $ 2,,080 $ - 970 Capital Additions 115 115 - 960 Major Repairs 29,000 - 29,000 - Total $ 31,195 $ 31,.195 $ - Total - Transportation Operating $ 1,708,260 $ 1,708,.260 $ - 600 - Police Pension Fund All such monies as the law provides that shall be credited to form a part of such fund $. 1,593,000 $ 1,093,000 $ 500,000 Total Appropriation $. 1,593,000 Total Revenues From Sources Other Than Taxation $1,093,000 Amount To Be Raised By Taxation $ 500,000 Add: 1% For Loss of Collection 5 -nsn 20 21 - Estimated Receipts From Sources To Be Code Appropriation Other Than Raised By f° ,. Number Expenditure Classification 1982 Taxation Taxation Special Corporate Purposes: 600 - Police Pension Fund - cont'd. Total Amount To Be Raised By Taxation For Police Pension Purposes $ 505,050 610 - Fire Pension Fund All such monies as the law provides that shall be credited to form a part of such fund $ 1,645,600 $ 990,700 $ 654,900 Total Appropriation $ 1,645,600 Total Revenues From Sources Other Than Taxation $. 990,700 Amount To Be Raised By Taxation $. Add.:. 1% For Loss of Collection 654,900 r Fir Total. Amount To Be Raised By Taxation For Firemen's Pension Purposes $.661.515 630 - Risk Management Fund 800 Professional Services $ 48,000 $ 48,000 S - 850 Repair and Maintenance Services _ 15,000 15,000 - 880 Public Official Liability 7,150 7,150 - 881 Workers Compensation Insurance 44,500 44,500 - 882 Automobile Insurance 5,650 5,650 -, 883 Liability Insurance 55,875 55,675 - 884 Umbrella Liability Insurance 26,300 26,300 - 885 Self Insurance Bond 750 750 - 886 Surety Bonds 3030 - 887 Inland Marine Insurance 6,975 6,975 - 888 Property Insurance 40,075 40,075 - 889 Crime and Faithful Performance 2,675 2,675 - 890 Boiler Insurance 2,825 2,825 - 891 Workmens Compensation Claims 170,000 170,000 - 892 General Liability Claims 20,000 20,000 - 893 Auto Liability - Bodily Injury 1,000 1,000 - 894 Auto Liability - Property Damage 5,000 5,000 - 895 Auto- Physical Damage 12,500 12,500 - 897 Miscellaneous Insurance Claims 2,500 2,500 - Total $ 466,805 $ 466,805 $ - Other Charges 955 Contingencies $ 10,575 $ 10,575 $ - Total - Risk Management $ 477,380 $ 477,380 $ - 21 22 Estimated _ Receipts ` From Sources To Be - Code Appropriation Other Than Raised By Number Expenditure Classification 1962 Taxation Taxation Special Corporate Purposes: 700 - Municipal Garage Fund - Ann Street 700 Salaries and Wages $ 157,770 $ 157,770 $ - 7051 Pension Contributions - IMRF 19,935 19,935 - 7054 Pension Contributions - FICA 30 30 - 707 Other Employee Costs 17,705 17,705 - 709 Personal Services Recovered (25,000) (25,000) - 710 Office Supplies 300 300 - 720 General Operating Supplies 15,725 15,725 - 740 Repair and Maintenance Supplies 95,300 95,300 - 820 Office Services 690 690: - 825 Postage and Telephone 1,000 1,000 - 830. Transportation, Conferences 795 795 - - 835 Training Expense 100 100 - 840 Utilities 255 255 - 850 Repair and Maintenance Services 49,625 49,625 - 860 Rentals 400 400 - 870 Miscellaneous Services 2,920 2,920 - Total $ 337,550 $ 337,550 $ - Interfund Transfers 906 Transfer - Administrative Costs $ 8,250 $ 8,250 $ - 9191 Transfer to General Fund 12,900 12,900 - Total $ 21,150 $ 21,150 $ - Other Charges 955 Contingencies $ 34,380 $ 34,380 $ - 958 Depreciation 10.,000 10,000 - Total $ 44,380 $ 44,380 $ - Total - Municipal. Garage - Ann St.$ 403,060 $ 403,080 $ - 705 - Municipal Garage Fund - Crystal Street 700 Salaries and Wages $ 136,310 $ 136,310 $ - 7051 Pension Contributions - IMRF 17,270 17,270 - 707 Other Employee Cpsts 15,170 15,170 - 706 Employee Transfer Charges 25,000 25,000 - 710 Office Supplies 50 so - 720 General Operating Supplies 8,025 8,025 - 740 Repair and Maintenance Supplies 65,305 65,305 - 820 Office Services 60 60 - 825 Postage and Telephone 1,155 1,155 - 850 Repair and Maintenance Services 40,750 40,750 - 860 Rentals 100 100 - 870 Miscellaneous Services 2,500 2,500 Total $ 311,695 $ 311,695 $ - Interfund Transfers 906 Transfer - Administrative Costs $ 8,250 $ 8,250 $ - -- 9191 Transfer to General Fund 5,700 5,700 - Total $ 13,950 $ 13,950 $ - 22 Code Appropriation umber Expenditure Classification 1962 pecial Corporate Purposes: 05 - Municipal Garage - Crystal Street - cont'd. Other Charges 955 Contingencies $ 19,455 Total - Mun. Gar. - Crystal St. $ 345,100 23 Estimated Receipts From Sources To Be Other Than Raised By Taxation Taxation !r $ 19,455 $ $ 345,100 $ - VOLUME XLVII SECTION 2. 457 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 8 1982 Vote: Yeas: 5 Nays: 2 Recorded.: Published: s/ Richard L. Verbic Richard L. Verbic, Mayor' Attest: s/ Marie Yea an Marie Yearman, City Clerk PASSED FOR THE LE Councilman Gilliam 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. 24 458 VOLUME XLVII Ordinance No. T6 -82 AN ORDINANCE FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1982 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 1982, the total sum of $151,515 for the following purposes: Estimated Receipts From Sources To Be 1982 Other Than Raised By Appropriation Taxation Taxation Debt Services- repayment of loan from City of Elgin for the con- struction of parking facility $441,910 $291,910 $150,000 Total Appropriation $441,910 Total Revenues from Sources $291,910 Other Than Taxation Amount to be raised by Taxation $150,000 1,515 Add: 1% for Loss of Collection Total Amount to be Raised by Taxation for Special Service $L51,515 Area Number Two Purposes 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, Illinois, the sum aforesaid, which total amount City of Elgin Special Service Area Number Two requires to be raised by taxes for the current fiscal year and the City Clerk of the City of Elgin is hereby ordered and directed to file with the County Cerk of the County of Kane on or before the time required by law a certified copy of this ordinance. VOLUME XLVII 459 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 Richard L. Verbic, Mayor Presented: •September 8, 1982 Passed: September 8, 1982 Voter Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearm�n Marie Yearman, City Clerk ORDINANCE PASSED FOR THE LEVY AND ASSESSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1982 IN AND FOR THE CITY OF ELGIN SPECIAL SERVICE AREA NUMBER THREE Councilman Gilliam 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. 460 VOLUME XLVII Ordinance No. T7 -82 AN ORDINANCE FOR THE LEVY AND ASSLSSMENT OF TAXES FOR THE FISCAL YEAR ENDING DECEMBER 31, 1982 IN ANL 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 1982, the total sum of $2,162 for the following purposes: 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 sume 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 Estimated Receipts From Sources To Be 1982 Other Than Raised By Appropriation Taxation Taxation Debt Services - repayment of loan from City of Elgin for the construction of decora- tive lighting $12,260 $10,120 $ 2,140 Total Appropriation $12,260 Total Revenues from Sources Other Than Taxation $10,120 Amount to be Raised by Taxation $ 2,140 Add: 1% for Loss of Collection 22 Total Amount to be Raised by Taxation for Special Service Area Number Three Purposes $ 2,162 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 sume 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 VOLUME XLVII 461 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. 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 Richard L. Verbic, Mayor Presented: September 8, 1982 Passed: September 8, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearm'An Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE FOR A CHURCH AT 1900 BIG TIMBER ROAD Councilman Schmidt 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. 462 VOLUME XLVII Ordinance No, G48 -82 AN ORDINANCE GRANTING A SPECIAL USE FOR A CFJRCH AT 1900 BIG TIMBER ROAD WHEREAS, written application has been made for a special use permit for the construction, operation and maintenance of a church at 1900 Big Timber Road, Elgin, Illinois; and WHEREAS, the Land Use Committee conducted a public hearing of said request after due notice in a manner provided by law; and WHEREAS, the Land Use Committee has submitted its recommendation and findings of fact; and WHEREAS, the City Council of the City of Elgin concurs 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 a special use permit be and is hereby approved for the construction, operation and maintenance of a church at the property commonly known as 1900 Big Timber Road, Elgin, Illinois, and legally described as follows: That part of the East half of Fractional Section 4, Township 41 North, Range 8 East of the Third Principal Meridian, commencing at.the most Southerly corner of Lot 341 in Century Oaks West Unit No. 6, being a subdivision of part of said Fractional Section 4, said corner being a point on the Westerly line of Northern Illinois Gas Company property by Deed dated February 9, 1954 and recorded in Book 1668, page 27 as Document No. 7433751; thence continuing Southerly along the Westerly line of Northern Illinois Gas Company a distance of 116.35 feet for the place of beginning; thence continuing Southerly along the Westerly line of Northern Illinois Gas Company a distance of 493.83 feet to the Northerly right of way line of Big Timber Road; thence Northwesterly along said Northerly right of way line a distance of 350.0 feet; thence Northeasterly along a line which forms an angle of 90 degrees 00 minutes to the right with the prolongation of the last described course a distance of 471.75 feet; thence Southeasterly parallel with the North- erly right of way line of Big Timber Road a distance of 204.03 feet to the place of beginning, in the City of Elgin, Kane County, Illinois and containing 3.00 Acres. subject to the following conditions: 1. Conformity with building setbacks shown on the Site Plan, dated July 14, 1982, a copy of which is attached hereto and made a part hereof by reference; setback areas shall be used exclusively for driveways, off - street parking, storm water control, and landscaping; VOLUME XLVII Road; 2. Access shall be limited to one approach on Big Timber 3. Dedication of right -of -way for future improvements to Big Timber Road as follows: A fifty (50) foot right -of -way dedicated from the center line of Big Timber Road to be dedicated prior to the issuance of a building permit. 4. Submission and approval of revised stormwater control plans for Units 6 and 7 in the undeveloped R -4 portion of the Century Oaks West residential subdivision; 463 5. Compliance with all other applicable statutes 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 Richard L. Verbic, Mayor Presented: September 8, 1982 Passed: September 8, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearthan Marie Yearman, City Clerk ORDINANCE PASSED GRANTING A SPECIAL USE PERMIT FOR OFF- STREET PARKING AT VIRGIL AVENUE Councilman Gilliam 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. 464 VOLUME XLVII Ordinance No. G49 -82 AN ORDINANCE GRANTING A SPECIAL USE PERMIT FOR OFF - STREET PARKING AT 615 VIRGIL AVENUE WHEREAS, written application has been made for a special use permit for off - street parking for the property located at 615 Virgil Avenue, Elgin, Illinois; and WHEREAS, the Land Use Committee conducted a public hearing on said request after due notice in a manner provided by law; and WHEREAS, the Land Use Committee has submitted its findings and recommendations to the City Council of the City of Elgin; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendations of the Land Use Committee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OF ELGIN, ILLINOIS: Section 1. That a special use permit be and is hereto granted for the purpose of off - street parking at 615 Virgil Avenue, Elgin, Illinois, and legally described as follows: Lot 14, Block .1 of the East Lawn Addition in the City of Elgin, Cook County, Illinois. subject to the following conditions: 1. Parking shall be limited to the parking of motor vehicles being serviced by the adjacent motor vehicle repair business located at 953 Villa Street, Elgin, Illinois; 2. A solid six (6) foot fencing shall be constructed along the westerly property line fifteen (15) feet from the Virgil Avenue right -of -way and additional screening shall be provided along the southerly and easterly property lines to screen the special use from the view from adjacent properties; 3. Parking areas shall be paved and drained in accord- ance with ordinances concerning parking lots; 4. Compliance with all other applicable statutes 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. VOLUME XLVII s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 8, 1982 Passed: September 8, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s "aria e y aan Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS TO THE LIQUOR CONTROL COMMISSION 465 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. 466 RESOLUTION APPOINTING M34BERS TO THE LIQUOR CONTROL COMMISSION VOLUME XLVII BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Elmer Hansen and Lucille Wise Nelson be and are hereby appointed as members of the Liquor Control Commission for a term to expire May 1, 1983. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 8, 1982 Adapted: September 8, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: " c s/ Marie Yea an Marie Yearman, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Layne- Western Co. Dreisilker Electric ICI Americas, Inc. Atlas Boiler & Welding Tams- Witmark Music Government Personnel Consultants Marie Westerman 520 N. Spring St. Four Score, Inc. Well repairs Clarifier unit repair's Purchase of activated carbon Raising height of light poles in Lord's Park Royalties & book rentals for presentation.of Camelot Testing of 2,9 firefighters Repairs under the Residential Rebate Program $32,617.32 2 ,395.18 10,860.00 1,575.00 2,688.85 3,480.D0 1,960.00 Repairs in conjunction with the Section 8 Moderate Rehab. Program 4,000.00 Councilman Waters made a motion, seconded by Councilman Hansen to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII 467 REPORTS RECEIVED AND ORDERED PLACED ON FILE Public Property & Recreation Board Minutes - August 24, 1982 Elgin Police Department, Second Quarterly Report Councilman Hansen 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 Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilwoman Nelson to adourn the Council Meeting for a meeting of the Elgin Liquor Commission. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The Council meeting was adjourned at 10 :25 p.m. Marie Yearman, ity clerk VOLUME XLVII September 22, 1982 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the was held on September 22, 1982, at 8:10 Chambers of City Hall. The meeting was Mayor Verbic. The Invocation was given St. Mary's Church, and the Pledge of Al Mike Bailey, of the Daily Courier News. ROLL CALL .e., City of Elgin, Illinois, p.m., in the Council called to order by by Father Hubner of legiance was led by Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt,,Waters and Mayor Verbic, Absent: None. Also present: Nelson, Yearman, Je "ntsch, and members of staff. MINUTES OF THE SEPTEMBER 8, 1922 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Nelson to approve the September 8, 1922 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays; None. COMMUNICATIONS Request to have a bonfire at Larkin High Memorial Field on Route 19, October 14th, from 7 :00 p.m., to 9 :00 p.m. Councilwoman Nelson made a motion, seconded by Councilman Hansen to approve the request for a bonfire. Yeas: Councilmen Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Abstained: Councilman Gilliam. BID AWARDED FOR FERTILIZER FOR PARK'S DEPARTMENT Councilman Gilliam made a motion, seconded by Councilman Kirkland to award the bid for fertilizer to the low bidder, George A. Davis Company, for a total amount of $1,645.38.< Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 469 VOLUME XLVII BID AWARDED FOR ONE DUMP TRUCK AND ONE SEWER REPAIR TRUCK Councilwoman Nelson made a motion, seconded by Councilman Kirkland to award the bid for one dump truck and snow plow to the low bidder, Biggers Chevorlet, for a total amount of $23,576.77. Councilman Schmidt: I think Councilwoman Nelson's motion only includes one item. Councilwoman Nelson made a motion to amend the prior motion to include one sewer repair truck also. Councilman Kirkland seconded said motion. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Mayor Verbic: Now we will have a vote on the original motion. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR POLICE S UADROL VAN Councilman Hansen, made a: motion, seconded by Councilwoman Nelson to award the bid for one squadrol van to the low bidder, Schaumburg Dodge, for a total amount of $6,689.00. Yeas': Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR REPLACEMENT OF COMPUTER EQUIPMENT Councilman Waters made a motion, seconded by Councilman Gilliam to award the bid for computer equipment to the low bidder, Datacomp Leasing Group, for an amount not to exceed $68,500. Yeas:, Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays None. BID AWARDED FOR VEHICLE LICENSE MAILER Councilman_ Gilliam made a motion, seconded by Councilman Schmidt to award the bid for the vehicle license mailers to the low bidder, Uarco Inc., for a total amount of $3,334.50, Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLV11 470 BID AWARDED FOR THE OTTER CREEK STORM SEWER EXTENSION Councilman Hansen made a motion, seconded by Councilwoman Nelson to award the bid for the Otter Creek storm sewer extension to the low bidder, Gluth Brothers, for a total amount of $35,672,50. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR REPLACEMENT OF BOILER AT FIRE STATION 5 Councilman Gilliam made a motion, seconded by Councilman Kirkland to award the bid for a replacement boiler to the low bidder, Hans & Sons, for a total amount of $3,790.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. Councilman Gilliam made a motion, seconded by Councilman Kirkland to pass the aforementioned ordinance. Yeast Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbie. Nays: Councilman Waters. 471 VOLUME XLVII r Ordinance No. G50 -82 AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY LOCATED AT 500 SOUTH MCLEAN BOULEVARD FROM M -1, LIMITED MANUFACTURING DISTRICT, TO B -3, SERVICE BUSINESS DISTRICT, WITH A SPECIAL USE FOR A GAS DISPENSING /CONVENIENCE GROCERY STORE WHEREAS, written application has been made to reclassify certain property located at 500 South McLean Boulevard from the M -1, Limited Manufacturing 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 recommendations to the City Council; and WHEREAS, the City Council of the City of Elgin has reviewed 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 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: Lot 2, Block D, Unit 1 of Burnidge Brothers Industrial Park, 2nd Addition in the City of Elgin, Kane County, Illinois." Section 2. That the City Council hereby finds and determines that the proposed special use for a gas dispensing /convenience grocery store at 500 South McLean Boulevard, Elgin, Illinois, is deemed necessary for the public convenience as,said use is complimentary to the nearby residential and industrial areas; That the City Council further finds and determines that the proposed special use upon the conditions hereinafter set forth are so designed, located and proposed to be operated so that the public health, safety and welfare will be protected in that the proposed use will meet or exceed the applicable standards for such use as established by the Illinois Department of Transportation; That the City Council further finds and determines that the proposed special use will not cause substantial injury to the property or to the property in the neighborhood in which it is located in that said special use is contiguous to commercial and industrial uses to the north, west and south and that the residential area to the east is adequately protected by its distance from the subject property and landscaping. VOLUME XLVII 472 Section 3. That a special use is hereby granted to Marathon Oil Company to maintain a gas dispensing /convenience grocery store on the above described property subject to the following conditions: 1. That the automobile service station is to be limited to a gas dispensing facility /convenience grocery store; 2. That the special use shall be in conformance with the site plan as revised September 2, 1982, a copy of which is attached hereto and made a part hereof; 3. That the special use shall be in conformance with all other 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. Presented: September 22, 1982 Passed: September 22, 1982 Vote: Yeas 6 Nays 1 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk` ORDINANCE PASSED s/ Richard L. Verbic Richard L. Verbic, Mayor NO. G1 Mr. Nelson: What has happened is we did not notice it, but we inadvertently included this section of the ordinance, which is really left over from the 1980 ordinance and it was left in the 1981 ordinance and also the current 1982 ordinance. If we lowered the fees to this level we would be charging a lower fee on the weekends than we do on the weekdays. We are doing very well at the golf courses and we see no reason to lower the fees to this level. This was never intended and we would like to delete that portion of the ordinance and continue to charge the fees that we are currently charging under the ordinance. Councilman Hansen 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. 473 VOLUME XLVII Ordinance No. GSI -82 AN ORDINANCE AMENDING ORDINANCE NO. G15 -82 PERTAINING TO FEES AND CHARGES AT THE MUNICIPAL GOLF COURSES OF THE CITY OF ELGIN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Ordinance No. G15 -82 entitled "An Ordinance Establishing Fees and Charges at the Municipal Golf Courses of the City of Elgin for the 1982 Golf Season and Establishing Certain Policies Relative to the Operation of Such Courses ", passed February 24, 1982, be and is hereby amended by deleting the following: Spartan Weekend Fees 18 Holes 9 Holes Twilight $ 5.75 $ 3.45 $ 4.60 Wing Weekend Fees 18 Holes 9 Holes Twilight $ 5.75 $ 3.45 $ 3.45 Section 2. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. Presented: September 22, 1982 Passed: September 22, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION s/ Richard L. Verbic Richard L. Verbic, Mayor MIT FROM STA A 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 XLVII 474 RESOLUTION REQUESTING PERMIT FRCM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE A PORTION OF ROUTE 20 FOR A TRAINING EXERCISE WHEREAS, the Police Department of the City of Elgin has applied for and received permission from this Council to stage a training exercise for its Special Weapons and Tactics Team between the hours of 7:00 p.m. on October 19, 1982 and 4:00 a.m. on October 20, 1982, conditioned upon securing permission from the Department of Public Works and Buildings, State of Illinois, to close a portion of Business Route 20. 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 a portion of the State Route. s/ Richard L. Verbic Rich ar L L. Ver ic, Mayor Presented: September 22, 1982 Adopted: September 22, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk 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. Present: Councilman Gilliam. 475 VOLUME XLVII RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO PARTIALLY CLOSE ROUTE 20 FOR ANNUAL PARADE WHEREAS, Elgin High School has applied for and received permission from this Council to stage its 1982 Homecoming Parade between the hours of 3:30 p.m. and 5:00 p.m. on Friday, October 22, 1982, 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 Richard L. Ve r ic, Nlayor Presented: September 22, 1982 Adopted: September 22, 1982 Vote: Yeas 6 Nays 0 Present: Recorded: Attest: S/ Marie Yearman Marie Yearman, City Cler 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. VOLUME XLVII RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO PARTIALLY CLOSE ROUTE 20 FOR ANNUAL PARADE WHEREAS, St. Edward High School has applied for and received permis- sion from this Council to stage its 1982 Homecoming Parade between the hours of 11:00 a.m. and noon on Saturday, October 16, 1982, 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. 476 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 Richard L. Verbic, Mayor Presented: September 22, 1982 Adopted: September 22, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s1 Marie Yearman Marie Yearman, City Clerk 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. 477 VOLUME XLVII 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 1982 Homecoming Parade between the hours of 3:00 p.m. and 5:00 p.m. on Friday, October 15, 1982, 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 Richard L. Verbic, Mayor Presented: September 22, 1982 Adopted: September 22, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman; City Clerk PUBLIC HEARING DATE SCHEDULED FOR SPRING COVE ANNEXATION Councilman Hansen made a motion, seconded by Councilman Schmidt to set the public hearing date for the Spring Cove Annexation for October 13, 1982, at 8 :00 p.m. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS United Diesel Service Ed Kross Roofing Broadway Costumes Neighborhood Housing Services Bus 8090 repairs Fire Station #5 reroofing Costumes for Camelot Rehabilitation of NHS Office - 326 E. Chicago St. 478 $6,613.18 2,720.00 1,583.78 3,490.32 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 Revenue report for June. Water Department report for August. Transportation Operations Report for August. Traffic Committee Minutes of meeting on August 25, 1982 Budget Summary dated September 8, 1982. Councilman Gilliam made a motion, seconded by Councilwoman Nelson to place the above reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. RECOGNIZE PERSONS PRESENT Ed Sorenson, U.S. Shelter: I would like to ask the City Council, if they so desire, to pass a resolution to authorize the City to enter into and participate with Cook County in a mortgage, revenue bond issue. There is very little downside risk, if any, to the City to participate in this and there is quite a bit of upside potential as I see it. The bonds could be used in the Cook County portion of Elgin to buy houses, either new or used and stimulate the housing market. Mayor Verbic: What we would have to do in considering this matter is have our Corporation Counsel contact Chapman & Cutler,, have a resolution prepared and we would have to meet as a Council prior to October 4th, in order to be included in the program. 479 5 s VOLUME XLVII Councilman Hansen: In view of the fact that we do need a special meeting to discuss the capital improvement budget,. we could work that into Ed's time frame here if we could have that next Wednesday, I would presume that by that time our attorney would have the answers and perhaps the resolution drawn up and would it be in order to put that on the agenda for a special meeting. A majority of the Council indicated they could not meet on September 29th. Councilman Hansen made a motion, seconded by Councilman Gilliam to meet on Monday, September 27th at 5 :00 p.m., to consider the subject resolution. Yeas: Councilmen Gilliam; Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic made announcments relative to forthcoming meetings. Councilman Hansen Mr. Mayor, would it be possible to set up a meeting to review the capital improvement budget. We cancelled the one last week and I wonder how October 6th would be for the Council. The Council agreed to meet on Wednesday, October 6th at 5:00 p.m., to discuss the capital improvement budget and an executive session. ADJOURNMENT Councilman Waters made a motion, seconded by Councilman Kirkland to adjourn the Council Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was'adjourned at 8 :55 p.m. Marie Yearman, City Clerk VOLUME XLVII September 27, 1982 480 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 27, 1982, at 5:08 p.m., in the Council Conference Room 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 Jentsch. Councilwoman Nelson 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 XLVII 481 A RESOLUTION authorizng` the City/Village of Eloin to enter into an agreement with the ounty of Cook, Illinois, with respect to the issuance of certain bonds for housing purposes by the County of Cook. � a e WHEREAS, the availability of decent, safe and sanitary housing that most people can afford is essential to the health and safety of the inhabitants of the City/Village of Elgin Cook County, Illinois (the "Municipality") and to the financial Drell- being of the Municipality; and WHEREAS, the shortage of such decent, safe and sanitary housing that most people can afford is not transitory and self curing and it is necessary that this Municipality take all possible action to lower the cost of such housing in order to make it available to a larger portion of the inhabitants of the Municipality; and , WHEREAS, the Municipality is a "home rule" unit of government under Article VII of the 1970 Constitution of Illinois and is therefor authorized to engage in a home mortgage loan program and to issue its bonds for such purpose; and WHEREAS, it has heretofore been found and it is hereby determined that it is not feasible for the Municipality to issue 482 VOLUME XLVII f.-. its bonds and to engage in a home mortgage.loan program and that it is in the best interests of the Municipality to enter into an agreement with the County of Cook, State of Illinois (the "County ") pursuant to the provisions of Section 10 of Article VII of the 1970 Constitution of the State of Illinois which authorizes the Municipality to enter into intergovernmental cooperation agreements with other units of government, which agreement will enable the County of Cook to issue its bonds for housing purposes in accordance with Its Constitutional home rule powers and pursuant to the pro- visions of the Mortgage Subsidy Bond Tax Act of 1980 (the "Act "); and WHEREAS, it is necessary, therefore, for the Municipality, acting by its corporate authorities, to approve a form of agree- ment with the County whereby the Municipality allocates to the County all of its 1982 authority to issue "qualified mortgage bonds" (as defined in the Act): NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL /CITY COUNCIL /PRESIDENT AND BOARD OF TRUSTEES OF THE CITY/VILLAGE OF Elgin , Cook COUNTY, ILLINOIS, as follows: Section 1. That the Mayor/President and Clerk of the Municipality are hereby authorized, empowered and directed to enter Into an agreement with the County in substantially the form attached to this resolution with such changes as shall be approved by the officials of the Municipality executing the same. -2- VOLUME XLVII 483 Section 2. That the officials of the Municipality are he.eby authorized and directed to take all necessary or advisable actions in connection with'the execution and implementation of the agreement in order to facilitate the issuance of such bonds by the County. Section 3. This resolution shall be in full force and effect upon its passage and approval. f PASSED this 27th day of September , 1982. AYES: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and ayor Verbic. NAYS: None ABSENT: APPROVED this 27th day of September , 1982- 0 ATTEST: s/ Marie Yearman City ClerY illage Cierk s/ Richard L. Verbic Mayor /President -3- -> Ir 484 ADJOURNMENT VOLUME XLVII Councilman Gilliam made a motion, seconded by Councilman Hansen to adjourn the Council Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 5:18 p.m. ice. Y Marie Yearma , City C er VOLUME XLVII October 13, 1982 485 COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL- MANAGER FORM OF GOVERNMENT REGULAR MEETING A regular meeting of the Council of the Cityy of Elgin, Illinois, was held on October 13, 1982, 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 C. Lee Gilbertson of the Church of the Redeemer and the Pledge of Allegiance was led by Councilwoman Nelson. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Nelson, Waters and Mayor Verbic. Absent: Councilman Schmidt. (Council- man Kirkland arrived at 8 :40 p.m.) Also present: Nelson, Yearman, Jentsch, and members of staff. MINUTES OF THE SEPTEMBER 22, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Nelson to approve the September 22, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Nelson, Waters and Mayor Verbic.. Nays: None. MINUTES OF THE SEPTEMBER 27, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Gilliam made a motion, seconded by Councilman Hansen to approve the September 27, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Nelson, Waters and Mayor Verbic, Nays: None. COMMUNICATIONS Mayor Verbic: We do have 'a representative here tonight from Elgin High School and [.would ask that he step forward. John Hoskins, Senior Class President: We would like permission to have a bonfire on October 20th at 7:30 p.m., for our Homecoming. Councilman Hansen made a motion, seconded by Councilman Waters to approve this request. Yeas: Councilmen Hansen, Nelson, Waters and Mayor Verbic. Nays: None. Abstained: Councilman Gilliam. EM COMMUNICATIONS VOLUME XLVII Mayor Verbic: With reference to the celebration of Halloween where the youngsters are permitted to call on neighborhood homes is between the hours of 3:00 p.m., and 9:00 p.m. have had a few requests concerning this and I have talked with the Police Department and they feel these are the best hours for the youngsters to be out celebrating Halloween. RESOLUTPON ADOPTED FOR APPRECIATION AND COMMENDATION TO JOHN C. SCHMIDTKE FOR HIS SERVICE AS A- MEMBER OF THE PLANNING COMMITTEE AND AS CHAIRMAN OF THE PLANNING AND LAND USE COMMISSION Mayor Verbic: John Schmidtke has been a man who served as a member of the Planning Committee of the City of Elgin for sixteen years. This gentleman has contributed his expertise and knowledge for the welfare for all of the people residing in the City of Elgin. This Council and those in the past have always spoken highly of you and how you have contributed your time and efforts on behalf of all of us. want you to know that all of us here tonight and many of the citizens of Elgin say thank you for the many hours, extra meetings and time that you have spent on our behalf. We have two resolutions prepared for you tonight, one from the City of Elgin and the other from the Planning and Land Use Commission, which I would like to read and present to you. John Schmidtke: Thank you so much for your kind words, I was taught early in life by my father that it is only right to give part of your time and effort back to the community in which you make your living. This I have tried to do in part by serving on the Planning Commission. I have enjoyed working with the various staffs over the years and the various commission members. Councilwoman Nelson made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVII OF APPRECIATION FOR HIS SERVICE AND AS CHAIRMAN WHEREAS, John C. 487 RESOLUTION AND COMMENDATION TO JOHN C. SCHMIDTKE AS A MEMBER OF THE PLANNING COMMITTEE OF THE PLANNING AND LAND USE COMMISSION Schmidtke served as a member of the Planning Committee of the City of Elgin for Sixteen Years, from May 1966 to July 1982; and _ WHEREAS, John C. Schmidtke also served the citizens of the City of Elgin as Chairman of the Planning and Land Use Commission from 1981 to 1982; and WHEREAS, John C. Schmidtke has served with distinction and dedication during his term of office and has made a significant con- tribution to the residents of the City of Elgin; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City i of Elgin, Illinois that the City Council expresses its sincere appreciation on behalf of the residents of the City of Elgin to John C. Schmidtke for his service as a member and as Chairman of the Planning and Land Use Commission. s/ Richard L. Verbic Richard L. Ver is Adopted: October 13, 198�ayor Vote: Yeas 5 Nays 0 eAttest: M«s• --+�k� s/ Marie Marie Yeoman Marie Yearman City Clerk October 13, 1982 488 VOLUME XLVII BID FOR BIG TIMBER COMMUTER STATION TABLED Councilman Gilliam made a motion, seconded by Councilwoman Nelson to table the bid for the Big Timber Commuter Station. Yeas: Councilmen Gilliam, Hansen, Nelson, Waters and Mayor Verbic. Nays: None. BID FOR NATIONAL STREET COMMUTER STATION TABLED Councilman Hansen made a motion, seconded by Councilwoman Nelson to table the bid for the National Street Commuter Station. Yeas: Councilmen Gilliam, Hansen, Nelson, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR COMPUTER STOCK PAPER Councilman Gilliam made a motion, seconded by Councilman Waters to award the bid for custom stock tab paper to the low bidder, J & J Data Supplies, for a total amount of l2,622.30, and to award the bid for stock tab paper to the ow bidder, Moore Business Forms, for a total amount of $245.00. Yeas: Councilmen Gilliam, Hansen, Nelson, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR WATER PAST DUE- REMINDER FORMS Councilman Hansen made a motion, seconded by Councilwoman Nelson to award the bid for water past due reminder forms to the low bidder, Uarco Inc., for a total amount of $2,132.50. Yeas: Councilmen Gilliam, Hansen, Nelson, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR PUBLIC OFFICIALS LIABILITY-INSURANCE Councilman Waters made a motion, seconded by Councilman Gilliam to award to bid for public officials liability insurance to the low bidder, Midland Insurance Company, for an annual premium of $8930.00. Yeas: Councilmen Gilliam, Hansen, Nelson, Waters and Mayor Verbic. Nays: None. - Don Wagner, Director of the Community Development Department: Petition 19 -82 has been filed by the Pace Construction Company. They request annexation, R -4 zoning and preliminary plan approval VOLUME XLVII for a planned unit development at 1700 West Highland Avenue. The proposed Spring Cove project features 12 townhouse condominuims. The subject property -is approximately 5 acres and is currently zoned Kane County F Farming. Spring Cove,. would have a gross density of 2.33 units per acre when it is constructed. The Community Development Department has found that the Petitioner's statement regarding the PUD criteria to be a generally acceptable and accurate representation of one that is very sensitive to the site. The proposed Spring Cove project will be particulary significant with the-preservation of natural vegetation and typographic features. The permanent protection and preservation of the Tyler Creek flood plain and the minization of public costs through the establishment of a privately owned and maintained street and sewer and water lines. At its regular meeting of September 7, 1982, the Land Use Committee recommended the approval of Petition 19 -82, subject to some nine conditions, by a vote of 5 -0, it should be noted that the conditions recommended by the Committee excluded condition No. 6, which was recommended by the Community Development Department. This condition concerns the provision of a public pathway easement along the north edge of Tyler Creek. The recommended condition conforms to the linear park concept specified within the Land Use Plan for the Unincorporated Area of the City and conforms to the Comprehensive Plan being recommended by the Planning Committee Mr. Charles Burnidge: The estimated total cost of the project will be about $2.1 million. It is estimated that the sales tax on the construction materials will bring, in $40,000 to $50,000, property tax approximately $35,000, and it will employ carpenters and all other trades for approximately 12 months. The project is considered to be done in one continuous phase that will go from 8 to 12 months. As far as contribution to the City, we will be making a school contribution of approximately $1,000, park contribution approximately $2500.00 and a detention approximately $4,000. The site will not have any children living on the site because these are people whose children have moved away, but if there were it would only generate 5 children. Our streets are considered to be private, as are the utilities on the site. There are two concerns that we have had on the recommendations of staff. We concur with the staff's recommendations on all items except No. 6, which we were supported by Land Use in that we do not want a public pathway through the project. The people who desire to purchase these homes are concerned with security and are concerned with the visual security of their homes that sit on the bluff and we would not want a public pathway along the creek. i 4go VOLUME XLVII We feel very strongly about this. While an easement for the maintenance of the Creek is not a problem to us, we would not want a public easement through the property. One of the reasons is there is no way of securing the property if the public is walking through it. So we are very concerned with that recommendation and as I said Land Use supported us 100% on asking that to be removed. The other concern that we have, or the other request that we would have is that we feel we are making a significant contri- bution to the community in the relation to sales tax and employment and the contribution of dollars for schools, parks and detention and we will not be drawing on the resources and we would like to have the Council consider that we could have City of Elgin trash pickup within this project.. Currently in our discussions with the City there is not trash pickup on private streets. There are only 12 units here and we have a looped street coming through the project and we are asking the Council to consider that as a part of our request that we do have public trash pickup. Councilman Waters: i don't recall reading in the transcript either the issue of the garbage pickup, was that discussed by Land Use and a recommendation made. Charles Burnidge: Yes it was and both of these were made the same two concerns that we discussed that evening and they said they would leave that up to the City Council. Councilman Gilliam: I would like to ask the City Manager if we ever pick up trash.from a PUD. Leo Nelson: No. We had gotten into that policy discussion four or five years ago because we have had requests in the past from Tyler Bluff, Garden Quarter and the decision of the Council at that time was to continue the present policy which is not to pickup refuse on private streets, particularly in apartment complexes and condominuim complexes. Councilman Gilliam: Then if that is the question I think we should be consistent. Councilman Hansen: I would like us to look at the annexation separately from the refuse question. Councilman Waters made a motion, seconded by Councilman Kirkland that the Public Hearing be closed. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. Mayor Verbic: I think this is a very fine project and l wish to congratulate those who are involved in this. It is an asset to the City of Elgin and for the people involved there is a great deal for foresight. VOLUME XLVII 491 PETITION 16 -82 APPROVED - REQUESTING A REZONING FROM R- SINGLE FAMILY RESIDENCE DISTRICT TO R-3 TWO FAMILY RESIDENCE DISTRICT, PROPERTY LOCATED AND - GETTY ST. Don Wagner :, Petition.16 -82 has been filed by Mr. Barry Vecchio, to correct illegal zoning status of three two family residential structures located on Getty Street. He would like to have this correction made prior to the conclusion of a sales agreement to purchase them by another party. = Two of the structures in question were built as duplex units in 1954 by Mr. Vecchio's` father, the third was constructed in 1956, as a single family residence and then later was converted to a duplex in 1964. The records indicated that Mr. Tony Vecchio, the father unsuccessfully petitioned the City Council on two separate occasions to rezone the two structures built in 1954, from single family to two family. The area in question was first platted in 1891 and has been zoned exclusively for R -2 residential since the City of Elgin adopted its zoning in 1927. This particular area of Getty Street was not developed until the early 1950's when Mr. Vecchio went ahead with the project. The Communityy Development Department recommends the denial of Petition 16 -$2 because we feel that the zone change would constitute a spot zone change and would establish a precedent for additional requests for similar illegal uses throughout the City.. This is not a legal and non - conforming use, it is an illegal use. It would be better to establish a zoning technique of some kind where we could grandfather some of these illegal uses without changing the zoning of the area. " What we would have to do is establish some kind of criteria and conditions in which these illegal uses would be deemed as minimal departure from the general uses of the area and not a major detriment. The Land Use Committee on the basis of a claimed economic hardship to convert these duplexes back to single family voted at its regular meeting of September 7, 1982, to recommend the approval of this Petition by a vote of 5 -0.. Councilman Waters: To Don and to Jerry. in the transcript you talked about this grandfather clause concept. The Petition that is before us tonight is that the type of project that you envisioned qualifying for this type of grandfather clause that you are proposing. t Don Wagner: Well there are a variety of non - conforming uses in the City, this is just one example. This particular case 492 VOLUME XLVII is a little mixed up when you go through the records. There are occupancy permits that have been granted by the City but they were granted on the basis of an address rather than the structure, so I don't really know what happened. This is the kind of an instance where a non - conforming use, even though it is illegal according to the zoning ordinance, it still functions in an acceptable way within the community. There should be some way in which these uses can be allowed to continue in a legal fashion so that they can be maintained. When we finally get our comprehensive plan adopted this Spring, after our public hearings, we will then begin to develop some changes to the zoning, ordinance.that reflects a more sensitive look to the older parts of the city. Councilman Hansen made a motion, to approve Petition 16 -82. Yeas Nelson and Mayor Verbic. Nays: seconded by Councilman Kirkland Councilmen Hansen, Kirkland, Councilmen Gilliam and Waters. 18 -82 APPROVED - REOUEST ICT Don Wager: Petition 18 -82 has been filed by Loran A. Skaar on behalf of Shedd's Food Products, which requests a rezoning from B -3 Service Business District to B -4 General Service District. Shedd's Food Products has purchased the property at 18 North State Street for the purpose of expanding its vegetable oil food processing operations. The subject property was formerly owned and occupied by Syntex, Inc., for its food processing operations. The subject property was rezoned from M -1 to B -3 in 1973, as part of a comprehensive zoning map amendment and by that action the food processing use of the property was made a lawful non- conforming use because it.had been established prior to 1973. Shedd's Food Products has assumed the lawful nonconforming food processing use of the subject property, but it wishes to eliminate the lawful nonconforming status by rezoning to B -4, under which food processing is allowed. The Land Use Committee reviewed and recommended approval of a similar petition in September of 1981, but the Committee's recommendation was subject to compliance with a certain traffic flow plan, and prior to final action, the petitioner made known that they could not comply with the conditions of the traffic flow plan at that time. , The current petition has been filed subsequent to several meetings between Shedd Food Products and the Traffic Committee of the City, which were held over a seven month period. VOLUME XLVII 493 The Community Development Department recommends the approve of Petition T8 -82, subject to the conditions that access to the west Highland off - street loading facility shall be in accordance with the traffic flow plan, approved by the Traffic Committee at their meeting of June 24, 1982. At its regular meeting of September 7, 1982, the Land Use Committee recommended the approval of Petition 18 -82, subject to conformance with the traffic flow plan by a vote of 4 -1. Councilman Gilliam made a motion, seconded by Councilman Waters to approve Petition 18 -82. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A GRANT OF SANITARY SEWER EASEMENTS 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. 494 VOLUME XLV11 RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF SANITARY SEWER EASEMENTS 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 Grant of Sanitary Sewer Easements to the Sanitary District of Elgin for the purpose of con- struction, repair and maintenance of a sanitary sewer, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 13, 1982 Adopted: October 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. I TO CONTRACT N077 LIME RESIDUE DISPOSAL FACILITIES SECTION II - TRANSMISSION MAINS Councilman Waters made a motion, seconded by Councilwoman Nelson to adopt the aforementioned Resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLVII 495 RESOLUTION APPROVING CHANGE ORDER NO. 1 TO CONTRACT NO. 3 LIME RESIDUE DISPOSAL FACILITIES SECTION II - TRANSMISSION MAINS WHEREAS, the City of Elgin has heretofore entered into a written contract with Gluth Brothers Construction, Inc. for the construction of certain water works improvements known as Contract No. 3 Lime Residue Disposal Facilities Section II - Transmission Mains; 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 author= ized 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 13, 1982 Adopted: October 13, 1982 Vote: Yeas 6 Nays O Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. I IN THE CONTRACT WITH P.B. VERDICO INC. FOR PHASE I OF EC - FOUNT IAN SQUARE CAMPUS PROJECT 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. 496 VOLUME XLVII RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH P. B. VERDICO, INC. FOR PHASE I OF ECC- FOUNTAIN SQUARE CAMPUS PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with P. B. Verdico, Inc. for Phase I of ECC - Fountain Square Campus Project; 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 author- ized 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. Ver lc, yor Presented: October 13, 1982 Adopted: October 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea man Marie earman, City Clerk RESOLUTION ADOPTED APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH LEININGER ID- STATES PAVING COMPANY FOR THE OTTER CREEK IMPROVEMENTS 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. VOLUME XLV11 497 RESOLUTION APPROVING CHANGE ORDER NO. 2 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 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 author- ized and directed to execute: Change Order Number 2, a copy of which is attached hereto and made a part hereof by reference. Presented: October 13, 1982 Adopted: October 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: S / Marie Yea an Marie Yearman, City Clerk s/ Richard L. Verbic Echard L. Verbic, Mayor ADOPTED APPROVING CHANGE ORDER Councilman Waters made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. 498 VOLUME XLVII RESOLUJTION APPROVING CHANGE ORDER NO. 7 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 7, 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 author- ized and directed to execute Change Order Number 7, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 13, 1982 Adopted: October 13, 1982 Vote: Yeas 6 Nays 0 Recorded: ��Attest: s/ Marie Year man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING THE PROPOSAL OF PRIORITY SYSTEMS INCORPORATED FOR 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. VOLUME XLVII 499 RESOLUTION ACCEPTING THE PROPOSAL OF PRIORITY SYSTEMS INCORPORATED FOR COMPUTER PROGRAMMING WORK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo Nelson, City Manager, is hereby authorized and directed to accept the proposal of Priority Systems Incorporated for computer programming work, a copy of said proposal is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 13, 1982 Adopted: October 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: ss// Mare rie Y ai Mare Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF A LEASE FOR PREMISES AT 141 SOUTH GROVE AVENUE 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. 500 VOLUME XLVII RESOLUTION AUTHORIZING EXECUTION OF A LEASE FOR PREMISES AT 141 SOUTH GROVE AVENUE 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 Heritage Auto Broker for the premises commonly known as 141 South Grove Avenue, Elgin, Illinois, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 13, 1982 Adopted: October 13, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: 4=�� % Ma Marie Barman, City Clerk DINANCE PASSED ASS SDICT Councilman Hansen made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. VOLUME XLV11 501 Ordinance No. 54 -82 AN ORDINANCE ASSUMING JURISDICTION FOR SIXTY INCH STORM SEWER EXTENSION TO THE OTTER CREEK STORM SEWER INSTALLATION WHEREAS, the City of Elgin has designed and proposes to construct a sixty inch storm sewer extension to the Otter Creek storm sewer installation; and WHEREAS, the storm sewer extension will be constructed primarily within the right of way of Illinois Route 20; and WHEREAS, the State has =reviewed the plans for this storm sewer extension and has approved same subject to the conditions that the City of Elgin assume responsibility for constructing, maintaining and repair- ing the storm sewer extension. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City hereby accepts full responsibility for the construction, maintenance and repair of the sixty inch storm sewer exten- sion to be constructed within the right of way of Illinois Route 20, as shown on Exhibit 'A' which is attached hereto and made a part hereof. Presented: October 13, 1982 Passed:" October 13, 1982' Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Maraan !Tarle Yearman, C> ty Clerk s/ Richard L. Verbic Richard L. Verbic, Mayor 502 I , VOLUME XLVII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Government Personnel Consultants. $3,240.00 Firefighter testing. Bureau of Testing Services. Speer Financial Co. Moody's Investors Service. Rasmussen Steel Co. M.C. Lohbauer, Inc. You -Ni -Forms Carswell's Fnc. Mildred Broadnax 475 F: :mont St. Alan Martin 39 Second St. Florence Hanson $2,452.50 Police Officer testing. $9,210.28 Services re ECC $2,950,000 G.O. Bond Issue. Services re ECC $2,950,000 $2,500.00 G.O. Bond Issue. Bridge replacements at $8,004.00 Kirk & Kramer Ave. $2,114.10 Repairs to air - conditioning. $2;265.50 Bus Driver Uniforms. $1,957.00 Carpet Installation. $2,937.79 Residential Rebate Program. $2,750.00 Residential Rebate Program.,, 281 Villa St. $2,187.63 Residential Rebate Program. Councilman Waters made a motion, seconded by Councilwoman Nelson to approve the above payments. Yeas: ,Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Cemetery Report for August, 1982 Public Works Report for July, 1982 Building Permit Report for August, 1982 Building Permit Report for September, 1982 Water Department Accounts Receivable for September, 1982 Public Property and Recreation Board Minutes, September 28, 1982 Parking Lot Revenues 9/1/81 through 8/30/82 Councilman Kirkland made a motion, seconded by Councilwoman Nelson to place the above reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. ", u VOLUME XLVII ANNOUNCEMENTS 503 Mayor Verbic made announcments relative to forthcoming meetings. ADJOURNMENT Councilman Kirkland made a motion, seconded by Councilwoman Nelson to adjourn the:Council Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Waters and Mayor Verbic. Nays: None. The meeting was adjourned at 9:30 p.m. M e�� Marie Yearm� CCitClerki VOLUME XLVII October 27, 1982 504 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 27, 1982, 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 Reverend Dale Kleinschmidt of the Faith United Methodist Church and the Pledge of Allegiance was led by Councilman Kirkland. 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 l3, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Nelson to approve the October 13, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays None. BID AWARDED FOR PRINTING THE PROPOSED COMPREHENSIVE PLAN SUPPLEMENT Councilwoman Nelson made a motion, seconded by Councilman Hansen to award the bid for printing the proposed Comprehensive Plan Supplement to the low bidder, Wings Publishing, for a total amount of $3,277.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR COMMUNITY CRISIS" CENTER REHABILITATION Mayor Verbic: This is money that has been approved previously from the Housing Community Development Eighth Year Block Grant Funds for the improvements which are being awarded this evening. Councilwoman Nelson made a motion, seconded by Councilman Hansen to award the various bids to the low bidders as follows: Gerald C. Christenson, for various carpentry, insulation, and weatherization improvements .` .......................... $8,196.00 Tidy Carpets & Rugs, for installation of carpeting and vinyl floor coverings............ $3,680.08 J. Valenti Landscaping, for new shrubbery and other landscaping improvements .......................................... $2,880.00 505 �.a VOLUME XLVII Mike's Painting & Decorating, for two coats of interior paint for both 1st & 2nd floors and the basement ........... $1,295.00 Moreno Plumbing & Heating, for minor plumbing improvement in basement ............... ..............................$ 152.00 Councilman Waters: For the record, my wife is an employee of the Crisis Center and I think it best that 1 abstain on this vote. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: None. Abstain: Councilman Waters. BID FOR BIG TIMBER COMMUTER PARKING LOT TABLED Councilman Kirkland made a motion, seconded by Councilman Hansen to table the bid for the Big Timber Commuter Parking Lot, Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID FOR NATIONAL STREET COMMUTER LOT TABLED Councilman Hansen made a motion, seconded by Councilman Schmidt to table the bid for the National Street Commuter Parking Lot. Yeas Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic:. Nays: None. Don Wagner, Director of Community Development: Petition 21 -82 consists of a single parcel of land, which contains a three unit structure. The parcel is approximately 11,500 square feet in size and it is located at 422 Locust Street. The property is an illegal nonconforming three unit structure in a two unit family district. However, the area is a mixture of single family, conversions and multi family uses and the area is also mixed with R -3 and R -4 zoning. in addition the property is large enough so that it could provide the sufficient amount of parking if the area were rezoned. The parcels immediately to the north and east of the subject property are already zoned R -4, in fact if you looked at a zoning map of the City, you would find that this property actually creates a inverse jog to the zoning district boundary. VOLUME XLVII 506 So given the fact that it is an illegal use that the people are trying to make legal, plus the fact that the area is a fairly mixed area and the granting of a zone change would straighten out the district boundary between an R -3 and R -4 uses, the Planning Department has recommended the approval of this petition. The Land Use Committee at their regular meeting of September 20, 1982, by "a vote of 5 -0 recommended approval of Petition 21 -82. The petition was filed on behalf of Roy Hallock and Ann Hallock by Attorney James C. Hallock, who is present to answer any questions. Attorney James C. Hallock: My purpose here this evening is to represent my parents, owners of the property and basically would like to answer any questions. I would like to say that the illegal use was discovered at the time my parents tried to sell the property, in consulting with the City staff and when we'realized what the problem was and there was an illegal use, we put the wheels of motion to get here tonight to correct that problem. The important thing that I wanted to make known to you is that since 1966 it actually has been used as a three family residence without any problems or complaints from the neighbors, or the City. Councilwoman Nelson: i think the recommendation, Number V, on Page 2 of the Land Use Review, is important to the people who are not aware of why we are voting to change it to R -4. The department has found, this means the Community Development Department, that in view of surrounding land use and zoning, and in particular the mixed residential character of the neighborhood, the current R -3 zoning is unsuitable and the subject property should be rezoned to R -4 General Residence District. I just wanted to add that because 1 think it is important that they know. Councilman Gilliam made a motion, seconded by Councilman Hansen to approve Petition 21 -82. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. PETITION 22 -82 REQUESTING 'A REZONING FROM R -2 SINGLE FAMILY RESIDENCE DIS- TRICT TO 0- LIMITED OFFICE DISTRICT, PROPERTY LOCATED AT 1231 LARKIN AVENUE APPROVED Don Wagner: Petition 22 -82 concerns a parcel of land located on Larkin Avenue that was formerly owned by the City of Elgin. 507 VOLUME XLV11 The property in question is a part of a larger piece of property which was subdivided and Dr. Winters has purchased the smaller portion that faces Larkin Avenue. It is his intent to develop a medical office in the structure that is located on the property and therefore he is requesting a zone change from R -2 to 0- Limited Office. The area is basically zoned R -2 in general, although across the street there is an area zoned 0- Limited and there is a legal nonconforming automobile service station to the east of the property. Some of the property which is zoned R -2, however, is vacant and has not been developed. Generally the Planning Committee and the Department are not in favor of what we consider to be strip commercial development on some of our major highways, however, in this particular instance, the City does have plans to extend Chicago Street westward to connect with Larkin Avenue in the distant future. At that time when that facility does go through this property will be isolated by three streets and a triangular shaped property. Because of that we feel a zone change to 0- Limited would be appropriate because the property would be rendered undevelopable as a residential structure with three streets on each side of the parcel. In addition the O- Limited Office District has been developed as a transitional district between residential and higher commerical uses. So the Department did recommend the approval of this petition. The Land Use Committee at its regular meeting of September 20,, 1982, however, did not make a recommendation, because there was a tie vote of two people for the petition, two people against the petition and one abstention. Under the rules of the Committee there was no action. Attorney Clarence Wittenstrom, on behalf of Dr. Ronald J. Winters and his wife, Gemma: Dr. Winters has practiced medicine in Elgin for 23 years and he and his wife want to spend their money to fix up and remodel and improve this present dilapidated and vacant building into a doctor's office. As Mr. Wagner has already told you, the City subdivided this property and sold two of the lots to Dr. Winters, knowing that he wanted to rezone the property to 0 for a doctor's office. The staff is in favor of the rezoning. Some of the neighbors signed a petition against the rezoning, but only four of them appeared at the Land Use Committee and of those four only two spoke. Of the two who spoke, one said that the City told them that Clifton was to become a cul -de -sac and the other said he wanted the City to tear down the building and make a park out of it, or else let it be used as an apartment building, but neither one of them spoke against making it into a doctor's office. VOLUME XLVII 508 The Land Use Committee voted 2 -2, the one member who voted no did not explain her reasons why she voted no, the other member who voted no said that he was concerned about strip zoning and he believed that Dr. Winters should have bought 0 -zoned property on McLean Boulevard. Now we don't know if whether there is any 0 -zoned property available on McLean Boulevard, but McLean and Larkin in this area for 0- zoning are not too much different. As the City staff has indicated this is a unique situation, when West Chicago Street is extended south of the parcel to hook up with Larkin Avenue west of the parcel the property will be a triangle between two of the City's busiest streets and will then be entirely unsuitable for residential use. I do not think this is spot zoning, this completes a triangle of 0- zoning, which has already been started across the street to the north and to the northwest. To the northeast is Larkin Home and as the staff told you just to the east on the south side of Larkin is a Standard B -3 gas station. The City is going to continue to own the vacant land to the south and to the west of the parcel and Clifton separates the parcel from the houses on the east side of Clifton, so the parcel is buffered on all sides from any residences. If the rezoning is granted Dr. Winters intends to spend his money to upgrade and improve this vacant building, which has been an eyesore to the neighborhood. If the rezoning is denied the eyesore will probably have to continue as an apartment building. I don't think that the neighbors or the City Council want that to happen at this location so I urge you to vote in favor of rezoning it to 0- zoning. Steve Nagel, 909 S. McLean: I am confused about this whole thing. I found this house up for sale and I was looking to buy the house and rebuild it for a residence. I took and contacted the real estate company that the City took and had sell the house for them and she showed me through the house. During this time me and my wife were in the house I asked her can this property become commercial property. The lady said the City of Elgin has a master plan and this is zoned residential and this is not to change. I figured out what had to be done and how much I could spend and I made up my bid on this house, figuring it was going to stay residential property. Two months later after this house is sold, they sold the house for $35,000, now all of a sudden we can make this house commercial and the house which was sold for $35,000 will be worth $100,000. 1 don't see why the City, if they do plan on extending Chicago Street, why did'nt the City rezone it themselves and sell it for $100,000. 1 mean that's $65,000 of the taxpayer's money. 509 VOLUME XLVII I don't see where it should be rezoned, it was suppose to be a residence, there is houses all around there. I took and wanted the bid, the real estate lady showed me through it and then all of a sudden she got real hot about selling the house. I finally decided that I was going to bid $25,000 on the house itself and I went and talked to her about it and she said why don't you bid $30,000 and take the lot next to it, and to me it seems that my bid was custom ordered by her and I says well that seems like a pretty.good deal. I get the extra lot for $5,000, so I took and bid $30,000 and she turned it in and l believe she represented my bid here, or the company did, and came to City Council and says I got two bids, one for $30,000 and one for $35,000, and the City Council just looked at the higher bid and he got the bid. The thing is that if she used my name and my bid as a bid to sell this house, i never signed any bid for the real estate, went down and told her what I wanted to bid, I told her wanted to take it into Mike Sarro down there and explain my, bid. She told me she would make an appointment with Mike Sarro on Monday and we could come down and make up the bid and take it down to him. Well Monday came and she says well he does'nt want to talk to you. She said he does'nt even want to hear you, she says I turned in your bid and they will vote on it tonight and we will let you know what happens. That night she calls up and says your bid was refused A few days later I hear another bid came in and it was sold. Mike Sarro, Director of Purchasing: There are a number of corrections which I would like to make to the last statement. First of all when we received those two offers neither of those were from this gentlemen. We received two offers the night that we made that decision which were turned in from the Board of Realtors, who we had contracted to handle this purchase for us after we had failed in an attempt to sell the property by sealed bid, when no bids were received. Then the Council decided to sell the property through a realty and we decided to place it with the Board of Local Realtors and we set up an agreement for them to handle the purchase. We talked to no one, we did not talk to Mr. Winters nor the other offer that we did in fact receive and reviewed. We received no offer from Mr. Nagel. I don't know who the realty woman was that he was speaking with, or dealing with, we received two offers through the Board of Local Realtors. In that respect the City had no knowledge of any bonafide or other offer that Mr. Nagel may or may not have purported. The two that you acted on was Dr. Winters for $35,000, cash purchase, no terms, for both lots and the other one was from a gentleman by the name of Lane Burnidge for $25,000, for lot 1 only with conventional terms. VOLUME XLV11 510 Again I don't know what conversations Mr. Nagel may have had with any realtor, but the terms of the sale were always that the property would be sold as R -2, with no promises in any regard that the City would entertain motions to rezone. The City's position was that it would be sold with it's present zoning. Mayor Verbic: I wish to thank you for this explanation because all of us were here at the time this was discussed previously and I am sure that each and everyone of us concur with what you have said because that is exactly the way it was presented to us. We proceeded through the bid process of accepting the highest bid, we only had two bids, one from Dr. Winters and one from Lane Burnidge, and this was all that was presented to us. Mike Sarro: And that is all the City ever received, we never received any late bids after that date either. Revie Slaubaugh, 21 N. Clifton I am trying to speak for 47 or 48 signers of a protesting petition which has not been brought before the Council yet and I would like for that to be in the record. Mayor Verbic: It will be in the record, the Clerk will have it. Revie S- laubaugh: Many of the people who signed this petition are retired and they don't go out at night, or you probably would have a representation of people here. Besides this Petition it seems there should be one or two things said. First Larkin Avenue is a busy street and those of us who live there have difficulty entering traffic because of this and to open another intersection into Larkin Avenue would only increase the difficulty. Secondly, three or four years ago the property on the southeast corner of North Clifton was an item of discussion before the Council. The owner was asking for O- Zoning, changing from a single family residence and at that time the Council denied the petition, which really was requesting a spot zoning, and we would hope for a similar decision on this property. Don Wagner: I want to make a correction on that last statement. There was a zone change for property to the east of the subject property a number of years ago. The request was for a B commercial zoning and at that time the City did not have an O- Limited Office District. That is one of the reasons we were turning down so many of these property requests because the commerical zoning at that time allowed something like 77 different uses, although most of the requests were for office uses. In this particular instance there are different circumstances so we have a different recommendation. 511 VOLUME XLVII Councilman Hansen made a motion, seconded by Councilman Kirkland to approve Petition 22 -82. Mayor Verbic: This is a piece of property that anyone who drives by can see the deterioration of this particular house which is located on this site. I am going to vote yes on this particular change because I feel that the beneficial effects of the rehabilitation of a home which is in bad repair will benefit the neighborhood much more than what we have at the present time. Councilman Waters: I would just like to make a comment. too plan to vote in favor of this, but one of the things that am uneasy about is the fact that in approving this we are approving it because of the plans that have been submitted to us and what we envision as an office building that fits in nicely with the residential concept. My concern is that by giving it 0-zoning we are giving it an unlimited 0- zoning that once the use of the property is exchanged, if a new owner receives that property in the future, it may not be the same conditions and I just take this opportunity to make a comment. 1 think the Community Development staff may well want to consider the possibility of some kind of a recommendation to the staff that with this kind of zoning request that we build in some kind of a restriction that limits it to what is proposed with that zoning so that it does not become something different in the future. Mayor Verbic: I don't see how you can when you have the ordinance whereby you are limited to offices. Councilman Hansen: I am in favor of this project and I am thrilled that we can get a piece of property back on the tax rolls in a productive way. I comfortable that it is isolated enough to that it will not bother anyone and in response to Councilman Waters' concerns, which I am sure he sincerely feels, we have requirements in our parking restrictions that would preclude any large office structure ever being built on this property. I think this is a positive thing that is going to upgrade the area. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII FINAL P.U.D. APPROVAL FOR PHASE TWO OF KENNINGTON SQUARE 512 Don Wagner; Mr. Ken Kresmery is requesting final plat approval of the second phase of his Kennington Square development located on Summit Street. Phase Two consists of three two story structures containing 28 condominiums. Kennington Square is currently scheduled to be constructed in five phases, the entire project was annexed zoned R -4 P.U.D. and received preliminary plat approval in 1977. The Community Development Department recommends approval of the Final Plat for Phase Two, it is in conformance with both the approved preliminary plan and the subdivision regulations. There are two standard conditions attached to the recommendation. One the submission and approval of engineering plans and specifications and the required completion bond, and compliance with the terms and conditions of the Kennington Square Annexation Agreement and compliance with all other applicable codes and ordinances. At its regular meeting of October 18, 1982, the Land Use Committee recommended approval of the final plat for phase two by a vote of 6 -0. Councilman Schmidt made a motion, seconded by Councilwoman Nelson to approve the final plat for Phase Two of Kennington Square. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION AUTHORIZING EXECUTION OF AN ANNECATION AGREEMENT SPRING COVE 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. 513 VOLUME XLVII RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT' (Spring Cove) WHEREAS, the owners of record of certain territory described as follows: That part of the Northwest Quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Northwest corner of said Section 15; thence Easterly, along the North line of said Section 15, a dis- tance_of 437.58 feet; thence Southerly, parallel with the West line of said Section 1S; a distance of 421.00 feet (and also being the Southwest corner of a sanitary sewer easement Document No. 1478849) for the place of beginning; thence Easterly, parallel with the North line of said Section 15, and also being the South line of said sanitary sewer easement, a distance of 449.30 feet, also being the Southeast corner of said sanitary sewer easement; thence Southerly, parallel with the West line of said Section 15, a distance of 685.45 feet to the center of Highland Avenue Road; thence North- westerly along the center line of Highland Avenue Road a distance of 457.31 feet to a line drawn Southerly, parallel with the West line of said Section 15, from the place of beginning; thence Northerly, parallel with the West line of said Section 15, a dis- tance of 584.17 feet to the place of beginning, containing 6.54 Acres, more or less. Also an easement for ingress and egress and utility purposes over the Easterly 66.0 feet of, as measured from and perpendicular to, the East line of the above described property "for the benefit of the parcel directly northerly of the above described property and the parcel described as Document No. 1044127, being situated in Elgin Township, Kane County, Illinois. 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 of the 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 THE 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 the form attached hereto as Exhibit A and incorporated herein by reference. VOLUME XLVII 514 Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 27 1982 Adopted. October 2�, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Ma Yea Marie Yearman, City Clerk ORDINANCE PASSED ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN SPRING COVE Councilman Hansen 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. 515 VOLUME XLVII Ordinance No. SS -82 AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN (Spring Cove) 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 limts 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 in the manner provided by law. 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 Northwest Quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Northwest corner of said Section 15; thence Easterly, along the North line of said Section 15, a dis- tance of 437.58 feet; thence Southerly, parallel with the West line of said Section 15; a distance of 421,00 feet (and also being the Southwest corner of a sanitary sewer easement Document No. 1478849) for the place of beginning; thence Easterly, parallel with the North line of said Section 15, and also being the South line of said sanitary sewer easement, a distance of 449.30 feet, also being the Southeast corner of said sanitary sewer easement thence Southerly, parallel with the West line of said Section 15, a distance of 685.45 feet to the center of Highland Avenue Road; thence North- westerly along. the center line of Highland Avenue Road a distance of 457.31 feet to a line drawn Southerly, parallel with the West line of said Section 1S, from the place of beginning; thence Northerly, parallel with the West line of said Section 15, a dis- tance of 584.17 feet to the place of beginning, containing 6.54 Acres, more or less. Also an easement for ingress and egress and utility purposes over the Easterly 66.0 feet of, as measured from and perpendicular to, the East line of the above described property for the benefit of the parcel directly northerly of the above described property and the parcel described as Document No. 1044127, being situated in Elgin Township, Kane County, Illinois. VOLUME XLVII 516 Section 2. That a certified copy of this ordinance together with an accurage 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/ Richard L. Verbic Richard L. Ver ic, Mayor Presented: October 27, 1982 Passed: October 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED CLASSIFYING CERTAIN NEWLY TNNEXED TERRITORY AND GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT SPRING COVE Councilman Kirkland 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. 517 VOLUME XLVII Ordinance No. G52 -82 AN ORDINANCE CLASSIFYING CERTAIN NEWLY ANNEXED TERRITORY AND GRANTING A SPECIAL USE FOR A PLANNED UNIT DEVELOPMENT (Spring Cove) 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; 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 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 the R -4, General Residence District, the following described property: That part of the Northwest Quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Northwest corner of said Section 15; thence Easterly, along the North line of said Section 15, a dis- tance of 437.58 feet; thence Southerly, parallel with the West line of said Section 15; a distance of 421.00 feet (and also being the Southwest corner of a sanitary sewer easement Document No. 1478849) for the place of beginning; thence Easterly, parallel with the North line of said Section 1T, and also being the South line of said sanitary sewer easement, a distance of 449.30 feet, also being the Southeast corner of said sanitary sewer easement; thence Southerly, parallel with the West line of said Section 15, a distance of 685.45 feet to the center of Highland Avenue Road; thence North- westerly along the center line of Highland Avenue Road a distance of 457.31 feet to a line drawn Southerly, parallel with the West line of said Section lb, from the place of beginning; thence Northerly, parallel with the West line of said Section 15, a dis- tance of 584.17 feet to the place of beginning, containing 6.54 Acres, more or less. Also an easement for ingress and egress and utility purposes over the Easterly 66.0 feet of, as measured from and perpendicular to, the East line of the above described property for the benefit of the parcel directly northerly of the above described property and the parcel described as Document No. 1044127, being situated in Elgin Township, Kane County, Illinois:" ` VOLUME XLVII 518 Section 2. 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 3. That a special use permit for the development and use of the subject property as a planned unit development as shown on the pre- liminary plan attached hereto and made a part hereof as Exhibit A is hereby granted subject to the terms and conditions of the agreement for annexation of the property described by and between the City of Elgin, the owners of record and the developer, a copy of which has been filed with the City Clerk. 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 Presented -; October 27, 1982 Passed: October 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON FOX LANE TO CORRECT THE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY 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. 519 VOLUME XLVII Ordinance No. G53 -82 AN ORDINANCE AbENDING AN ORDINANCE RECLASSIFYING PROPERTY LOCATED ON FOX LANE TO CORRECT THE LEGAL DESCRIPTION OF THE SUBJECT PROPERTY WHEREAS, on August 25, 1982 the City Council of the City of Elgin passed Ordinance No. G44 -82 entitled, An Ordinance Reclassifying Property Located on Fox Lane from R -4, General Residence District, to M -1, Limited Manufacturing District; and WHEREAS, said ordinance reclassified certain property located on Fox Lane, but inadvertently included an erroneous legal description. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 1 of Ordinance G44 -82 entitled, An Ordinance Reclassifying Property Located on Fox Lane from R -4, General Residence District, to M -1, Limited Manufacturing District, passed August 25, 1982, be and is hereby amended to read as follows: "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 -4, General Residence District, and including in M -1, Limited Manufac- turing District, the following described property:. The North 1010.81 feet of the West 861.88 feet of the follow- ing described parcel of land: That part of the Southeast quarter of Section 32, Town- ship 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of the Southeast quarter of said Section 32; thence Northerly along the West line of said Southeast quarter, 741.5 feet for the point of beginning; thence North 86 degrees 48 minutes East, 2566.41 feet to the center line of Sleepy Hollow Road (N. McLean Blvd.); thence Northerly along said center line 729.71 feet to the Southerly right of way line, as monumented, of Parcel No. N- 0-59, as acquired by the Illinois State Toll Highway Commission through proceedings filed in the Circuit Court of Kane County as Case No. 57 -533; thence Northwesterly along said Southerly right of way line, as monumented, 683.3 feet to a jog in said Southerly right of way line; thence Northeasterly along said jog, as monumented, being at right angles to the last described course, 20.0 feet; thence Northwesterly along said Southerly right of way line, as monumented, being at right angles to the last described course, 1134.12 feet to the North line of the Southeast quarter of said Section 32; thence Westerly along said North line, 861.88 feet to the Northwest corner of said Southeast quarter; thence South along the West line of -said Southeast quarter, 1894.3 feet to the point of beginning, in the City of Elgin, Township of Dundee, Kane County, Illinois. "' VOLUME XLVII 520 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: October 27, 1982 Passed: October 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Year Nan Marie Yearman, City Clerk RESOLUTION APPROVING CHANGE ORDER NO. 4 IN THE CONTRACT WITH ILLINOIS HYDRAULIC CONSTRUCTION COMPANY FOR CONSTRUCTION OF A WATER TREATMENT PLANT 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. 521 VOLUME XLVII I RESOLUTION APPROVING CHANGE ORDER NO. 4 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 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. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 27, 1982 Adopted: October 27, 1982 Vote: Yeas 7 Nays 0 Recorded: ��Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE TRAFFIC AND PARKING RESTRICTIONS ON SOUTH CRYSTAL AVENUE BETWEEN WEST CHICAGO STREET AND SOUTH STREET 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. VOLUME XLVII 522 Ordinance No. G56 -82 AN ORDINANCE AMENDING THE TRAFFIC AND PARKING RESTRICTIONS ON SOUTH CRYSTAL AVENUE BETWEEN WEST CHICAGO STREET AND SOUTH STREET 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 further amended by adding to the designated list of stop intersections under Section 11.28.020 the following: South Crystal Avenue. All vehicles being operated northbound on South Crystal Avenue must stop at West Chicago Street before entering the same. Section 2. That Title 11, Chapter 11.24 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by prohibiting left turns under Section 11.24.040 the following: No left turn onto West Chicago Street from northbound South Crystal Avenue. Section 3. That Title 11, Chapter 11.28 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by deleting from the list of one -way streets under Section 11.28.050A the following: Crystal Avenue from Highland Avenue to South Street. Section 4. That Title 11, Chapter 11.28 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by adding to the list of one- way streets under Section 11.28 .0501) the following: North Crystal Avenue from West Highland Avenue to Nest Chicago Street. Section 5. That Title 11, Chapter 11.36 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by prohibiting parking under Section 11.36.050M the following South Crystal Avenue, west side thereof, from West Chicago Street to South Street. Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 7. 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 L. Verbic, Mayor 523 Presented: October 27, 1982 Passed: October 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: aq=t �t.J��- d --d1'' . s/ Marie Yea man Marie Yearman, City Clerk VOLUME XLVII RESOLUTION ADOPTED REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE A PORTION OF ROUTES 19 AND 31 FOR ANNUAL PARADE 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. VOLUME XLVII 524 RESOLUTION REQUESTING PERMIT FROM STATE DEPARTMENT OF PUBLIC WORKS AND BUILDINGS TO CLOSE A PORTION OF ROUTES 19 AND 31 FOR ANNUAL PARADE WHEREAS, Elgin Post #57, The American Legion of the City of Elgin desires to hold their annual Veterans Day Parade on Routes 19 and 31 on Monday, November 11, 1982 at 10:30 a.m.; and WHEREAS, said parade will require the closing of a portion of Route 19 from Route 31 to North Grove Avenue and Route 31 from Lawrence Avenue to West Chicago Street;; and WHEREAS, the State of Illinois requires the City of Elgin to assume all responsibility and liability involved in the closing of said highways. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that said City of Elgin will assume full responsibility for the direction, protection and regulation of traffic during the time the detour is in effect, and all liabilities for damages of any kind occasioned by the closing of said State Route. IT IS FURTHER AGREED that efficient, all weather detours will be maintained conspicuously marked and judiciously police patrolled for the benefit of traffic deviated from the State Routes. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 27, 1982 Adopted: October 2], 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Year n Marie Yearman, -City Clerk E PASSED RECLASSIFYING PROP INES Councilman Hansen 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. 525 VOLUME XLV11 Ordinance No. G54 -82 AN ORDINANCE RECLASSIFYING PROPERTY AT 18 NORTH STATE 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 18 North State Street, Elgin, Illinois, 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 the B -3, Service Business District, and including in the B -4, General Service District, the follow- ing described property: Lots 7, 8, 9 and 10 of Block 29 of William C. Kimball's Plat 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,Cquncil. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 27, 1982 Passed: October 27, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Att st: , Ps/ Marie Yea ma-CY� Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING RENEWAL OF LEASE WITH THE CHICAGO & NORTHWESTERN Councilman Schmidt 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 XLVII 526 RESOLUTION AUTHORIZING RENEWAL OF A LEASE WITH THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY WHEREAS, the City of Elgin has heretofore leased certain railroad right -of -way property from the Chicago and NorthWestern Transportation Company for use as a public street known as Wellington Avenue and located between National Street and Bent Street in the City of Elgin; and WHEREAS, it is necessary and desirable to renew said lease upon the same terms and conditions as are contained in the current lease with the exception of the amount of the annual rent. 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 renewal of a certain lease with the Chicago and NorthWestern Transportation Company for a portion of Wellington Avenue at a rental of $850.00 per annum plus annual real estate taxes. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 27, 1982 Adopted: October 27, 1982 Vote: Yeas 7 Nays 0 f` Recorded: ,Attest: s/ Marie Yeamma J Marie Yearman, City Clerk ORDINANCE PASSED RECLASSIFYING PROPERTY AT - - AND GETTY STREET FROM R-2, SINGLE FAMILY RESIDENCE TO R-3, TWO FAMILY RESIDENCE Councilwoman Nelson made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: Councilman Waters. 527 VOLUME XLVII Ordinance No. G55 -82 AN ORDINANCE RECLASSIFYING PROPERTY AT 910 -912, 911 -915 AND 919 -921 GETTY STREET FROM R -2, SINGLE FAMILY RESIDENCE, TO R -3, TWO FAMILY RESIDENCE WHEREAS, written application has been made to reclassify certain property located at 910 -912, 911 -915 and 919 -921 Getty Street, Elgin, Illinois, from R -2, Single Family Residence, to R -3, Two Family Resi- dence; 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 ; ^lap', as amended, be and are hereby altered by excluding from the R -2, Single Family Residence District, and including in the R -3, Two Family Residence District, the following described property: The West Half of Lot 16, and Lot 17, Block 7 and Lots 27, 28, 29 and 30, Block 6, all in Elgin Heights Addition in the City of Elgin, Cook 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 Ver ic, Mayor Presented: October 27, 1982 Passed: October 27, 1982 Vote: Yeas 6 Nays 1 Recorded: Published: t st: Ma ri e�Y a main �r1� Marie Yearman, City Clerk VOLUME XLVII 528 AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Government Personnel Consultants. $4,850.00 Testing of firefighter candidates. Speer Financial, Inc. $5,000.00 Services re Industrial Revenue Bonds for Gromer Enterprises and Universal Chemical. Councilman Waters made a motion, seconded by Councilwoman Nelson to approve the aforementioned payment. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic, Nays; None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Report for July, 1982 Transportation Operations Report for September, 1982 Cemetery Report for September, 1982 Budget Summary dated October 6, 1982 F -.- Councilwoman Nelson 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. RECOGNIZE PERSONS PRESENT Petition To Help Stop The Nuclear Arms Race Vickie Kaplan, 180 Highbury: I am here representing the Elgin Inter -Faith Peace Task Force consisting of clergy and laity from the following six Elgin churches: First Congregational Church, Faith United Methodist, First United Presbyterian, Wesley United Methodist, Highland Avenue Church of the Brethren and the Unitarian Universalist Church. also speak on behalf of the 1150 Elgin residents who signed this petition requesting the resolution being requested of you tonight. We ask the Council to stop and think about something that may happen in your lifetime which would probably mean the end of the world as we know it, and l speak of nuclear war. We want you to consider how close humanity has itself, but most importantly we want you to do it. We are asking you to join us in a call to arms race and propose in short that the United Soviet Union adopt a mutual freeze on the test and deployment of all nuclear weapons, missels designed primarily to deliver nuclear weapons.. mutual freeze. come to destroyinc something about halt the nuclear States and the ing, production and new aircraft, In short a 529 VOLUME XLVII This resolution we ask you to join us in is only for a nuclear freeze that is mutual. If the Russians do not go along the deal is off. The resolution speaks only of a mutual freeze that is also verifiable, verifiable to the satisfaction of the United States or again the deal is off. Please join with us in saying that the time for the freeze is now. As people of faith, as Elgin residents, as Americans who want our country to survive and as parents who want a future for our children, join us in a resolution for hope and a return to sanity. The Petitions bearing 1150 signatures of Elgin residents and the precise resolution will be read by Sue Leaver. Sue Leaver, 1480 Meyer St.: We will now present you with the following resolution for your most careful and serious consideration: Resolution by the Elgin City Council endorsing the call to halt the nuclear arms race. Whereas, possibility of nuclear holocaust is increasing with every expansion of the nuclear arsenal, and Whereas, the damage caused by nuclear war would be indiscriminate and would not be confinable by time or place, and Whereas, a nuclear war would kill or injure millions and millions of people, and threaten the survival of the human race, and Whereas, nuclear war would cause massive ecological disruption, causing irrepealable damage to the 0 -zone layer which protects us from blinding by the Sun's ultraviolet rays, and Whereas, the greatest challenge facing the earth is to prevent the occurrence of nuclear war by accident or, design, and Whereas, a mutual nuclear arms freeze, followed by reductions in nuclear warheads, mi'ssels, and other delivery systems, is needed to halt the nuclear arms race and to reduce the risk of nuclear war, and Whereas, the nuclear arms race diverts resources needed by cities across our nation, including Elgin, for solving pressing human problems, and Whereas, a resolution from a mutual nuclear "freeze has been adopted in over 11, at the time of the writing of this resolution, now there are 17 cities. VOLUME XLVII 530 1 would now like to introduce Mr. Harry Barnes, a teacher in this community and a former Elgin City Council member, who will speak in support of this resolution. Harry Barnes: We are asking for your support in taking our message to the Congress of the United States, or any body else that will listen, and if you think it is not effective l will cite you these statistics. In seven states which passed a nuclear freeze resolution, of their 78 Congressmen, 68 voted yes. This included 8 republicans who were willing to go against their own President. In Illinois, where the Illinois Senate passed the freeze resolution, our Congressman, three republicans, Porter, Finley and Martin, voted in favor of it and a total of 13 Illinois Congressmen, which is the majority of the Congressmen. Then 1 thought we should consider this economically, might this have an economic effect on Elgin, or on the Elgin budget. First of all since 1980 the defense budget has increased to a point where it is now 282'% of the total budget. Entitlements, which would be human service type things, on the other hand have decreased. Four or five years ago the entitlements were greater than the defense expenditures so we are gravelling in that direction. What does this mean to Elgin. When l was on the City Council we considered the North End Bridge from the time I got on it until the time I left and we were told at the beginning how { much funding we would get from the federal government. When we built the Kimball Street Bridge, 26% of the funding came from federal funds. I don't think that is what we will get for the North End Bridge, if we ever build it. In terms of HCD funds we have declined from $892,00 to $745,000. We don't have CEATA. We don't have EDA. Federal Revenue sharing has gone from a high of $836,000 to $710,000. Even more important than these grants may be what is happening to human service organizations in Elgin. I got in touch with the United Way and was informed that because of cutbacks in federal funding agencies that the United Way represent are expecting any where from a 10% to 30% cut in the funds that make up their budget. For example, CCADA lost $140,000 and if they are going to make up that money it will have to come from us in Elgin. In terms of tax dollars sent to Washington for military use, Illinois sends seven billion dollars and gets back two billion dollars in defense expenditures. The 12th Congressional Districts sends $376,000,000 to Washington and gets back $159,000,000. The 13th sends $295,000,000 and gets back $242,000,000, thats not too bad. The 15th, which is Corcoran's old district sends $264,000,000 and gets back $45,000,000, l suspect that what's going to happen with the change in district, we are going to get the Corcoran part of the district that is not being funded and we are going to lose the part that is getting defense funds. I don't know whether you consider that good or not. J + 531 VOLUME XLVII In terms of economies I would say we don't get our share of the defense dollars when we also receive fewer human and city projects funds. Finally, does the public support this. Well you see some measure of support behind this, there is no referendum in Kane County, there will be a referendum in Cook County next Tuesday. 1 think the public is in support of this and if they are not 1 think they should be and I think the Elgin City Council could help to make the public aware and could really get more support for this kind of a resolution. ask you to join us in passing this resolution and forwarding it to our Congressman. The main reasons for doing this have already been brought to you, what I am bringing are political and economic considerations, but the moral consideration is the important one. William H. Clark, 585 N. Weston: I represent the Elgin inter- faith Peace Task Force and the 1100 names that are being placed before you. I also speak out of a global ecumenical consensus of religious bodies. Never has there been such a consensus among religious communities, internationally and ecumenically as there is around the issue of a mutual veriviable freeze and what is happening here tonight has been happening all over this land that the call to halt the nuclear arms race has been placed before governmental units at all levels with remarkable results. We have lost touch with reality. We have the military capability to kill everybody, in the world twelve times. So we want to increase that killing capacity to fifteen or sixteen times. We have 30,000 nuclear weapons in our stock pile and Russia has at least half that many. We are told that building more weapons will make our situation safer, when each weapon we build actually, in fact, and in reality, make our human situation more precarious. There is one compelling fact, above all the others, that human beings have a right to live free of the risk of mutual nuclear annihilation. It is that right that we are exercising here tonight by urging you to join the ever increasing governmental bodies endorsing a mutual and verifiable freeze. We come before you tonight seeking your leadership and urging your leadership in this community by endorsing the resolution for a mutual and verifiable freeze. Mayor Verbic; Thank you very much for your very informative messages which each of you gave this evening. I am sure all of the Council members appreciated all of the information provided. VOLUME XLVII would like each of the Councilmen to l packet and I am going to instruct, with to have the Corporation Counsel prepare November 10th meeting. in the meantime opportunity to digest tonight's meeting which has been provided. 532 read the enclosed the Council's permission, a resolution for the we will have the and also the information I wish to thank each and everyone of you for coming to us this evening with your message and we will proceed by having this on our next Council Agenda for November 10th. ANNOUNCEMENTS Mayor Verbic made announcements relative to forthcoming meetings. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Hansen to adjourn the Council Meeting and to reconvene the Committee of the Whole Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. The Council Meeting was adjourned at 9:40 p.m. l 'uvvf Marie Year man , City C er x VOLUME XLVII November 10, 1982 533 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 10, 1982, 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 Pastor Harold Ross of the Calvary Lutheran Church and the Pledge of Allegiance was led by Councilman Kirkland. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Absent:' None. Also present: Nelson, Yearman, Blondin and members of staff. MINUTES OF THE OCTOBER 27, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilwoman Nelson to approve the October 27, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic.. Nays: None. BID FOR BIG TIMBER COMMUTER PARKING LOT TABLED Councilman Gilliam made a motion, seconded by Councilman Schmidt to table the bid for the Big Timber Commuter Parking Lot. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID, FOR THE NATIONAL STREET COMMUTER PARKING LOT TABLED Councilman Hansen made a motion, seconded by Councilman Waters to table the bid for the National Street Commuter Parking Lot. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR FENCING FOR THE LORDS PARK MAINTENANCE BUILDING AREA 534 VOLUME XLVII Councilman Gilliam made a motion, seconded by Councilwoman Nelson to award the bid for fencing for the Lords Park Maintenance Building Area to the low bidder, Fox Valley Fence, for the amount of $1,588.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR LIGHTING FOR ST. FRANCIS PARK Councilman Hansen made a motion, seconded by Councilman Gilliam to award the bid for 4 aluminum poles and 8 floodlights to the low bidder, Revere Electric Supply, for a total amount of $3,057.12. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED ENDORSING THE CALL TO HALT THE NUCLEAR ARMS RACE Kenneth Jack, a student at Larkin High School, presented a scenario which revolved around a nuclear bombing of Chicago and the effect of same on the City of Elgin. Harry Barnes: I would just like to make two points. One of them has to do with the fact that people are concerned that this is some kind of a unilateral thing. The resolution that is before you does'nt ask that at all. The resolution that is before you calls upon an immediate objective for the United States and the Soviet Union to pursue a complete halt to the nuclear arms race. It says also that we should decide when and how to achieve a mutual and verifiable freeze, and it involves the Soviet Union. The second part of it says proceeding from this freeze the United States and the Soviet Union should reduce. Finally it says we should then turn to rechanneling our resources and I think that is where the local part comes in, people say what has the City of Elgin got to do with this. As far as I can see we have lost about $150,000 in federal revenue sharing in the past year, $150,000 in HCD funds, we have lost CETA, we have lost the EDA and we are having trouble funding the bridge. When the federal government pumps nearly 30% of its budget into military expenditures they are going to have to make cuts somewhere and the cuts are coming in these kinds of projects. The other thing is that even though the military is spending this kind of money its not being spent in our district. Finally, why should you be doing this, or why are we coming to you, we come to you because you are qualified, you are our elected representatives and we are just asking for your support in telling the President and the Congress let's get on with it. Let's negotiate a mutual agreement. VOLUME XLVII 535 Councilman Kirkland: 1 think the City Council and the State Government, whatever, is in an excellent position as representatives of the citizens 1 guess to voice what they feel or what we feel on their behalf, as lobbyist really to the Federal Government. I think we are in-as good a position, a better position than any citizens to do that. One of the things that 1 believe is that the nuclear deterrent is established. I mean I don't know where we are going with more and more nuclear weapons. I am sure you can argue expert and so forth against that, but I think it is established and I wonder when we present, with using the language mutual and verifiable, the United Stages in doing this, if it has some influence on the Federal Government is presenting a positive posture toward a peaceful world and I think that is good, I think we should do that. I suppose your answer to this is they would never do it, but I wonder, some people argue well the Russians want us to do this, this is right up their alley. I wonder if they did it how we would respond, or whether we would respond. Would we not trust that initiative by them. Should either side take that initiative at any time, and 1 wonder where it stops. I would like to throw in a position that I think is probably more extreme than this mutual verifiable arms freeze resolution and that is lets assume for the moment that Russia is ahead, that your experts are right and Russia is ahead and lets assume further and maybe try to blame it on the fact that they are land locked and they have enemies on all sides and so forth, and that they are historically more paranoid than the United States in terms of military, lets assume that they are always going to stay ahead, that any step we take they are going to take the same step and stay ahead of us all the time. Again, when does it stop, I mean they become increasingly militaristic and do we just follow them forever and you know it would obviously if we did follow them forever it would be forever until either by intention or by accident you know those things went off and a catastrophes occurred. will add a couple of other things and I am no expert on this either but I have done some reading on it. First of all the guns and butter issue I think very few people want to talk about that. It has been talked about tonight and I think it is the issue. 1 think the President is clearly in favor of guns over butter and I just don't lean that way and specifically with nuclear weapons again because I think the deterent is established. I am not at all positive that I lean that way in terms of conventional warfare. With the deterent established I think the basic kind of warfare that goes on around the world that we have witnessed, Afghanistan, possibly Poland, Central America, Iran, Iraq and so forth, those take conventional type of warfare to come back and I think when we spend time on more and more nuclear weapons I think it is a waste. 536 VOLUME XLViI In terms of guns versus butter from what I read a lot of defense development involves research and development and that is not conducive to increasing jobs. I believe what I read in that you have a much greater increase of jobs when you have a civilian economy rather than a military economy. Also I suspect that we are interested and always have been in a spiritual but also a materialistic economy, goods and services, again a military economy does not help the civilian economy that produces goods and services, that makes this country more economically powerful and I think we should stress economics sanctions and stress building the civilian economic strength that would give us the ability to use economic sanctions as a means of warfare with us being able to withstand the problems with that for our own economy better than anyone else. 1 think the wording of this is clearly mutual in scope, calling for a mutual peace so to speak, and I just don't see how anyone can vote against it. Those who might I would certainly like to hear what the problem is, what the wording is of this resolution that bothers them. Diane Wilkinson, 674 Forest: I did not come here this evening prepared to speak. I read about this in the Courier and I was very proud that you were going to be considering this issue. i think the fact that the people who are here this evening are overwhelmingly in favor of what is being discussed. Lamar Gibble, 1185 Countryside Drive: I have three quick points that I would like to make. First of all mention has been made of living up to the Salt II Agreement or not. We have indication from this administration that it is the understanding of the administration that indeed both sides have lived up to the Salt it Agreement todate, because this administration has indicated that if there is indication that the Soviets have not lived up to the Salt it Agreements we will move ahead and obviously violate those agreements. The second point relates to verification of whether weapons are in place or not. The Arms Control and Disarmament Agency of the U.S. Government for years has been indicating that the technology is in place and available to verify the types of weapons systems about which we are talking and that Agencies of the U.S. Government under different administrations have indicated this position. The last point of this Council appropriate for such as these. that I would like acting upon this .the citizenry to to make relates to the appropriatness type of resolution. I think it is indicate where they are on issues Donna Barnett, 467 Columbia Avenue: I would like to encourage you to vote for the freeze. ► would also like to point out that I am one of thirteen hundred petitioners in this town who has asked you to do this. I think it is appropriate for you to represent us. VOLUME XLVII 537 Councilman Waters: i would like to make a couple of comments to the Council and to the audience. First of all l would like to express appreciation to those who have come before the Council to express their opinions, to give their point of views and especially want to commend the gentlemen who have come to give a contrary point of view. I would hope that they would be extended the same courtsey that we would expect if the situation were reversed. appreciate also the information that has been given to the Council. I have studied that information, I have done my own research and as I have done so I have tried to think through first of all why I personally would support a mutual verifiable freeze and secondly why I as a Councilman would endorse this resolution, if I so chose to support a mutual verifiable freeze. I tried to sort through that and I would like to just share some throughts that are the basis for the decisions that I have made. Why do I personally support a mutual verifiable freeze. The escalation of nuclear armament is a cyclical process, a cyclical process that has no limits. it is a process that encourages reciprocal response on both sides to maintain stability. It is a process that drains our scarce natural resources for non - productive ends. It is a process that brings us closer and closer to total absolute abhorrent destruction. We are now on the threshold of escallating to 'a level of less stability rather than greater stability. Stability is realized when both sides know that a.first strike will be met with a second strike, a retaliatory strike of unacceptable consequences. Neither side can ever gain superiority and thus we must strive for balance and I would contend that we are now at an acceptable state of stable balance. An economy based upon a war industry can only be healthy when there is an increasing demand for the products, increasing our stock piles of military hardware serves only those who have invested in the industry and not mankind in general. The cost of one F18 Hornet Jet Aircraft could met the General Fund Budget of the City of Elgin for one year and a half and we are going to equip our navy with this aircraft. This resolution calls for a verifiable freeze, something that is within our present capability. To escalate the race with new and more sophisticated technology may decrease the ability of either side to in fact verify. I don't trust the Russians, but I trust our ability to arrive at a mutually agreeable monitoring process. Why should we as a Council involve ourselves with this resolution. We should join with the neighboring communities across this country that have taken similiar stands, representing to our national leaders the pulse of the people that we represent. Everyone must represent that pulse as they feel it best, but my sense says that there is a readiness for such a stand. We should formally recognize and represent the many people of our community who have organized themselves to petition this Council with a strong unified voice. 538 VOLUME XLVII There are also few times, during a course of a year, when this Council has the opportunity to exercise leadership to the community.,` We are elected to represent, but we are also elected to provide leadership. In my opinion this is one of those occasions and l think the Council should pass this resolution as a voice of leadership to our friends, our neighbors, our fellow - residents, as well as our national leaders. Councilman Hansen: I am going to keep my comments very brief. I believe that this is a sincere well intentioned movement, I think that is evidenced by the folks that are in attendance here. am approaching this issue on the basis of what I perceive my duties as an elected official of Elgin, and I went back to our City Ordinances and tried to research that. There is only one paragraph that speaks to the powers and duties of the City Council of Elgin and I would like to read that: "The powers of the City Council shall be purely legislative except as otherwise provided by Statute or Ordinance. The Council shall approve for payment of all expenses and liabilities of the municipality ". I believe that all of us here and everyone in the audience, is approaching this issue from their personal feelings and I would like to approach it from what I perceive my duties as I was elected to be only, and I don't feel that I was elected to address this issue. I was elected to debate and pass ordinances and legislation that effect our citizens as it applies to our city government. Our own elected members of Congress cannot clearly agree on a.workable agreement with the Soviets to reduce and freeze weapon levels and they have much more information and expertise that I feel I have, or any of us in this room do. I think that if we want to change a national policy, then we should do that at an appropriate election and at the ballot box and I would think that the appropriate place to do that would when we elect our U.S. Congressmen and Senators. We have the best and finest system of government that the world has produced to this date and we do have the mechanisms in place to address our wishes and our feelings to our government at all levels. In closing I would like to say that 1 do respect and will respect all of my fellow Council members, which ever way that their conscience moves them to vote on this issue, and I respect the people in this audience, on both sides of this issue, they came here and devoted their time to make their feelings known, but I also expect the same respect back from all of the people in this room and I am sure that l will get it. Therefore I am going to vote against this resolution as an Elgin City Councilman. VOLUME XLVII 539 Mayor Verbic: I think the messages by those who spoke for it and those been very eloquent and I think they very adequately and l will say that all the information, which the high elected by us and are in a position that were delivered tonight who spoke against it have have expressed themselves we don't know all the facts, ar authorities, who have been to determine these things. I think what it means is that the Council itself is expressing themselves as a prode, more or less, to the administration on lets move ahead to try and get-some kind of a nuclear freeze so that we don't keep spending the money which we have been doing and escalating over the last few years, which has been increasing at a toll which we cannot afford. I think you should take note of the initiative which have been on the part of the States, I think there were seven or eight States who called for a nuclear freeze. The nuclear freeze initiatives did not call for a unilateral freeze and I don't think any American would call for a unilateral freeze. I think all the initiatives called that they be received by both sides and there must be some method to monitor this. 1 am going to vote yes for this because I think we are just sending a message hopefully that we can get some of these people on the other side, namely the Soviet Union, to think in terms of peace in the future. Councilman Schmidt: What I am voting on in my mind to do with the technical aspe I am voting on tonight is going to be on before me and I must say there are three that are going to effect my vote and the and freeze. here tonight is nothing :t of this project. 'What the resolution that is words in this resolution words are mutual, verifiable Councilman Gilliam made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: Councilmen Hansen and Nelson. 540 VOLUME XLVII RESOLUTION ENDORSING THE CALL TO HALT THE NUCLEAR ARMS RACE WHEREAS, the possibility of nuclear holocaust is increasing with every expansion of the nuclear arsenal; and WHEREAS, the damage caused by nuclear war would be indiscriminate, and would not be confined in time or place; and WHEREAS, a nuclear war would kill or injure millions of people and threaten the survival of the human race; and WHEREAS, nuclear war would cause massive ecological disruption and potential irreparable damage to the ozone layer which protects human beings from blinding by the sun's ultraviolet rays; and WHEREAS, the greatest challenge facing the earth is to prevent the occurrence of nuclear war by accident or design; and WHEREAS, a mutual nuclear arms freeze followed by reductions in nuclear warheads, missiles, and other delivery systems is needed to halt the nuclear arms race and to reduce the risk of nuclear war; and WHEREAS, the nuclear arms race diverts resources needed by the cities across our nation, including Elgin, to ameliorate pressing human problems; and WHEREAS, a resolution endorsing a mutual nuclear freeze has been passed by the elected officials of over 600 units of local government and city councils in the United States, including eleven cities and villages in Illinois and in particular the City of Aurora, City of Calumet, City of Carbondale, City of Chicago, City of DeKalb, City of Evanston, Village of Flossmoor, City of Highland Park, Village of Oak Park, Village of Park Forest, Village of Wilmette and also by the Illinois Senate; and WHEREAS, it is necessary and desirable that the City of Elgin also endorse the call for or halt to the nuclear arms race. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 1. That an immediate strategic arms control objective, the United States and the Soviet Union should: (a) pursue a complete halt to the nuclear arms race; (b) decide when and how to achieve a mutual and verifiable freeze on the testing, production, and future deployment o nuclear warheads, missiles, and other delivery systems; and (c) give special attention to destabilizing weapons whose deployment would make such a freeze more difficult to achieve. 2. That thereafter the United States and the Soviet Union should Pursue major, mutual, and verifiable reductions in nuclear warheads, missiles, and other delivery systems, through annual percentages or equally effective means, in a man er that ery" ces staui -ty. VOLUME XLVII 541 3. That the United States and the Soviet Union should join in rechanneling the resources which are now consumed by the nuclear arms race into overcoming the ancient enemies of humankind; hunger, poverty and disease. Presented: November 10, 1982 Adopted: November 10, 1982 Vote: Yeas 5 Nays 2 Recorded Attest: s/ Marie Yearman Marie Yearman, City Clerk IS] s/ Richard L. Verbic Richard L. Verbic, Mayor FINAL P.U.D. PLAT APPROVAL Don Wagner, Director of Community Development: The Pace Construction Company submitted for approval the final plat of Spring Cove condominium project and this is the final step in a series of reviews, annexations, zoning and preliminary plat approval, that have occurred over the last several weeks. The Community Development Department has found the plat to be in conformance with the approved preliminary plan and the City's subdivision regulations and recommends final plat approval, subject to the following conditions: 1. Submission and approval of final engineering plans and specifications, and the required completion bond; and 2. Compliance with the terms and conditions of the Spring Cove annexation agreement and compliance with all other applicable codes and ordinances. At its regular meeting on November 1, 1982, the Land Use Committee recommended final plat approval of the final plat by a vote of 4 -0. Mayor Verbic: This looks like it is going to be a real attractive asset to Elgin, and I congratulate the developers. Councilman Schmidt made a motion, seconded by Councilwoman Nelson to approve the final PUD plat for Spring Cove Townhouse condominiums. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 542 VOLUME XLVII PETITION 20 -82 REQUESTING AN AMENDMENT TO 'CHAPTER IJ.5U - VARIATIONS OF THE ZONING ORDINANCE BY THE COMMUNITY DEVELOPMENT DEPARTMENT Don Wagner: This petition was filed by the Community Development Department in order to clarify and to give more direction to the question of granting relief from enforcement of the zoning regulations. The current variation of the zoning ordinance fails to be responsible to all the unique conditions, difficulties or hardships that may be associated with strict application of the zoning ordinance. In some instances there are variations that cannot even be considered because of the language of the zoning ordinance. So the effect of the proposed amendment is to expand the list of possible variations that might be considered, it also gives additional guidance to the rules for considering these variations, making them to be more closely based exceptional conditions, difficulties and hardships, and expands the number of variations that can be granted by the Zoning and Subdivision Hearing Examiner. At its regular meeting of September 13, 1982, the Planning Commission recommended approval of these changes by a vote of 5 -0. Councilman Hansen: I view this as a positive step in the right direction. I think it is recognizing that we cannot cast so many things in stone or concrete when it comes to these zoning issues, and land issues and I think it is a breath of fresh air and step in the right direction and I am glad to see it come. Councilman Waters made a motion, seconded by Councilwoman Nelson to approve Petition 20 -82. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED RECLASSIFYING PROPERTY AT 1231 LARKIN AVENUE FROM R SINGLE FAMILY RESIDENCE DISTRICT, TO O- LIMITED OFFICE DISTRICT Councilman Waters: When we discussed this at the open hearing made the comment that I had the concern with the O- Zoning that once this was approved we may have approved an individual's petition based upon a plan proposed by that individual, but once the O- Zoning is approved that individual has the license to sell that property and that 0- Zoning transfers with the transfer of the property and therefore the new owner, or the present owner could change the configuration of that property. VOLUME XLVII 543 F The comment was made to me that our present code protects us under those circumstances. I went back and read the code and just to make a comment to the Council, I don't think it does adequately protect us. I think that there are standards there but it does'nt protect us from the individual who changes the configuration of a property from a residental transitional image to a strictly business image. You could take down a residence and put up a brick office building and it changes the transition concept that is inherent in that 0- Zoning and I make that comment to say that unless I am wrong, I would like to have the Community Services Staff address that and see if it is not possible to have a 0- zoning ordinance that is similiar to the PUD ordinance. Mayor Verbic: Well the property across the that has 0- zoning and they can come in and of the ordinance they have to meet the same one we are zoning tonight. That is so many building, height restrictions are two -story covered in the ordinance. street is vacant and .ender the restriction requirements as the square feet for the and parking is Don Wagner: Maybe you have to remember the history of the district when it was formed, before we did'nt have any 0- zoning at all in the city, we still don't have one for higher buildings and the transition at the time was conceived of only in terms of scale and bulk of the properties. it really was'nt conceived of as a transition zone in terms of the architectural design of the building or the residential character of previous buildings. I think that is something that maybe we should consider and maybe there might be two kinds of 0- zoning that we could consider in the future. One with property already with residential uses and you want to change it to an office district but you don't really want to change character nearby. The other you might be concerned with vacant property adjacent to residential areas in which people want to develop an office district and that was really the basis for that 0- zoning and that was to make sure that development was at the same scale as the surrounding residential areas. So we limited the height, setback provisions and so forth, but you are right we did not consider at that time the architectural quality of buildings and maybe we should be doing that., Councilman Waters: ' "I would like to work with the staff and see if there is'nt some way that we could bring this back as a issue for the Committee of the Whole. 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. 544 VOLUME XLVII Ordinance No. G57 -82 AN ORDINANCE RECLASSIFYING PROPERTY AT 1231 LARKIN AVENUE FROM R-2, SINGLE FAMILY RESIDENCE DISTRICT, TO 0- LIMITED OFFICE DISTRICT WHEREAS, written application has been made to reclassify certain property located at 1231 Larkin Avenue, Elgin, Illinois, from R -2, Single Family Residence District, to O- Limited Office 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 the R -2; Single Family Residence District, and including in the O- Limited Office District, the follow- ing described property: Lots 1 and 2 of Huber's Subdivision 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. Presented: November 10, 1982 Passed: November 10, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman rie Yearman, City Clerk ED s/ Richard L. Verbic K=arkl L. Verb-1c, Mayor ING LIU Councilwoman Nelson 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 XLV11 545 Ordinance No. G58 -82 AN ORDINANCE RECLASSIFYING PROPERTY AT 422 LOCUST STREET FROM R -3, TWO FAMILY RESIDENCE DISTRICT, TO R -4, GENERAL RESIDENCE DISTRICT WHEREAS, written application has been made to reclassify certain property located at 422 Locust Street, Elgin, Illinois, from R -3, Two Family Residence District, to R -4, General 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 the R -3, Two Family Residence District, and including in the R -4, General Residence District, the follow- ing described property: Of that part of Lots 2 and 3 of Samuel 0. Kimball's Addi- tion to Elgin, described as follows: Commencing at the North- west corner of Lot 1 in said Addition; thence Easterly along the Northerly line of said Lot 2.25 feet to a point hereinafter referred to as point "A "; thence Easterly along said Northerly line 68 feet; thence Southeasterly 75 feet along a line which if extended would intersect the Southerly line of said Lot 3 at a point 74.25 feet Easterly of the Southwest corner thereof, for the point of beginning; thence Southeasterly along the ex- tension of the last described course 169.5 feet to the Southerly line of said Lot 3; thence Southwesterly along said Southerly line of said Lot 3; thence Southwesterly along said Southerly line 70 feet; thence Northerly along a line which will intersect point "A" aforesaid, to a line drawn Westerly from a point on the Easterly line of said Lot 2, which is 82.5 feet Southerly of the Northeast corner of said Lot 1, through the point of beginning; thence Easterly along said line 68.95 feet to the point of beginning, 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. verbic, Mayor 546 Presented: November 10, 1982 Passed: November 10, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk VOLUME XLVI1 ORDINANCE PASSED AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1916, AS AMENDED BY ADDING A CLASS J LIQUOR LICENSE FOR THE SALE OF BEER AND WINE IN RESTAURANTS Marie Yearman, City Clerk: After the Council Agendas were delivered, Mr. Cook who is the owner of Cassidys on Dundee Avenue, delivered to my office petitions in total opposition to the Class J Liquor License the city is presently considering. There are a little over 200 names here and in checking them over they were signed not only by Elgin residents, but South Elgin, Huntley, Carpentersville, Streamwood, Wayne, Dundee, Roselle, Hanover Park and West Chicago. Marty Cook: I am the one who presented the petitions. The petitions I managed to accumulate came from my establishment and several of the other smaller establishments in town• have talked with many of my customers because I honestly feel that this petition is going to drive myself out of business. know that the people who are requesting the license, Chuck's Family Inn, which is a small place, which probably is not going to hurt me, or hurt a lot of people in town, but you are probably opening up Pandora's box. I don't know if the additional revenue of $750.00 is going to add that much extra revenue because 1 think what might develop is you are going to take from Peter to give to Paul. In other words I am going to go out and someone else is going to come in. Councilman Schmidt: The only thing that disturbs me about this license is that I have read in the newspaper where the Elgin Police Department has received a grant from the State to go after drunken drivers and I feel that if I would vote yes that I would be putting some of these citizens in jeopardy if they had a glass of wine or beer, they could be hauled in. Councilman Gilliam made a motion, seconded by Councilman Kirkland to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland and Mayor Verbic. Nays: Councilmen:. Nelson, Schmidt and Waters. VOLUME XLVII Ordinance No. G59 -82 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BY ADDING A CLASS J LIQUOR LICENSE FOR THE SALE OF BEER AND WINE IN RESTAURANTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 547 Section 1. That Section 6.06.050 of Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, entitled "License -- Classes -- Fees" is hereby amended by adding the following: "K. Class J - -For the sale by service bar in restaurants, as defined in Article I, paragraph 2.23 of the Illinois• Liquor Control Law, of beer and wine for consumption on the premises. For the purpose of this section sale by service bar shall mean those sales whereby the licensee or his employees serve beer or wine in conjunction with food to patrons who are seated at a table or counter where the patrons consume said food, beer and wine. Fee shall be Seven Hundred and Fifty Dollars." 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 10, 1982 Passed: November 10, 1982 Vote: Yeas 4 Nays 3 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk DINANCE PASSED AMENDING CHAPTER 6.06 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. 548 VOLUME XLVII Ordinance No. G60 -82 AN ORDINANCE AMENDING CHAPTER 6.06 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED BY REQUIRING A $12.00 PROCESSING FEE FOR ALL LICENSE APPLICATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 6.06.070 entitled "License-- Application -- Filing' of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows: "6.06.070 License -- Application -- Filing -- Processing Fee Applications shall be directed to and filed with the local liquor control commission; shall be filed in duplicate and shall be accompanied by the deposit of a certified or cashier's check, postal money order, or cash in the full amount of the annual license fee required to be paid for the kind of license applied for; provided that if any such fee is payable in more than one payment, such deposit shall be in the amount of the first pay- ment only. In addition to all other fees imposed the applicant shall also pay a nonrefundable twelve dollars ($12.00) at the time of filing to cover the cost of processing the application. If any such application is denied, the deposit, but not the twelve dollar ($12,00) processing fee, shall be returned to the applicant by the local liquor control commission." Section 2. 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: November 10, 1982 Passed: November 10, 1982 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED ESTABLISHING THE PROPERTY MAINTENANCE BOARD OF APPEALS Councilman Gilliam 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. VOLUME XLVII Ordinance No. G61 -82 AN ORDINANCE ESTABLISHING THE PROPERTY MAINTENANCE BOARD OF APPEALS 549 WHEREAS, concerted effort has been made 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 neighborhood housing services program; and WHEREAS, the establishment and carrying out of a sensitive and flexible systematic housing inspection program is desirable for the operation 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 should be construed liberally and justly to ensure public health, safety, and welfare insofar as they are affected by the maintenance of structures and premises for the rehabilitation of existing buildings, so that the application of any provision of code where compliance with such provision creates practical difficulty or undue hardship may be varied be consistent with the purpose of the code and to achieve acceptable levels of safety, and to promote the conservation, rehabilitation, and reuse of the existing; housing stock. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Intent. The BOCA Basic Property Maintenance Code shall be construed liberally and justly to ensure public health, safety and welfare insofar as they are affected by the maintenance of buildings and structures and their associated premises. In order to achieve a liberal and just interpretation of the BOCA Basic Property Maintenance Code, ensure public health, safety and welfare, and provide a means for the granting of variances consistent with the purposes of the BOCA Basic Property Maintenance Code and the Neighborhood Housing Services of Elgin, a BOCA Basic Property Maintenance Board of Appeals is hereby created and hereafter referred to as the Board. Section 2. Membership and Terms. The Board membership shall consist of five (5) residents of the City of Elgin or owners of property located in the City of Elgin appointed by the City Council of the City of Elgin and shall include the following: One (1) person skilled in real estate and property management; one (1) general contractor ex- perienced in residential rehabilitation work; one (1) registered architect experienced in residential rehabilitation work; one (1) resident who is a lessee of residential property located in the 550 VOLUME XLV11 designated Neighborhood Housing Services Area; and one (1) resident who is an owner of and occupies a residence located in the designated Neighborhood Housing Services area. One of the members of the Board may be appointed chair- person by the City Council, In the event that the City Council fails to appoint a chairperson, the members of the Board shall elect one of its members to serve as chairperson. Each member shall be appointed for a one year term effective on the date of the official creation of the Board by the City Council to determine the Board's membership. Section 3. Administration. The Board shall adopt rules governing its proceedings and administration of its duties. The Board shall meet not less than four (4) times annually, a quorum of three (3) members shall be required for any Board action other than adjournment for want of a quorum. The official responsible for administration and enforcement of the Property Maintenance Code of the City of Elgin shall attend all meetings of the Board and shall act as secretary to the Board. The secretary shall maintain an accurate record of all proceedings, shall maintain a file of all petitions filed, and shall keep a written record of all findings and decisions made by the Board. Section 4. Powers and Duties. The Board shall hear petitions for variations from the BOCA Basic Property Maintenance Code, as adopted by the City of Elgin. If the Board,finds that the full compliance of the requirements of BOCA Basic Property Maintenance Code, as adopted by the City of Elgin would result in undue hardship to the applicant by reason of practical difficulty, the Board may grant a variance provided: A. That the unique structural conditions of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out; and B. That the variance is only to the extent necessary to ameliorate the particular hardship; and C. That the alleged hardship has not been created by any person presently having an interest in the property; and D. That the conditions upon which the petition for variation is based would not be generally applicable to other properties; and E. That the purpose of the variation is not based exclusively upon a desire to gain a greater economic return from the property or to avoid the costs of compliance; and VOLUME XLVII F. That compensating factors or alternative methods are present which give adequate protection to the public health, safety and welfare without impairing the intent and purposes of the BOCA Basic Property Maintenance Code. Any decisions of the Board shall be final. Section S. Right To Petition. 551 No petition for a variation from the BOCA Basic Property Maintenance Code, as adopted by the City of Elgin, may be filed unless the subject property is located within the designated Neighborhood Housing Services area and the buildings or structures effected were constructed prior to 1950. Section 6. Procedure. a) All petitions for variation shall be made on a form furnished by the secretary of the Board. b) Copies of all petitions for variation filed shall be submitted to all code enforcement departments of the City of Elgin for review and recommendation. c) A copy of the petition and recommendations of code enforcement departments shall be submitted to the Neighborhood Housing Services of r Elgin not less than ten days prior to a hearing by the Board. d) Notice of all hearings shall be posted in the office of the City-Clerk not less than ten days prior to the hearing. e) Secretary shall cause copies of all recommendations to be given to the petitioner not less than five days prior to the hearing. f) The Board shall conduct a public hearing on all petitions and shall hear the testimony of all persons desiring to be heard. g) At the conclusion of the hearing the Board shall make written findings of fact and render its written decision. Section 7. Effective Date. 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. Vierbic, Mayor 552 Presented: Adopted: Vote: Yeas: Attest: November 10, 1982 November 10, 1982 7 Nays 0 sl Marie Yearman Marie Yearman, City Clerk VOLUME XLV11 RESOLUTION ADOPTED CO- SPONSORING THE NOMINATION OF THE ELGIN HISTORIC DISTRICT TO THE NATIONAL REGISTER OF HISTORIC PLACES Councilman Wafers =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 XLVII RESOLUTION CO- SPONSORING THE NOMINATION OF THE ELGIN HISTORIC DISTRICT TO THE NATIONAL REGISTER OF HISTORIC PLACES 553 WHEREAS, the City Council of the City of Elgin on March 11, 1981 designated a portion of the City of Elgin as the "Elgin Historic District" in recognition of its historical and architectural importance to the people of Elgin; and WHEREAS, the "Elgin Historic District" is an area representative of the founding and development of the City of Elgin; and WHEREAS, placement of the "Elgin Historic District" on the National Register of Historic Places represents state and national recognition of the unique and distinctive characteristics which constitute the "Elgin Historic District; and WHEREAS, placement of the "Elgin Historic District" on the National Register of Historic Places will provide incentives for local rehabilita- tion and historic preservation programs, 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 co- sponsors, in conjunction with the Gifford Park Association, Inc., the nomination of the "Elgin Historic District" to the National Register of Historic Places. sl Richard L. Verbic Richard L. Verbic, Mayor Presented: November 10, 1982 Adopted: November 10, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s1 Marie Yearman Marie Yearman, City Clerk UTION AUTHORIZING EXTENSION OF THE Councilman Hansen 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. 554 VOLUME XLV11 RESOLUTION AUTHORIZING EXTENSION OF THE MEMORANDUM OF AGREEMENT WITH THE BROCK HOTEL CORPORATION (FORMERLY TOPEKA INN MANAGEMENT, INC.) FOR ISSUANCE OF REVENUE BONDS 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 which will be used by the Company or its designee; and WHEREAS, a Memorandum of Agreement dated January 9, 1980 (the "Memo- randum of Agreement ") 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, the term of the Memorandum of Agreement was extended by a resolution of the Issuer adopted on March 25, 1981; and WHEREAS, the parties hereto wish to extend further the term of the Memorandum of Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the term of the Memorandum of Agreement is hereby further extended for one year from the date hereof (or such other date as shall be mutually satisfactory to the Issuer and the Company). BE IT FURTHER RESOLVED 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 extended, and to cause not more than $10,000,000 of its revenue bonds to be issued upon the terms and conditions stated in such Memorandum of Agreement, as hereby amended. s/ Richard L. Verbic Richard L. er ic, 3yor Presented: November 10, 1982 Adopted: November 10, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk Councilwoman Nelson 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 XLVII 555 RESOLUTION AUTHORIZING AN AMENDMENT TO THE FINANCING AGREEMENT BETWEEN THE CITY OF ELGIN AND THE ELGIN LABOR TEMPLE ASSOCIATION, INC. AND THE FIRST NATIONAL BANK OF ELGIN AS TRUSTEE 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 amendment to a financing agreement dated November 1, 1979 by and between the City of Elgin, Illinois, a municipal corporation of the State of Illinois, party of the first part (the "Issuer "), the Elgin Labor Temple Associa- tion, Inc., a not- for - profit corporation, organized and existing under the laws of the State of Illinois, party of the second part (the "Company "), and the First National Bank of Elgin, a national banking corporation, not individually but solely as the Trustee for the benefit of the purchasers of the Industrial Revenue Bond Issue (the "Trustee "), a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 10, 1982 Adopted: November 10, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING Councilman Gilliam made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansne, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. 556 VOLUME XLVII RESOLUTION ACCEPTING THE PROPOSAL OF THE PITOIAETER ASSOCIATES FOR ENGINEERING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts the proposal of The Pitometer Associates dated October 20, 1982 for an updated engineering study of the Elgin water distribution system, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 10, 1982 Adopted: November 10, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk 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 XLVII 557 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO LEASE A BUS TERMINAL WITH THE REGIONAL TRANSPORTATION AUTHORITY 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 to lease on behalf of the City of Elgin a bus terminal 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. Ver ic, Mayor Presented: November 10, 1982 Adopted: November 10, 1982 Voter Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City clerk UTION ADOPTED APPROVIN Councilwoman Nelson made a motion, seconded b y to adopt the aforementioned resolution. Yeas: Hansen, Kirkland, Nelson, Schmidt, Waters and None. DER Councilman Waters Councilmen Gilliam, Mayor Verbie. Nays: 558 VOLUME XLVII RESOLUTION APPROVING CHANGE ORDER NO. 5 IN THE CONTRACT WITH ILLINOIS HYDRAULIC CONSTRUCTION CCMPANY 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 5, 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 5, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard Verbic, " Mayor Presented: November 10, 1982 Adopted: November 10, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, Catty Clerk RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AGREEMENT TO ACQUIRE CERTAIN REAL PROPERTY NECESSARY FOR TYLER CREEK DETENTION FACILITY 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. VOLUME XLV11 559 RESOLUTION AUTHORIZING EXEECUTION OF AGREEMENT TO ACQUIRE CERTAIN REAL PROPERTY NECESSARY FOR TYLER CREEK DETENTION FACILITY WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to construct a storm water detention facility to alleviate flooding in the Tyler Creek Watershed and thereby prevent damage to property located within the City of Elgin; and WHEREAS, Ill. Rev. Stat., 1979, Ch. 24, §11 -112 -6 entitled "Purchase or Condemnation of Necessary Real Estate" authorizes the City of Elgin to acquire real property outside of its corporate limits as is necessary for the construction and maintenance of protective embankments and other struc- tures to alleviate flooding; 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; and WHEREAS, it is necessary and desirable to acquire certain real property and easements for such purposes; and WHEREAS, on July 22, 1981 the City Council of the City of Elgin passed an ordinance providing for the acquisition of certain property for the Tyler Creek detention facility by agreed purchase or eminent domain; and WHEREAS, the City of Elgin and the owners of the real property in question have agreed to transfer certain property described herein in lieu of that described in the ordinance referred to above along with various easements upon the terms and conditions set forth in the agreement attached hereto and made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager and City Clerk be and are hereby authorized, empowered and directed to execute the agreement attached hereto and made a part hereof for the acquisition of certain real property and easements necessary to construct and maintain the Tyler Creek Detention Facility. s/ Richard L. Verbic Richard L. Ver ic, Mayor 560 VOLUME XLVII Presented: November 10, 1982 Adopted: November 10, 1982 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Owen Paris Tee Shirts $2,362.50 Youth Soccer Program. Quindel` construction $8,470.44 Sidewalk replacement Ryerson Park & Highland. Government Personnel $4,680.00 Testing of 39 firefighter Consultants candidates Councilman Gilliam made a motion, seconded by Councilman Kirkland to approve the aforesaid payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. CHANGE ORDER No 2 TO THE CONTRACT WITH P.B. VERDICO, INC. FOR WORK AT THE ECC FOUNTAIN SQUARE CAMPUS BUILDING Councilman Gilliam made a motion, seconded by Councilwoman Nelson to approve Change Order No. 2 to the contract with P.B. Verdico, Inc., for work at the ECC Fountain Square Campus Building. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, and Mayor Verbic. Nays: None. Abstained: Councilmen Schmidt and Waters, REPORTS RECEIVED AND ORDERED PLACED ON FILE City Traffic Committee Minutes, October 7, 1982 Public Property and Recreation Board Minutes, October 26, 1982 Monthly Building Permit Report for October, 1982 Public Works Activity Report for September, 1982 Councilman Hansen made a motion, seconded by Councilman Gilliam to place the aforesid reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays: None. ADJOURNMENT Councilman Gilliam made a motion, seconded by Councilman Kirkland to adjourn the Council Meeting and to reconvene the Committee of the Whole Meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Nelson, Schmidt, Waters and Mayor Verbic. Nays- None. The Council meeting was adjourned at 10 :05 p.m. Marie Yearman, City Clerk VOLUME XLVII November 23,1982 561 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 23, 1982 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 Marianne Verbic and the Pledge of Allegiance was led by Councilman Schmidt. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Absent Councilmen Kirkland and Nelson. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE NOVEMBER 10, 1982 COUNGIL MEET N AP UBL Councilman Waters made a motion, seconded by Councilman Hansen to approve the November 10, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR THE BIG TIMBER COMMUTER PARKING- LOT Councilman Waters made a motion, seconded by Councilman Hansen to award the bid for the Big Timber Commuter Parking Lot to Harry W. Kuhn, Inc. for an amount not to exceed $341,037.98. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR THE NATIONAL STREET COH4nER PARKING LOT Councilman Waters made a motion, seconded by Councilman Hansen to award the bid for the National Street Commuter Parking Lot to McKeever Construc- tion Company for an amount not to exceed $99,149.86. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. PETITION 26 -82 REQUESTING A REZONING FROM R -2 AND R -3 TO 0- LIMITED OFFICE DISTRICT, PRO= LOCATED ON NORTH Don Wagner: Petition 26 -82 is a request to rezone property from R -2, Single Family, and R -3, Two Family to 0- Limited. The property covers three adjacent parcels containing five lots, totally 35,500 square feet. Three residential structures of which one has a legally established medical office as a home occupation. The properties are located at 232 and 280 North McLean Boulevard and 1421 Lawrence Avenue and the larger parcel containing three lots which is zoned R -3 is owned by Dr. William Harrison, the other two are owned by Robert Jaynes and James J. Geltner, respectively. 562 VOLUME XLVII The area to the west, south and southeast is zoned R -2, the area to the north is zoned 0- Office and the area to the east and northeast is zoned B -3. The area is a mixture of uses with a restaurant, a gasoline station, an office and other residential uses. The trend of development along North McLean Boulevard from Lawrence to Wing is decidedly to convert from residential uses to office uses and the widening of North McLean to four lanes appears to be accelerating the trend in that area. The area to the south, however, remains predominately residential in character. The Community Development Department has recommended the approval of Petition 26-82 because of the development trend in the area, because of the adjacent non - residential properties that exist to the north and to the northeast and east and to the design standards under O- Limited which generally minimize the potential land use conflicts with other residential areas. Also, the southern - most property, which is owned by Dr. Harrison, is residential in character and probably will remain so. At its regular meeting of November 1, 1982 the Land Use Committee recommended approval of the petition by a vote of 3 yeas to l no, subject to the following vehicular access limitations. Access to the northern- most lot, 1421 Lawrence Avenue, is limited to one approach on Lawrence Avenue and no approach on North McLean. Access to the middle lot, 280 North McLean, is limited to one existing approach on McLean, which approach straddles the property line between that property and the property to the south owned by Dr. Harrison. Access to 232 North McLean, Dr. Harrison's property, will be limited to the two existing approaches, the one I just mentioned and the other one that is located in the middle lot of the three lots that he owns. This access limitation was shown on the sketch you received in your material. You also have a list of signatures from neighbors who are on record as having no objection to the proposed zoning change. Councilman Waters made a motion, seconded by Councilman Schmidt to approve Petition '26 -82. Yeas. Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED AMENDING THE ZONING ORDINANCE RELATING TO ARIATIONS Councilman Hansen made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None Ordinance No. G62 -82 AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO VARIATIONS WHEREAS, written application has been made to amend the provisions of the zoning ordinance relating to the granting of variations; and WHEREAS, the Planning Committee of the Planning and Land Use Commis- sion conducted a public hearing on said request after due notice in the manner provided by law; and WHEREAS, the Planning Committee of the Planning and Land Use Commis- sion has recommended amendment of the zoning ordinance relating to the granting of variations; and WHEREAS, the City Council of the City of Elgin concurs in the recom- mendations of the Planning Committee of the Planning and Land Use Comm s- sion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 19.50.010 of Chapter 19 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "19.50.010 Purpose of provisions. The purpose of this chapter is to provide a means of varying the provisions of this title in harmony with its general purpose and intent, based on the standards prescribed in this chapter that there are extraordinary or exceptional conditions, difficulties, or hardships associated with the strict application of the require- ments of this title. The authority to grant a variation from the requirements of this title shall be sparingly exercised. Any varia- tion granted shall be the minimum adjustment necessary for the reasonable use of the land. Variations shall be granted only in the specific instances set forth in this chapter." Section 2. That Section 19.50.040 of Chapter 19 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "19.50.040 Standards - Generally. The zoning and subdivision hearing examiner shall not vary the provisions of this title as authorized in this chapter unless he has made favorable findings based on evidence presented to him at a public hearing regarding each of the following standards: A. That there are extraordinary or exceptional conditions, difficulties, or hardships which render the strict application of the requirements of this title unreasonable. B. That the variation, if granted, will not alter the essential character of the locality." Section 3. That Section 19.50.050 of Chapter 19 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "19.50.050 Standards - Additional. For the purpose of supplementing the standards in Section 19.50.040, the hearing examiner shall also determine the extent to which favorable findings have been established by the evidence presented at a public hearing for each of the following additional standards: A. That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the distract in which it is located. B. That the particular physical surroundings, shape, or topo- graphical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out. C. That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification. D. That the purpose of the variation is not based exclusively upon a desire to make a greater economic return from the property. E. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property. F. That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements to the neighborhood in which the property is located G. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire or otherwise endanger public safety, or substantially diminish or impair property values within the neighborhood." Section 4. That Section 19.50.070 of Chapter 19 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "19.50.070 Authorized variations. Variations from the regulations of this title may be decided by the zoning and subdivision hearing examiner or, in certain instances, by the land use administrator, only in accordance with the standards set forth in this chapter and only in the following instances and no others: A. Variations that may be granted by the land use administrator without a public hearing are as follows: 1. To permit the reduction of a required yard by one foot or less; 2. To permit the extension of a building line of a structure that conformed to previous regulations at the time of its con - struction 3. To permit changes in parking requirements as provided in Chapter 19.44; 4. To permit the same off- street parking spaces to qualify as required spaces for two or more uses; provided that the use of such facility by each user does not take place during the same hours or on the same days of the week; S. To permit changes in community graphic requirements as provided in Chapter 19.45. B. However, no such variation as set forth in subsection A of this section shall be granted unless the land use administrator finds the following: 1. That the purpose of the variation is not based exclusively upon a desire to make a greater economic return from the property; 2. That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improve- ments to the neighborhood in which the property is located; 3. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire or otherwise endanger public safety, or substantially diminish or impair property values within the neighborhood. C. Variations that may be granted by the zoning and subdivision hearing examiner are as follows: 1. To permit the reduction of a required yard, setback lot area, lot width, floor area ration, or required off- street parking and loading; 2. To permit an increase in a maximum building height or in the maximum percent of a rear yard that may be occupied by an accessory building; 3. To permit an existing nonconforming use to be changed to another nonconforming use in the saw or a higher classification; 4. To permit changes in community graphic requirements as provided in Chapter 19.45; S. To permit construction of a nonsolid -type security fence not to exceed ten feet in height and in addition thereto not more than three strands of barbed wire, within the required yard of property located within a business or manufacturing district; provided, that the need for a security fence is demonstrated by 566 VOLU%IE XLVII findings and recommendations of the police department; and provided further, that the security fence does not interfere with or obstruct the view of motorists in the vicinity and is approved by the engineering division. Security fences shall be screened by plant material, earth - mounded berms, or a combination thereof. Screening shall be maintained at a height of not less than two nor more than three feet within any required front yard. Planting areas shall be maintained free of litter, weeds and debris and all dead plant material shall be replaced." Section 5. 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 form. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: November 23, 1982 Passed: November 23, 1982 Vote: Yeas 5 Nays 0 Recorded: Published: Attest:. s/ Marie Yearm n rie Yearman, City Clerk AT THE Councilman Hansen made a motion, seconded by Councilman Waters to pass:the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII 567 Ordinance No. G63 -82 AN ORDINANCE AMENDING CHAPTER 11.44 REGARDING PARKING AT THE SPRING STREET PARKING FACILITY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 11.44, Section 11.44.16OG entitled "Civic Center Parking Zone" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby amended to read as follows: "G. The finance director may lease each parking space of the Spring Street Parking Facility at a monthly rate of twenty -five dollars. The lessee shall place the parking permit on the front window, so it is visible from the front of the vehicle and use their Cintac Card upon leaving. Failure to comply shall result in the revocation of the parking permit and forfeiture of the paid parking fee." Section 2. That this ordinance shall be in full force 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. Verbic, Mayor Presented: November 23, 1982 Passed: November 23, 1982 Vote: Yeas 5 Nays 0 Recorded: Published: Attest: s arm e Ye �dnan Marie Yearman, City Clerk RESOLUTION ADOPTED PROVIDING FOR A PUBLIC HEARING ON Councilman Waters made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None, 568 VOLUME XLVII RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE PROPOSED MUNICIPAL BUDGET FOR 1983 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 November 24, 1982 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 8, 1982 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. s/ Richard L. Verbic Richard o Verbic, My-or Presented: November 23, 1982 Adopted: November 23, 1982 Vote: Yeas 5 Nays 0 Recorded: Att st: s/ Marie Yuman Marie Yearman, City Clerk RESOLUTION ADOPTED APPOINTING MEMBERS OF THE PROPERTY MAINTENANCE BOARD TF APPEALS Councilman Hansen made a motion, seconded by Councilman Waters to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII RESOLUTION APPOINTING MEMBERS OF THE PROPERTY MAINTENANCE BOARD OF APPEALS WHEREAS, the City of Elgin by ordinance has heretofore established a Property Maintenance Board of Appeals; and WHEREAS, it is necessary and desirable to appoint members to said Board. NOW, THEREFORE, BENT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following persons are hereby appointed as members of the Property Maintenance Board of Appeals: Bruce R. Dahlquist Harry E. Lange Steve Lauderdale Donald L. Mapes Caroll Jones Walters Presented: November 23, 1982 Adopted: November 23, 1982 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yeaman Marie Yearman, City Clerk s/ Richard L. Verbic Richard L. Verbic, Mayor APPROVING CHANGE ORDER NO. 3 IN THE 569 Councilman Hansen made a motion, seconded by Councilman Schmidt, to table the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. RESOLUTION ADOPTED AUTHORIZING RELOCATION PAYMENTS Councilman Waters made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. 570 RESOLUTION AUTHORIZING RELOCATION PAYMENT'S UNDER LAND AND WATER CONSERVATION PROGRAM VOLUME XLVII 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 amount shown: Ms. Bernice Plote - 58 S. Union Street Replacement Housing Payment $4,000 Moving Expense 235 35 s/ Richard L.- Verbic Richard L. Verbic, Mayor Presented: November 23 1982 Adopted: November 2J, 1982 Vote: -Yeas 5 Nays 0 Recorded: �Attest: s/ Marie Year an Marie Yearman, City Clerk ADOPTED SETTING A PUBLIC HEARING ON THE USE Councilman Waters made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None, i VOLUME XLVII 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 8, 1982 at 8:00 p.m. in the City Council Chambers located at 150 Dexter Court, Elgin, Illinois. 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. Presented: November 23 1982 Adopted: November 113, 1982 Vote: Yeas 5 Nays 0 Recorded: ,Attest: s/ eait Marie Yearman, City Clerk s/ Richard L. Verbic Richard L. er ic, Mayor AN AGREEMENT WITH 571 SERIES Councilman Hansen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. 572 RESOLUTION AUTHORIZING AN AGREHTENT WITH PRODUCERS FOUNDATION LTD. FOR PERFORMING ARTS FOR YOUNG PEOPLE SERIES VOLUME XLVII 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 RichaM L. Verbic, Mayor Presented: November 23, 1982 Adopted: November 23, 1982 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie Yearmn Marie Yearman, City Clerk LUTH WITH Councilman Schmidt made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt., Waters and Mayor Verbic. Nays: None, VOLUME XLVII 573 RESOLUTION AUTHORIZING AN AGREEMENT WITH KOLMAR -LUTH ENTERTAINENT, INC. 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 Kolmar -Luth Entertainment, Inc. 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: November 23, 1982 Adopted: November 23, 1982 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Marie YeaYman Marie Yearman, City Clerk Councilman - Hansen "made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. 574 VOLUME XLVII RESOLUTION AUTHORIZING AN AGREEMENT WITH THE NATIONAL THEATRE 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 an agreement with The National Theatre Company 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 ar L, er 1c, Mayor Presented: November 23 1982 Adopted: November K 1982 Vote: Yeas 5 Nays 0 Recorded: Attest: s / -Marie Yea an Marie Yearman, City Clerk Councilman Schmidt made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilman Gilliam, Hansen, Schmidt, Waters and Mayor Verbic, Nays: None. VOLUME XLVII Ordinance No. T8 -82 AN ORDINANCE PROVIDING FOR PAYMENT OF DEFICIENCY IN THE CERTIFICATE OF FINAL COST AND COMPLETION OF CITY OF ELGIN SPECIAL ASSESSMENT NO. 77 TX 2747 BY ASSESSMENT FOR PUBLIC BENEFIT WHEREAS, the City of Elgin has passed an ordinance for the making of a local improvement, which is designated as City of Elgin Special Assessment No. 77 TX 2747; and 575 WHEREAS, the Circuit Court of Kane County has confirmed said special assessment; and WHEREAS, the improvement has been completed by the contractors, Valley Engineering, Gluth Bros. & Wayne Zimmerman, a joint venture, and accepted by the Board of Local Improvements of the City of Elgin; and WHEREAS, the Board has approved the Certificate of Final Cost and Completion, which reflects a deficiency in the amount of $1,296,766.68; and WHEREAS, there will be a deficiency in the amount of assessment required to pay the cost of the work, cost of engineering and inspection, cost of levying, making and collecting the assessment, and the amount estimated to pay accruing interest on bonds and vouchers in the sum of $1,296,766.68, and the deficiency will benefit the public in said sum in addition to the public benefit previously assessed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City of Elgin, Kane County, Illinois, pay the deficiency of $1,296,766.68 in City of Elgin Special Assessment No. 77 TX 2747 and the same be assessed againt the City as public benefit in the sum of $1,296,766.68, payable out of the second to tenth install- ments inclusive, in addition to the amount already confirmed against the City for public benefit. 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 er ic, Mayor Presented: November 23, 1982 Passed: November 23, 1982 Vote: Yeas 5 Nays 0 Recorded: Published: At st: s/ Marie Yea man Marie Yearman, City Clerk 576 VOLUME XLVII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Kane County Highway Department $ 5,725.00 Traffic Signals, Trkla, Pettigrew, Allen $ Payne $ 3,878.26 Elgin Downtown Development Study Rydin Equipment $ Supply $ 3,299.38 Repairs for Bus #8088 United Diesel Service $10,083.78 Repairs for Bus #8093 Water Products Co. $ 2,403.00 Hasting Street Watermain Improvement Neighborhood Housing Services $18,661.00 Philip $ Diane Johnson of Elgin 159 N. Liberty - $ 4807 Mary Louise Carrington 257 N. Gifford - $13,854 Chapman and Cutler $ 5,000.00 Legal Services for Sears /ECC Fountain Square Campus Project Bond Issue Erwin W. Jentsch $ 5,000.00 Legal Services for Sears /ECC Fountain Square Campus Project Bond Issue Councilman Gilliam made a motion, seconded by Councilman Waters to approve the aforesaid payments. Mayor Verbic stated that he would vote against the payment to Trkla as the company has been twice overdrawn on the contract which in his opinion is not fair to the citizens. Mayor Verbic stated he would have to vote in favor of the payment to Trkla, only because it is a part of various other authoriza- tions for payment which should be authorized; Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Sales Tax Revenue for Month of August Minutes of Hemmens Advisory Board of September 9, 1982 Minutes of Traffic Committee Meeting of October 28, 1982 Transportation Operations Report for October, 1982 Parking Lot Revenues, October 1, 1981 through September 30, 1982 Councilman Gilliam made a motion, seconded by Councilman Schmidt to place the aforesaid reports on file. Yeas: Councilmen Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. ANNOUNCEMENTS Mayor Verbic stated that the Council will meet for a budget review on December 4, 1982 at 1:00 p.m. in the Conference Room. On Wednesday, December 8, there will be a Committee of the Whole Meeting at 6:30 p.m. and the next regularly scheduled Council meeting will be on December 8, 1982 at 8:00 p.m. VOLUME XLVII 577 Councilman Hansen made a motion, seconded by Councilman Schmidt to adjourn to the .Board of Local Improvements Meeting. Yeas: Councilman Gilliam, Hansen, Schmidt, Waters and Mayor Verbic. Nays: None. The Council me ting was adjourned at 8:40 p.m. Marie Yearman, City C e—r-- VOLUME XLVII December 8, 1982 578 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 8, 1982, 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 Mayor Verbic and the Pledge of Allegiance was led by City Clerk Yearman. ROLL CALL Roll call was answered by Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Absent: Councilwoman Nelson. Also present: Nelson, Yearman, Jentsch and members of staff. MINUTES OF THE NOVEMBER 23, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Schmidt to approve the November 23, 1982 Council Minutes as published. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR WATER DEPARTMENT VAN Councilman Kirkland made a motion, seconded by Councilman Hansen to award the bid for a Water Department Van to the low bidder, Biggers Chevrolet, for a total net bid price of $6,765.40. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR POLICE DEPARTMENT BREATHALYZER UNIT Councilman Hansen made -a motion, seconded by Councilman Waters to award the bid for a Police Department Breathalyzer Unit to the low bidder, Constable Equipment Company, for a total price of $3,495.00. [DOT will reimburse the City $2,621.25, leaving the City with a net cost of $873.75 for this purchase. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. PETITION 25 -82 REQUESTING A REZONING CT Attorney Harry Schaffner: I was informed about ten or fifteen minutes ago that the petitioner on this project wishes to table the petition which is pending. As you may be aware we have marshalled a number of people to speak here tonight and a number N 579 VOLUME XLVII of citizens have come and I thought that if I could have a moment ._ or two to say a couple of things that we might do this. Without intending to grandstand, since a number of people have come, I would ask that those people who have come to show by their presence an objection to the petition, please stand fora moment. I would like to call a couple of things to your attention. First of all we do not know, but believe that the property which is the subject matter of the petition was sold under an option by the petitioning owners of the property through Zeman Realty in a listing agreement that we found today, and I am told that Zeman Realty representing the property here has sold the existing mobile home park which is operated by the petitioner, and along with that an option on this property, so I think there is a serious question as to whether or not the actual developer of the property is the developer who is asking for the rezoning of the property. Secondly,.1 would; point out to you that the Plan Commission did not in my opinion communicate it's 7 -0 negative vote to the Land Use Committee, who voted approval 4 -2. I don't understand how, when the secretary of both bodies is the same person there could be a: lack of communication. I was not in this matter early enough to tell you how that occurred,, but I do know that there appears to be some lack of communication evidenced by the fact, and I think it occurred because the developer tabled the process for a time and went back to the Land Use Committee, We believe that as the project is presented to you that it bears a tremendous burden on the tax structure of the City and of the residents of Elgin who are in Cook County, Hanover Township. According to the developer's own material this project will not be self- supporting for ten years. A letter from Mr. Farley of the School District indicates that the property will be contri- buting to the tax base, but I am sure that you are all aware of the fact that there is no real estate tax on mobile homes, and then the question becomes whether or not the underlying land is going to be appropriately taxed. You might be interested in knowing that in this developer has successfully petitioned Appeals in Cook County and reduced his tax $72,000 to $45,000. So I believe that if the same pattern that it will be the other and the other citizens of Hanover Township for this developments the last three years the Tax Board of on this property from the developer shows citizens of the City who will be paying I would also call to your attention the fact that the street width that is being provided is 24 feet. I also call to your attention the fact that the developer having re-worked the petition and based on the variances and zero lot lines, is varying the minimum standards of the lots to an extent so that taking into consideration the double lots and single lots this developer is putting.25% more units on the land than is permitted under our ordinary ordinances. VOLUME XLV11 580 It is difficult to fight against an opponent who is not willing 1, to fight this evening. I would ask that we be given ample time so that we can address ourselves to some of these issues. We certainly ought to know who owns the property the -next time we are here. We would certainly be in favor of not tabling this, but that there be a vote tonight on the issue because the developer can always start over. It is not the case that a developer should be allowed to pick his night. Tonight was the night that was scheduled and advertised and we are here pursuant to notices which have been given us. I also served on the City Clerk a contiguous landowner's objection and we do not know the position of the City on that yet. Robert Schroeder: Apparently this is a controversial petition and at 3 :30 this afternoon I received a third registered letter with another change to the objection by Attorney Schaffner and asked him about ten minutes ago what property this was that was in this third objection and he told me who it was and so we have not had enough time to have our attorney look over these objections and do not know what ramifications they might have. If this objection is sustained and it is valid of course you realize that it requires a two - thirds vote in order to pass it and at this time we would like to request a delay until such time as we could have a hearing before a full Council. There seems to be some questions that have come up on the sale of our present park that I believe have to be cleared up and I believe we can do this, but we don't feel that we can on such short notice. We respectfully request -a delay until such time as we can get a full Council to hear this proposal. Tony Ceresa: It seems to me that he was served with a registered letter on another objection to the petition here. Like he just got through stating that he did not have enough time, his attorney does not have enough time to analyze, this. It seems to me that if he intended to have an attorney represent him he would be present here this evening. I feel this way, I feel it is a delay action, I think as Attorney Schaffner has come forth on the sale of his present property and then also on the bottom it says option on 60 plus acres contiguous, zoned for 273 spaces for PUD, assuming he has already gotten the zoning.. I don't think this is right. I think it should be heard right now. I think he is more than prepared. He knew all along what he wanted and he surely must know what it is all about. All we have is another objection to the petition, we are just adding another name. So what is the big thing about wanting his attorney, which is'nt even here to represent him this evening, Mayor Verbic: A petitioner does have the right to ask for a petition to be tabled and it is up to the Council at this point to decide whether or not they want to accept the tabling. 581 VOLUME XLVII Councilman Kirkland: I move that the petition be tabled and ask r= if we need a specific date. Counsel Jentsch It is not required to have a specific date. You can table it indefinitely or you can put it over to a day certain. Councilman Kirkland: I would ask what the petitioner's desire is. It is his petition, it is his project to go forward with or not go forward with. Robert Schroeder: As I stated we would like to have our proposal presented before a full Council and right now it is rather in- definite when we might have a full Council. I suppose the safest way is to have it when you elect a full Council, which would be satisfactory, or 60 days would be satisfactory also. Mayor Verbic: -The dates of the new Council meetings will be on Mondays after the first of the year and since Council meetings are to be held on the second and fourth Monday, it would either be the fourth Monday in April or the second Monday in May. Robert Schroeder: Either date is satisfactory. Mayor Verbic: Then Councilman Kirkland . you made the motion for tabling that you a date after a new elected body has been Council and Mayor for the City of Elgin. Councilman Kirkland: I would say that I feelings either way, but I will make the how it goes. would suggest that since add the stipulation of sworn in to serve as don't have any strong motion that way and see Councilman Gilliam:. Would it be possible to, not knowing the condition of Councilwoman Nelson, she could come back before that time and that would be a full Council. I mean no one knows at this point. Rather than put a date on it can we make it indefinite because if she is able to come back we could have that done as soon as she is able to come back. Mayor Verbic: Would you like to make this in the form of an amended motion. Councilman Kirkland: I move that it be tabled indefinitely. Councilman Gilliam: I will second that motion. Yeas: Councilmen Gilliam, Kirkland, Schmidt and Waters. Nays: Councilman Hansen and Mayor Verbic. Councilman Hansen: I would like to find out from our Corporation Counsel, if in fact, this is a valid petition and then perhaps he could explain to a newcomer like me the ramafications of the majority vote needed, if it is in fact a valid petition. VOLUME XLVI1 582 Counsel Jentsch: 1 have not seen whatever was filed this afternoon and I did not complete the review of the petition that was filed, but it is in the nature of a protest petition. Under the State Statutes there is -a provision that where the designated percentage of frontage of property in the area of property sought to be rezoned is the subject of a petition protesting the rezoning, the City Council may not act except upon a two- thirds vote. - Assuming there were a full Council holding office, six Councilmen and the Mayor, that would mean it would require five votes to reclassify the property from one district to another district. PUBLIC HEARING ON THE PROPOSED MUNICIPAL Dave Jepson, Deputy Finance Officer: - Because we have been through a lot of this material previous to this, l will try to keep the comments brief and to the point. I would like to mention that the proposed 1983 budget was prepared, and we believe reflects the realitites of the economic'conditi'ons that we have experienced in 1982 and that we expect in 1983. There are three objectives that were identified and were impressed upon all of the staff and department heads in the preparation of the budget and we believe that we have obtained those objectives in putting the budget together. First of all one of the objectives was that it was to be a maintenance budget. There were to be no new programs or new service proposed unless there was a separate source of funding for those programs. One of our objectives was to maintain a modest capital improvement program. Maintaining the street resurfacing program, replacing certain equipment that needed replacing and certain other improve- ments that we thought were necessary under the circumstances and the third objective was to maintain a sound financial position and the fiscal responsibility that the city has shown in past years. As I mentioned we believe that the budget as proposed does accomplish these objectives. would like to mention the significance of a municipal budget, in addition to the fact that there is traditional uses of a budget for planning and control purposes. In a municipality in Illinois that has adopted what is commonly called a budget law there are some legal requirements that we must meet. The budget in effect becomes the authorization to expend funds in the budget year. So we do believe that the budget as proposed does represent the fiscal plan for the city for 1983. When the budget is adopted it will become a control mechanism in which expenditures will be evaluated by the budget and when it is adopted by the City Council it will become the authorization to expend funds for the services that are provided by the city. The 1983 proposed budget was presented to the City Council on November 9th and filed with the City Clerk, and it has been available to the public since that time. Since the time it was presented to the City Council there have been a number of work sessions that the 583 VOLUME XLVII Council has gone through reviewing the budget and that leads us up to the public hearing tonight when it is actually presented to the public and when the public has the opportunity to present imput as well as certainly Council members or anyone else. The next step is for the adoption of the budget and then the implementation during the calendar year 1983. We have prepared a handout of material which includes exhibits and some other summaries which we think are pertinent to the budget itself. The hand -out has been organized into three sections. The first section deals with the total budget, the second section deals with the general fund and the third section deals with the property taxes. The total City of Elgin budget for 1983 is $36,712,000, that represents a 106% increase over the 1982 budget as presented. We do not put a lot of emphasis on the total dollars of the budget and the reason for that is there are seven different groups of funds that are included in the budget and if you look on Page 3 there are 58 separate departmental and division budgets which are included in our total budget. Because of that fact we do not put a lot of emphasis on one individual budger, we do put our emphasis on the General Fund because it is through the General Fund in which most of the services that are provided for the citizens are provided for in the General Fund, Those services are police and fire protection, refuse pickup, street and sewer maintenance, parks and recreation programs and the general` administration of the city. In the General Fund the police and fire department account for approximately 62% of the total budget. When we include the streets and public works department that accounts for over 18% of the total budget. There have been some cost containment measures which have been carried out. The General Fund Work Force from 1982 to 1983 shows six less fulltime positions being budgeted in the General Fund in 1983 than there were in 1982 and between 1981 and 1983 there is a reduction of fourteen positions. These fourteen position reductions are all in the non - public safety or non - police and fire areas of the General Fund. We think that is significant and that is one of the areas where real emphasis has been put in putting the budget together to try to keep all costs contained as much as possible to reduce the effect on the property tax. Property taxes plan an important part in financing our municipal budget and the property tax process is a cumbersome process for not only city government but all taxing bodies. The 1982 property tax levy which was enacted in September of 1982, and which will finance the 1983 budget of the City of Elgin, was actually proposed in the 1982 budget in October of 1981. The levy was enacted in September of 1982, we will receive our first receipts in June of 1983 and this will be used to finance the balance of the year and in effect the first six months of 1984. So we would like to point out one of the problems in using property taxes as the major sources of revenue and that is also one of the reasons why we VOLUME XLVII 584 carry an unencumbered cash balance of approximately $1,300,000 in the General Fund to finance operations during the first.si:x months of the year until property taxes are actually received. The City of Elgin has been very fortunate that assessed valuations have increased in the amount that it has. From 1978 to 1982 we are expecting an increase from $300,000,000 to $461,000,000. At the same time the tax rate per $100.00 of assessed valuation has declined from $1.54 to $1.42.6. The toal tax dollars which have been levied has increased but the total increase between 1981 and 1982 amounts to approximately 5.5% and that is the levy that is being contemplated to finance the 1983 budget. We do think that the proposed 1983 budget does accomplish the objective of maintaining a sound financial position for the city and shows the responsibility that has been exercised in past years. Mayor Verbic: Is there anyone in the audience who would like to speak on this matter. If not, I would like to have a motion to close the public hearing. Councilman Gilliam made a motion, seconded by Councilman Kirkland to close the public hearing on the proposed 1983 budget. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. PUBLIC HEARING ON THE PROPOSED USE OF FEDERAL REVENUE SHARING FUNDS FOR 1983 Leo Nelson: All of the revenue sharing money is being proposed to be transferred to the capital improvement fund as it has in the years past for capital improvements. That has been your policy for a number of years. Mayor Verbic: If there is no one in the audience who would like to make any comment I would like to call for a motion to close the public hearing. Councilman Waters made a motion, seconded by Councilman Schmidt to close the public hearing. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. ORDINANCE PASSED RECLASSIFYIN X Councilman Waters made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. 585 VOLUME XLVII Ordinance No. G64 -82 AN ORDINANCE RECLASSIFYING PROPERTY AT 232 AND 280 NORTH McLEAN BOULEVARD AND 1421 LAWRENCE AVENUE FROM R-2, SINGLE FAMILY, AND R -3, TWO FAMILY RESIDENCE. DISTRICT TO 0 LIMITED OFFICE DISTRICT WHEREAS, written application has been made to reclassify certain property located at 232 and 280 North McLean Boulevard and 1421 Lawrence Avenue from R -2, Single Family Residence District and R-3, Two Family Residence District, to 0 Limited Office 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 the R -2, Single Family Residence District, and R -3, Two Family Residence District, and including in the 0 Limited Office District, the following described property: Lots 3 and 4 and the Northerly 37.5 feet of Lot 5 and the Easterly half of the vacated alley lying Westerly of and adjoining said Lots 3 and 4 and the Northerly 37.5 feet of Lot 5, all in Block 1 of the Columbia Park Addition to Elgin; also that part of Lot 18 in Block 1 of the Columbia Park Addi- tion to Elgin, described as follows: Commencing at the North- west corner of said Lot 18 thence East along the North line of said Lot, 88.5 feet for the point of beginning; thence South parallel with the West line of said Lot, 18 feet; thence East parallel with the North line of said Lot, 36.5 feet; thence South parallel with the West line of said Lot, 32 feet to a point on the South line of said Lot, 125 feet East of the South- west corner of said Lot; thence East along said South line and said South line extended, 19.03 feet to the center line of said vacated alley; thence North along said center line 50 feet to the North line extended East of said Lot 18; thence West along the extension of and the North line of said Lot, 56.18 feet to the point of beginning; also the West 1/2 of the said vacated alley, lying East of and adjoining Lot 19 in Block 1 of the Columbia Park Addition to Elgin, in the City of Elgin, Kane County, Illinois. AND ALSO, Lot 2 (except the West 36.2 feet thereof) in Block 1 of Columbia Park Addition to Elgin, in the City of Elgin, Kane County, Illinois. VOLUME XLVII AND ALSO, Lot 1 and the West 36.2 feet of Lot 2 and the East Half of the vacated alley lying West and adjoining Lots 1 and 2, all in Block 1 in Columbia Park 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 L. Verbic, Mayor Presented: December 8, 1982 Passed: December 8, 1982 Vote: Yeas 6 Nays 0 Recorded: Published Attest: , Q s/ Marie Year n Marie Yearman, City Clerk- ORDINANCE PASSED ESTABLISHING THE TIME OF REGULAR MEETINGS Mayor Verbic: This would re- establish the meetings after the first of the year to the second and fourth Monday of each month at 8:00 p.m. Councilman Gilliam: I will vote to support this and l do it hesitantly. One, because of conflicts on my job, but l feel for the present time with us being short one Council person and also the conflict with Councilman Kirkland being able to attend the meetings, I think it is important that we have a full Council. I may come back and ask that there be a change after the new election, because it does complicate my job and my meetings were set for Wednesday when I was elected and I may come back and request that.. So my vote will be just for the sake of the Council because we are short one member and the second member would not be able to make the meetings because of conflicts with his newly elected office. Councilman Schmidt: At the time I asked that this be put on the work session I did it primarily thinking that a Monday night would be much better. I had nothing in mind about Councilman Kirkland going down to Springfield. I just felt that a Wednesday evening disrupted most of our week nights right in the middle of the week 587 VOLUME XLVII e` and I felt that a Monday night would be much better whereby we would get our material Thursday or Friday and we would have the weekend to look it over and retain it better for Monday night. So _I am going to vote in favor of it. Councilman Kirkland: Is there some desire to have this go all year, Mayor Verb_ic: I think the Corporation Counsel stated at the work session that we could change this if we so desired during the year. Councilman Hansen: I prefer Monday nights permanently, but I am not an obstructionist I will try to work with -the group, - but I prefer Monday nights bascially for the same reasons that Councilman Schmidt does, why ruin the whole week. Councilman Schmidt: I would'say that if Councilman Gilliam would come back with a good valid reason I would not close my mind to it, Councilman Kirkland: This sort of came up because of what I consider to be the complications of my resigning in January and having to make an appointment sometime during the election process, so I don't mean to get in your schedule's way. Councilman Gilliam: I am willing to do it just so the Council is aware there could be a conflict and if I have to comeback they will support me or change the date, Councilman Schmidt made a motion, seconded by Councilman Hansen to pass the aforementioned ordinance, Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic, Nays, None. VOLUME XLVII Ordinance No. G66 -82 588 AN ORDINANCE ESTABLISHING THE TIME OF REGULAR MEETINGS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 2.08.040 of Chapter 2.08 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "2.08.040 Regular meetings Second and fourth Monday of each month at 8 :00 p.m." Section 2. That this ordinance shall be in full force and effect from and after January 1, 1983. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 8, 1982 Passed: December 8, 1982 Vote: 'Yeas 6 Nays 0 Recorded: Published: Attest: F L -ft-eC s/ Marie Yeak -*an Marie Yearman, City Clerk ORDINANCE PASSED ELECTING PARTICIPATION IN TRAINING PROGRAMS UNDER THE ILLINOIS FIRE PROTECTION TRAINING ACT Councilman Gilliam made a motion, seconded by Councilman Kirkland to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. &.90 Ordinance No. G65 -82 AN ORDINANCE ELECTING PAR'T'ICIPATION IN TRAINING PROGRAMS UNDER THE ILLINOIS FIRE PROTECTION TRAINING ACT VOLUME XLVII WHEREAS, the City of Elgin desires to elect to participate in the programs under the Illinois Fire Protection Training Act, Ill. Rev. Stat., 1981, Ch. 85, par. 531, et seq.; and WHEREAS, in order to be eligible for initial or continued participa- tion in reimbursement funding under the Act, a local government agency must require that before an individual may commence regular employment as a firefighter, he must have been certified by the Office of the State Fire Marshal as having successfully completed an approved training course; and WHEREAS, the City of Elgin intends to either establish its own school or to utilize some other school certified by the Office of the State Fire Marshal for the purpose of providing the training required under said Act to qualify for reimbursement funding. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City of Elgin hereby elects to participate in the training programs under the Illinois Fire Protection Training Act. Section 2. That before an individual may commence regular employment as a firefighter, he must have been certified by the Office of the Illinois State Fire Marshal as having successfully completed an approved training course. Section 3. That basic firefighter training must be completed by the trainee within his probationary period of 12 months. Section 4. That the Board of Fire and Police Commissioners is hereby instructed and directed to make the necessary amendments to the Rules of the Board of Fire and Police Commissioners in order to require that any person appointed to the Fire Department of the City of Elgin shall not become a regular member of the Fire Department unless and until he shall complete, pursuant to said Illinois Fire Protection and Training Act, an approved training course within 12 months of the date of his initial employ- ment. Section 5. 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. Verbiic, Mayor VOLUME XLVII Presented: December 8, 1982 Passed: December 8, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: s/ Marie Year an Marie Yearman, City Clerk RESOLUTION ADOPTED APPROVING: CHANGE ORDER NO. I IN THE CONTRACT:WITH E. M. MELAHN CONSTRUCTION FOR THE WIDENING OF McLEAN BOULEVARD Councilman Waters made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. - 590 591 VOLUME XLVII RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH E. M. MELAHN CONSTRUCTION FOR THE WIDENING OF MCLEAN BOULEVARD WHEREAS, the City of Elgin has heretofore entered into a contract with E. M. Melahn Construction for the widening of McLean Boulevard; 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: December 8, 1982 Adopted; December 8, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: V .A'A � s/ Marie Year n Marie Yearman, City Clerk SOLUTION ADOPTED Councilman Gilliam made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None, VOLUME XLVII RESOLUTION APPROVING CHANGE ORDER NO. 2 IN THE CONTRACT WITH WM. ZEIGLER $ SON, INC. FOR CONSTRUCTION OF THE RIVER INTAKE STRUCTURE WHEREAS, the City of Elgin has heretofore entered into a contract with Wm. Zeigler $ Son, Inc. for construction of the river intake struc- ture; 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 Ri ar L. Ver rc, Mayor Presented: December 8, 1982 Adopted: December 8, 1982 Vote: Yeas 6 Nays 0 Recorded: IUAttest: s/ Marie Yearn Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING AN AGR 592 Councilman Hansen made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. 593 VOLUME XLVIi RESOLUTION AUTHORIZING AN AGREII4ENT 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 CITYOF 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 F, Co., an Illinois corporation, for professional claims services. s/ Richard L. Verbic chard L. Ver ic, Mayor Presented: llecember 8, 1982 Adopted: December 8, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yeaan Marie Yearman, City Clerk RESOLUTION ADOPTED ESTABLISHING RATES FOR CHARTER BUS SERVICE Councilman Gilliam made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. f VOLUME XLVI9 594 RESOLUTION ESTABLISHING RATES FOR CHARTER BUS SERVICE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the following charter rates are hereby established for charter bus service, effective January 1, 1983. A. BASIC RATES 1. Local Charters - (within 15 miles of Elgin) School Bus - $28.50 /hr. Transit Bus - $25.00 /hr. 2. Non -Local - (15 miles beyond corporate limits of City of Elgin) Transit. Bus - $1.60 /per mile plus $14.00 /hr. waiting time Mileage rate for non -local charters shall be actual mileage. B. SPECIAL CHARGES 1. Minimum charge shall be $57.00 for school buses and $50.00 for transit buses after January 1, 1983. 2. All tolls and parking fees shall be billed to and paid for by the customer. 3. Hourly rate for local charters shall commence when the bus leaves the garage and end when the bus is returned to the bus garage. 4. Special arrangements shall be made for overnight and long- term charters. These arrangements shall include provisions for driver's meals and lodging as well as minimum salary for each day the bus is chartered. 5. A special charge of $20.00 will be billed for cleaning any bus which is left with an excessively dirty interior. 6. Charters shall be limited to operation within the State of Illinois. 7. A minimum charge of $25.00 shall be billed for any charter which is not cancelled within 24 hours of its scheduled time. s/ Richard L. Verbic Richard L. er 1c, Kayar 595 Presented: December 8, 1982 Adopted: December 8, 1982 Vote: Yeas 6 Nays 0 Recorded: QAttest: { s/ Marie Year n Marie Yearman, City Clerk VOLUME XLVII RESOLUTION ADOPTED AUTHORIZING A LEASE AGREEMENT WITH THE FOREST PRESERVE DISTRICT OF KANE COUNTY Councilman Schmidt made a motion, seconded by Councilman Waters to adopt the aforementioned resolution, Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbica Nays: None. VOLUME XLVII 596 RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH THE FOREST PRESERVE DISTRICT OF KANE COUNTY WHEREAS, it is necessary and desirable to lease certain property from the Forest Preserve District of Kane County upon certain terms and conditions. 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 lease with the Forest Preserve District of Kane County, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 8, 1982 Adopted: December 8, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: v� s/ Marie Yearmn Marie Yearman, City Clerk ORDINANCE PASSED DELETING PROHIBITION OF RIGHT TURNS ON RED SIGNALS FROM KIMBALL STREET TO NORTH GROVE AVENUE Councilman Schmidt made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. 597 VOLUME XLV11 Ordinance No. G67 -82 AN ORDINANCE DELETING PROHIBITION OF RIGHT TURNS ON RED SIGNALS FROM KIMBALL STREET TO NORTH GROVE AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Title 11, Chapter 11.20 of the Elgin Municipal Code, 1976, as amended, is hereby further amended by deleting from the list of designated places where right turns are prohibited against a steady red signal under Section 11.20.06OC(4) the following: N. Eastbound on Kimball Street turning south onto North Grove Avenue. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hreby 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 L. Verbic Richar;1 L. Verbic, Mayor Presented: December 8, 1982 Passed: December 8, 1982 Vote: Yeas 6 Nays O Recorded: Published: Attest: s/ Marie Year n Marie Yearman, City Clerk Councilman Hansen made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII .• LW4 -C Ordinance No. S6 -82 AN ORDINANCE OF THE CITY OF ELGIN, ILLINOIS AUTHORIZING THE ISSUANCE AND SALE OF $1,300,000 ECONOMIC DEVELOPMENT REVENUE BONDS (RICHARD L. AND JEAN G. BRESLICH PROJECT) SERIES 1982, AND AUTHORIZING AND APPROVING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST, MORTGAGE AND LOAN AGREEMENT AND BOND PURCHASE AGREEMENT, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City of Elgin, Kane and Cook Counties, Illinois (the "Issuer ") is a political subdivision and a home rule unit of local government of the State of Illinois; and WHEREAS, pursuant to the provisions of Article VII, Section 6(a) of the 1970 Illinois Constitution and Ordinance No. S2 -80 of the Issuer, adopted on February 13, 1980 (the "Enabling Ordinance "), the Issuer is authorized and empowered to issue its revenue bonds to finance the acquisition, pur- chase, construction, reconstruction, improvement, equipping, betterment or extension of any land, interest in land, building, structure, facility, system, fixture, improvement, addition, appurtenance, machinery, or equipment or any combination or portion thereof, and all real and personal property deemed necessary in connection therewith, for use by any person, provided that the existence of such project will create or retain employment opportunities in or near the municipality. WHEREAS, the Issuer has declared in the Enabling Ordinance its purpose and intent "to relieve conditions of unemployment and to encourage the economic development with- in and near the municipality, thereby reducing the evils attendant upon unemployment and to provide for the increased --welfare and prosperity of the residents of the municipality "; and WHEREAS', to accomplish the purposes of the Enabl- ing Ordinance and promote a public purpose, the Issuer has entered into negotiations with Richard J. and Jean G. Breslich (the "Breslichs ") to induce the Breslichs to commence with the acquisition, construction and installation of an approxi- mately 33,600 square foot shopping center to include a hardware store and other retail shops and the construction of various improvements within the boundaries of the Issuer (the "Project "), and on June 30, 1982 the Issuer adopted an inducement resolution (the "Inducement Resolution ") authoriz- ing a loan to the Breslichs to finance the Project and undertaking to issue its revenue bonds to finance such loan and the Project; and LW4 -C WHEREAS, the Breslichs have proceeded with the acquisition, construction and installation of the Project pursuant to the Inducement Resolution; and WHEREAS, the Issuer, in order to provide funds for the Project, will issue and sell its Economic Development Revenue Bonds (Richard L. and Jean G. Breslich Project), Ser- ies 1982, in the principal amount of $1,300,000 (the "Bonds ") pursuant to the Enabling Ordinance and this Ordinance 'author- izing the Bonds, and an Indenture of Trust (the "Indenture ") dated as of November 15, 1982, between the Issuer and Union National Bank and Trust Company of Elgin, as Trustee (the "Trustee "); WHEREAS, it is intended that the Bonds will also be secured by a Letter of Credit from the American National Bank and Trust Company of Chicago to the Trustee; NOW THEREFORE, BE IT ORDAINED By TEE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN, as follows: Section 1. Issuance of the Bonds. To accomplish the purposes of the Enabling Ordinance and to provide for the financing of the cost of the acquisition, construction and installation of the Project, the issuance of the Bonds by the Issuer in the principal amount of $1,300,000 is hereby authorized, subject to the provisions of this Ordi- nance and the Indenture hereinafter authorized. The Bonds shall bear interest at the rate of 70% per annum of the prime rate of the American National Bank and Trust Company of Chicago, shall be in the denominations of $5,000 or any whole multiple thereof, shall be dated, shall mature, shall be subject to redemption prior to matur- ity, shall have such provisions for registration, shall be payable in such places and in such manner and shall have such other details and provisions as are prescribed by the Indenture. The provisions for signatures, authentication, payment and prepayment shall be as set forth in the Inden- ture. Section 2.. Security for the Bonds. The Bonds shall be secured by the pledge made by the Indenture and shall be payable by the Issuer solely from and secured by a pledge of the loan payments, revenues and receipts derived from or in connection with the Project as set forth in the Indenture. The Bonds are limited obligations of the Issuer, payable solely as provided in the Indenture including from moneys deposited in the Bond Fund and the Project Fund (subject to disbursements therefrom in accordance with the Indenture) established under the Indenture. The Bonds and -2- P LW4 -C the interest thereon shall never constitute a debt or general " obligation or a pledge of the faith, the credit or the taxing power of the Issuer within the meaning of any consti- tutional or statutory provision of the State of Illinois. The Issuer shall not be liable on the Bonds, nor shall the Bonds be payable out of any funds of the Issuer other than those pledged therefor. Section 3. The Indenture. The execution and deliv- ery of the Indenture substantially in the form submitted to this Council is hereby authorized. The Mayor of the Issuer is hereby authorized to execute the Indenture in substantially the form submitted to this Council and the Clerk of the Issuer is ,hereby authorized to affix the seal of the Issuer on the Indenture and attest the same. The execution of the Indenture by said Mayor shall be conclusive evidence of such approval. Section 4. The Loan Agreement. The execution and delivery of a Mortgage and Loan Agreement (the "Loan Agree- ment") dated as of November 15, 1982 between the Issuer as lender and mortgagee, and the Breslichs, as borrowers and submitted to this Council, is hereby authorized. The Mayor of the Issuer is hereby authorized to execute the Loan Agreement in substantially the form submitted to this Council and the Clerk of the Issuer is hereby authorized to affix the seal of the Issuer on the Loan Agreement and attest the same. The execution of the Loan Agreement by said Mayor shall be conclusive evidence of such approval. section 5. Bond Purchase Agreement. The execution and delivery of a Bond Purchase Agreement (the "Bond Purchase Agreement ") to be dated the date of closing between the Issuer, the Breslichs, American National Bank and Trust Company of Chicago, and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as purchaser (the "Purchaser "), substan- tially in the form submitted to this Council is hereby authorized. The Mayor and the Clerk are hereby authorized to execute, acknowledge and deliver the Bond Purchase Agree- ment with such changes, insertions and omissions as may be approved by the Mayor and the Clerk of the Issuer. The exe- cution of the Bond Purchase Agreement by the Mayor and the Clerk shall be conclusive evidence of such approval. Section 6. Sale of the Bonds. The Bonds are hereby authorized to be sold to the Purchaser at the purchase price, and on the terms and conditions set forth in the Bond Purchase Agreement. Section 7. Execution of Bonds. The Bonds shall be executed in the manner provided in the Indenture and the same shall be delivered to the Trustee for proper authenti- cation and delivery to the Purchaser, upon instructions to that effect. -3- LW4 -C Section 8. Trustee. Union National Bank and Trust Company of Elgin is hereby designated Trustee for the Bonds under the Indenture. Section 9. Obligations of the Issuer. All cove- nants, stipulations, limited obligations and agreements of the Issuer in this Ordinance, the Indenture, the Loan Agree- ment and the Bond Purchase Agreement shall be binding upon the Issuer and its successors from time to time and upon any board or body to which any powers or duties affecting such covenants, stipulations, obligations and agreements shall be transferred by or in accordance with law. Except as other- wise provided in this Ordinance, all rights, powers and privileges conferred and duties and liabilities imposed upon the Issuer or the members thereof by the provisions of this Ordinance, the Indenture, the Loan Agreement or the Bond Purchase Agreement shall be exercised or performed by the Issuer or by such members, officers, board or body as may be required by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the Indenture, the Loan Agreement or the Bond Purchase Agreement shall be deemed to be a covenant, stipulation, obligation or agreement of any member, officer, agent or employee of the Issuer in his or her individual capacity. Neither the members of the Issuer nor any officer executing the Bond shall be liable personally on the Bonds or be subject to any personal liability or ac- countability by reason of the issuance thereof. Section 10 -. Election. The Issuer hereby is authorized to, and does, elect to have the provisions of Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, apply to the Bonds and the Mayor, Treasurer, or Clerk of the Issuer is hereby authorized and directed to file such election with the Internal Revenue Service for and on behalf of the Issuer. Section 11. Loan of Proceeds of the Bond. The Issuer is hereby authorized to finance the costs of the Project by loaning the net proceeds of the Bonds to the Breslichs pursuant to the Loan Agreement and the Indenture. The Breslichs are authorized to proceed with the acquisition, construction and installation of the Project as set forth in the Loan Agreement. Section 12. Authorized Representatives. The Mayor, Clerk and Treasurer of the Issuer are hereby designated the authorized representatives of the Issuer, and each of them is hereby authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do and cause to be done any and all acts and things necessary or proper for carrying out we VOLUME XLVII 602 LW4 -C this ordinance, the Indenture, the Loan Agreement, the Bond Purchase Agreement, and the issuance of the Bond. Section 13. Severability Clause. The provisions of this Ordinance are hereby declared to be severable and if any section, phrase or provision shall for any reason be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 14. Ordinances and Resolutions in Conflict Repealed. All ordinances and resolutions and parts Ehereof in conflict herewith are hereby repealed to the extent of such conflict. Section 15. Effective Date. This Ordinance shall be in full force, and effect from and after its passage and approval as provided by law. Presented: December 8, 1982 Passed: December 8, 1982 Vote: Yeas 6 Nays Recorded: Published: Attest: s/ Marie Yearm City Clerk -5- s/ Richard L. Verbic Mayor 603 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH THE RTA TABLED VOLUME XLVII Councilman Waters made a motion, seconded by Councilman Schmidt to table the aforementioned resolution until December 22, 1982. Yeas; Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Giertz - Melahn Asphalt $18,403.96 Resurfacing bus storage lot Auto Clutch & Parts $ 1,782.74 Stock for bus fleet Speer Financial $5,000.00 Services rendered re issuance of bonds for True Value Hardware. Board of Education $ 5,146.99 Rental of school facilities U -46 All Speciality $ 1,934.93 Bronze mediailions and paper - Advertising weights to commemorate opening of Water Treatment Plant. Donald Fortin $ 2,864.68 Residential rebate program Neighborhood Housing Services and Helen Koch, 408 N. Spring $ 2,626.76 NHS Revolving Loan Fund Program. Councilman Kirkland made a motion, seconded by Councilman Schmidt to approve the aforementioned payments. Yeas; Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. AUTHORIZATION OF PAYMENT TO FLORENCE A. ANDERSON, GERTRU EE ST. Councilman Gilliam made a motion, seconded by Councilman Hansen to approve the payment of $5,500.00 to Florence A. Anderson in accordance with the Residential Rehabilitation Grant Program. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. REPORTS RECEIVED AND ORDERED PLACED ON FILE Public Property and Recreation Board Minutes for Meeting of November 16, 1982. VOLUME XLV11 6o4 Councilman Kirkland made a motion, seconded by Councilman Schmidt to place the aforesaid report on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None, COGNIZE PERSONS PRESENT Mayor Verbic: We have two gentlemen in the back who are former Councilmen. I had the privilege of serving with them as did Councilman Gilliam. One of them is Tom Doxey and he is visiting us from Colorado and the other gentleman is Clayton Landis. Tom Doxey: It is good to be back and though some faces are familiar others are not. Thank you for the welcome Mr. Mayor, I appreciate that. Clayton Landis: It is good to be recognized and see the people that I know. Mayor Verbic: It really is a pleasure to see two gentlemen again who contributed time and effort for the benefit of the people of Elgin and hopefully we will see you again in the very near future and in the meantime may we extend to you our best wishes for the Holiday Season, not only to both of you but to your families, ANNOUNCEMENTS Mayor Verbic stated there would Enterprise Zones on December 16, Council Chambers of City Hall. be a public hearing on the 1982 at 3:00 p.m., in the On Wednesday, December 15, 1982, the Council will meet for budget review at 6 :00 p.m., in the Council Conference Room. On Wednesday, December 22, 1982, there will be a Committee of the Whole Meeting at 6 :30 p.m., and the next regularly scheduled Council meeting will be on December 22, 1982 at 8 :00 p.m, ADJOURNMENT Councilman Schmidt made a motion, seconded by Councilman Gilliam to adjourn to the Committee of the Whole Meeting, Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic,: Nays: None. The Council meeting was adjourned at 9.30 P.m, 9t: Marie Yearman� City Cler VOLUME XLVII December 22, 1982 605 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, 1982, 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 Mayor Verbic and the Pledge of Allegiance was led by Councilman Kirkland. ROLL CALL Roll call was answered by Councilmen Gilliam,Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Absent: None. MINUTES OF THE DECEMBER 8, 1982 COUNCIL MEETING APPROVED AS PUBLISHED Councilman Waters made a motion, seconded by Councilman Schmidt to approve the December 8, 1982 Council Minutes as published, Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic, Nays: None. BID AWARDED FOR REROOFING rls. HALL Councilman Gilliam made a motion, seconded by Councilman Hansen to award the bid for reroofing the City Hall to the low bidder, Olsson Roofing Company, for a total net bid of $41,910.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic, Nays: None. BID AWARDED FOR HEMMENS SPRINKLER SYSTEM Councilman Gilliam made a motion, seconded by Councilman Kirkland to award the bid for the Hemmens Sprinkler System to the low bidder, Dan -Car Sprinkler Company, for a total net bid of $16,098.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. BID AWARDED FOR HEMMENS STAGE CURTAINS Councilman Gilliam made a motion, seconded by Councilman Waters to award the bid for the Hemmens Stage Curtains to the sole bidder, Art Drapery Studios Corporation, for a total net bid of $15,539.00. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None, RESOLUTION ADOPTED OF MEMORIAL TO LUCILLE WISE NELSON Mayor Verbic read the foregoing Resolution. Councilman Kirkland made a motion, seconded by Councilman Waters to adopt the aforementioned resolution, Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None, 606 VOLUME XLVII RESOLUTION f. -. OF MEMORIAL TO LUCILLE WISE NELSON WHEREAS, Lucille Wise Nelson was a resident of the City of Elgin for over 40 years; and WHEREAS, Lucille Wise Nelson was a successful businesswoman in the City of Elgin; and WHEREAS, Lucille Wise Nelson was the first active woman member of the Elgin Chamber of Commerce and on two occasions served as Chairwoman of the Retail Group of the Elgin Chamber of Commerce; and WHEREAS, Lucille Wise Nelson was,president of the Elgin Women's Club; and WHEREAS,- Lucille Wise Nelson served as a member of the Citizen Advisory Committee with the Civic Center Urban Renewal Project; and WHEREAS, Lucille Wise Nelson has rendered public service as a member of the Elgin Housing Authority from December 12, 1974 until November 9, 1977; and WHEREAS, Lucille Wise Nelson was appointed to the City Council of the City of Elgin on November 9, 1977 and was elected a member of the City Council of the City of Elgin on May 1, 1979; and WHEREAS, Lucille Wise Nelson served on the Advisory.Board:of Sherman - Hospital and was an active member of the First United Methodist Church of Elgin; and WHEREAS, prior to her death on December 19, 1982 Lucille Wise Nelson was a community leader who gave long and dedicated service to the community and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF ELGIN, ILLINOIS, that Lucille Wise Nelson be and'is hereby memorialized for her generous and dedicated service to the community and its residents prior to her death. BE IT FURTHER RESOLVED that the City Council of the City of Elgin, Illinois, on behalf of itself, its officers and employees and the residents of the City of Elgin hereby extend condolences and sympathy to the family of Lucille Wise Nelson. s/ Richard L. Verr'b. c Richard L. .er ic, Mayor VOLUME XLViI 607 Presented: December 22, 1982 Adopted: December 22, 1982 Vote: Yeas 6 Nays 0 At est: s/ Mar��eYealrman � Marie Yearman, City C er Jerry Deering, Senior Planner, Petition 27 -82 concerns two lots located at the northwest corner of Dundee Avenue and Glenwood Avenue, The petition actually has two requests, first rezoning from B -1 to B -3 for both lots and another request for special use for an open sales lot. Both the Community Development Department and the Land Use Committee recommended the approval of this petition, subject to the conditions outlined in your material. There is one condition which addresses an access limitation for the most southerly lot and seven special use conditions for the.open sales lot at 1384 Dundee Avenue. Councilman Waters: The conditions that are stated here as part of the recommendation, that is in conjunction with the special use permit and not with the rezoning itself, is that correct. Jerry Deering: There are seven conditions that address the special use. There are conditional recommended conditions recommending that access be limited on the southerly lot so there would be no approach to Dundee Avenue and access to that southerly lot be only from Glenwood Avenue. Mayor Verbic: If this business well and if someone else wanted say if the zoning was B -3, what zoning in effect. decided that they were not doing to use this for another purpose, would be the approach with that Jerry Deering; First of all if the property is zoned B -3 it can be used at any time for any of the approximately 175 permitted B -3 uses, If the special use is granted for the open sales lot, on the northerly lot, that special use is granted to the property not to the petitioner. He can sell his business to another party, but that special use would continue to be subject to the seven conditions, if they become part of the ordinance. Mayor Verbic: In other words they would have to come back to the Land Use Committee and through the Council in order to use this property for something else other than the open car sales. .I: VOLUME XLVII Jerry Deering: They could abandon the open car sales lot and use that property for any of the B -3 permitted uses. Mayor Verbic: Without coming back to the Land Use Committee, Jerry Deering: Correct. Councilman Waters: With the special use permit B -3 zoning is still required for this project. Jerry Deering: Open sales lots are not permitted in a B -1 district, either as a "special use or as a permitted use. Open Sales lots are a special use in a B -3 district, they are a permitted use in the B -4 district, One of the things that we looked at when we reviewed the petition was that the property to the north to the east and southeast are already zoned B -3 and we did not see any particular benefit to single these two lots out for the B -1 district when all the property surrounding it are already zoned B -3. Councilman Schmidt: One thing that I am a little concerned about is the petition states there will be only four automobiles on the lot and as was,said at the hearing just the word wholesale that scares me when it comes to automobile wholesale because I picture them as not antiques, not new, but just old cars. Frank,Mirandi: I have been in this town with Jim Whalen Ford from 1975 to 1980 and if I may the interpretation of wholesale is not wholesale junks or 1972 or 1973. To wholesale means that I have the ability to get veh,ic'les from major fleets 1981 and 1982, two or three year models and just dispose of them without them even coming on the property. In the automobile industry you have to have a place of operation but it does not mean the vehicles have to be on the premises. r Carolyn Currie; "363 Franklin: Any job that brings employment to the community is worth looking into because what this community needs is employment. There is enough people out walking the streets, we need employment. Councilman Kirkland made a motion, seconded by Councilman Hansen to approve Petition 2782, subject to the eight conditions outlined by staff. Yeas: Councilmen Hansen, Kirkland, Schmidt, Waters and Mayor Verbic, Nays: Councilman Gilliam,. ORDINANCE PASSED REDUCING THE 1982 TAX LEVY ORDINANCE Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. i <: _. VOLUME XLVI9 Ordinance No. T18 -82 AN ORDINANCE REDUCING THE 1982 TAX LEVY ORDINANCE M. WHEREAS, on September 8, 1982 the City Council of the City of Elgin passed an Ordinance No. T4 -82 entitled "Ordinance for the Levy and Assess- ment of Taxes for the Fiscal Year Beginning January 1, 1982 and Ending December 31, 1982 of the City of Elgin, Kane and Cook Counties, Illinois (Tax Levy Ordinance); and WHEREAS, said tax levy ordinance levied upon all taxable property within the corporate limits of the City of Elgin, subject to taxation for the year 1982, the total sum of $6,813;631.00 for all purposes of the�City of Elgin; and WHEREAS, said tax levy ordinance included a levy of $4,618,995.00 for general corporate purposes; and WHEREAS, said levy for general corporate purposes includes $4,572,805,00 as the amount to be raised by taxation for general corporate purposes plus an additional $46,190.00 to cover loss of collection; and WHEREAS, a portion of the levy of the tax for general corporate purposes as provided in said tax levy ordinance is unnecessary; and WHEREAS, the amount necessary to be raised by taxation for general corporate purposes is $40531,760.00 plus an additional $45,775.00 to cover loss of collection. 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 a portion of the tax of $4,618,995.00 for general corporate purposes for the year 1982 as provided and levied in the tax levy ordinance T4 -82 providing for the general levy upon all taxable property within the corporate limits of the City of Elgin, subject to taxa- tion for the year 1982, passed September 8, 1982, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $41,460.00 and extending a tax for general corporate purposes for the year 1982 in the amount of $4,S77,535.00 against all property within the corporate limits of the City of Elgin, Kane and Cook Counties, and subject to taxation for the year 1982. Section 2. That Section 1 of the tax levy ordinance T4 -82 passed September 8, 1982 is hereby amended to read as follows: "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 1982, the total sum of $6,772,171.00 for all purposes of the City of Elgin, mentioned in said budget as appropriated for the current 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 Taxation" which appears over the same, 610 VOLUME XLVII 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 afore- said and being summarized as follows:" Section 3. 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, 1982. 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 Le Verbic, Nfayor Presented: December 22, 1982 Passed: December 22, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: ,Attest: %A , s/ Marie Ye man rie Yearman, City Clerk ORDINANCE PASSED AMENDING THE 1982 BUDGET ORDINANCE Councilman Gilliam made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: Norge. VOLUME XLVII Ordinance No. T9 -82 AN ORDINANCE AMENDING THE 1982 BUDGET ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 611 Section 1. That the 1982 budget of the City of Elgin adopted in lieu of an appropriation ordinance be and is hereby amended in accordance with the following schedule: Schedule 1 Page 1 of 4 CITY OF ELGIN 1962 BUDGET AMENDMENT PUBLIC. BENEFIT Revenues: 401 Property Tax - Current Levy Approved Amended Increase 225,000 Budget Budget (Decrease) GENERAL FUND ( 110,520) ( 110,520) Revenues: 43,000 6592 Pension Transfer - Police $ 751,800 $ 83.0,000 $ 78,200 6593 Pension Transfer - Fire 818,400 786,100 ( 32,300) 4641 Property Tax Replacement $1,570,200 $1,616,100 $ 45,900 Expenditures: ($277,650) Expenditures: 050 - Police Department 14,500 -0- 7052 Pension Contributions - Police $ 751,800 $ 830,000 $ 78,200 060 - Fire Department ($165.,248) 9021 Interest Payment - $ 7053 Pension Contributions - Fire 818,400 786,100 ( 32,300) Expenditures: $1,570,200 $1,616,100 $ 45,900 PUBLIC. BENEFIT Revenues: 401 Property Tax - Current Levy $ 225,000 $ 225,000 $ -0- 4011 Current Tax Levy Adjustment - ( 110,520) ( 110,520) 672 Investment Income 43,000 43,000 -0- 6803 Contribution From Fund Balance 266,050 118,920 ( 167,130) 4641 Property Tax Replacement $ 554,050 $ 276,400 ($277,650) Expenditures: 14,500 14,500 -0- 9011 Principal Payment - $ 350,153 $ 184,905 ($165.,248) 9021 Interest Payment - $ 203.,897 $ 91,495 ( 112,402) Expenditures: $. 554,050 $ 276,400 ($277,650) SPRING ST. PARKING DISTRICT Unemcumbered Cash Balance $ 110,410 $ 110,410 $ -0- Revenues: 401 Property Tax - Current Levy 150,000 150,000 -0- 406 Property Tax - Prior Year Levy 150,000 -0- ( 150,000) 4641 Property Tax Replacement 17,000 17,000 -. -0- 672 Investment Income 14,500 14,500 -0- $ 331,500 $ 181,500 ($150,000) $ 441,910 $ 291,910 ($150,000) Expenditures: 9122 Transfer To Parking $ 217,625 $ 217,625 $ -0- 9559 Provision For Debt Service 224,285 74,.285 ( 150,000) _ $ 441,910 $ 291,910 ($150,000) Schedule 1 Page 2 of 4 CITY OF ELGIN 1982 BUDGET AMENDMENT Expenditures: 904 Principal Payment $ Approved Amended Increase - 905 Interest Payment Budget Budget (Decrease) RIVERBLUFF ST. LIGHTING DISTRICT 9559 Provision For Debt Service 200 2,170 Revenues: ( 2,140) 21,410 $ 401 Property Tax - Current Levy $ 2,140 $ 2,140 $ -0- 4011 Current. Tax Levy Adjustment -0- 7,980 7,980 406 Property Tax - Prior Year Levy 10,120 -0- ( 10,120) 6803 Contribution From Fund Balance $ 12,260 $ 10,120 ($ 2,140) Expenditures: 904 Principal Payment $ 9,300 $ 9,300$-0 $ -0- - 905 Interest Payment 691,310 790 790 946 -0- 9559 Provision For Debt Service 200 2,170 30 ( 2,140) 21,410 $ 12,260 $ 10,120 ($ 2,140) ($ 13,390) 672 Investment Income ILLINOIS MUNICIPAL RETIREMENT FUND 40,000 -0- 6801 Contribution From Mall S/A 133,800 139,300 Revenues: 6803 Contribution From Fund Balance 90,100 215,445 125,345 401 Property Tax - Current Levy $ 481,625 $ 481,625 $ -0- 4011 Current Tax Levy Adjustment -0- ( 13,390) ( 13,390) 4641 Property Tax Replacement 45,400 45,400 -0- 672 Investment Income 35,000 35,000 -0- 691 Employee Withholdings 691,310 691,310 -0- $1,253,335 $1,239,945 ($ 13,390) Expenditures: 918 Pension_ Transfer $ 527,025 $ 527,025 $ -0- 945 Pension Contribution - Employee 691,310 691,310 -0- 946 Pension Contribution - City 200 200 -0- 949 Provision For Future Pensions 34,600 21,410 ( 13,390) 6623 Transfer From Golf Operation $1,253,335 $1,239,945 ($ 13,390) CORPORATE BOND FUND Revenues: 401 Property Tax - Current Levy $ 399,090 $ 399,090 $ -0- 4011 Current Tax Levy Adjustment -0- 92,955 92,955 4641 Property Tax Replacement 46,050 48,050 -0- 4642 Replacement Tax Adjustment ( 7,750) -0- 7,750 6623 Transfer From Golf Operation -0- -0- -0- 672 Investment Income 40,000 40,000 -0- 6801 Contribution From Mall S/A 133,800 139,300 5,500 6803 Contribution From Fund Balance 90,100 215,445 125,345 $. 703,290 $ 934,640 $231,550 CORPORATE BOND FUND (Contd.) Expenditures: 9012 Principal 9013 Principal 9014 Principal 9015 Principal 9016 Principal 9017 Principal 9019 Principal. 9022 Interest 9023 Interest 9024 Interest 9025 Interest 9026 Interest 9027 Interest 9029 Interest CITY OF ELGIN 1982 BUDGET AMENDMENT Urban Rehab. Mun. Building Street Improv. Golf Course 1975 G.O. Issue 1976 G.O. Issue 1978 G.O. Issue Urban Rehab. Mun. Building Street Improv. Golf Course 1975 G.O. Issue 1976 G.O. Issue 1978 G.O. Issue CEMETERY OPERATING FUND Revenues: 625 Grave Boxes 6251 Cost of Grave Boxes Expenditures: 779 Merchandise For Resale GOLF OPERATING FUND Revenues: 627 Food & Concessions For Resale 6271 Cost of Concessions 630 Merchandise For Resale 6301 Cost of Merchandise Expenditures: 773 Food & Concessions For Resale 779 Merchandise For Resale Approved Amended Budget Budget $ -0- $ 100,000 -0- 100,000 125,000 125,000 50,000 50,000 100,000 100,000 150,000 150,000 125,000 125,000 -0- 3,100 -0- 3,100 24,640 29,640 5,100 7,100 33,800 39,300. 53,375 59,975 36,375 42,625 $ 703,290. $. 934,640. Schedule 1 Page 3 of 4 Increase (Decrease) $100,000 100,000 -0- -0- -0- -0- -0 -: 3,100 3,100 5,000 2,000 5,500 6,600 6,250 $23,1,550 $ 7,545 $ 7,545 $ -0- -0- ( 5,175) ( 5,175) $ 7,545 $ 2,370 ($ 5,175) $ 5,175 $ -0 ($ 5,175) $ 5,175 $ -0- ($ 5,175) $ 56,750 $ 56,750 $ -0- -0- (. 21,600) ( 21,600). 28,500 28,500 -0- -0- (__19,300) ( 19,300) $ 85,250 $.. 44,350 (.$. 40,900). $ 21,600 19,300 $ 40,900 $ -D- -0- S -0- $ 21,600) ( 19,300) ($ 40,900) Schedule 1 Page 4 of 4 CITY OF ELGIN 1982 BUDGET AMENDMENT Expenditures: 800 Approved Amended Increase $ -0- Budget Budget (Decrease) POLICE PENSION FUND -0- 825 Postage, U.P.S., Etc. Revenues: 110 -0- 860 401 Property Tax - Current Levy $ 698,900 $ 500,000 ($198,900) 4011 Current Tax Levy Adjustment -0- 277,100 277,100 4641 Property Tax Replacement 52,900 52,900 -0- 672 Investment Income 625,000 625,000 -0- 673 Interest Income 200 200 -0- 691 Employee Withholdings - 216,000 216,000 -0- 949 $1,.593,000 $1,671,200 $ 78,200 Expenditures: 800 Professional Services $ 825 $ 825 $ -0- 820 Office Services 600 600 -0- 825 Postage, U.P.S., Etc. 110 110 -0- 860 Rentals 15 15 -0- 918 Pension Transfer 751,800 830,000 78,200 941 Pension Payments - Pensioner 230,000 230,000 -0- 941 Pension Payments - Widow 55,00D 55,000 -0- 944 Pension Contribution Refund 20,OOD 20,000 -0- 949 Provision For Future Pensions 534,650 534,650 -0- $1,593,000 $1,671,200 $78,200 FIRE PENSION FUND Revenues: Professional Services $ 675 $ 675 401 Property Tax - Current Levy $ 754,.900 $ 654,900 ($100,000) 4.011 Current Tax Levy Adjustment -0- 67,700 67,.700 4641 Property Tax Replacement 63,500 63,500 -0- 672 Investment Income 670,000 670,000 -0- 673 Interest Income 200 200 -0- 691 Employee Withholdings 157,000 157,000 -0- 10,000 $1,645,600 $1,.613,300 ($ 32,300) Expenditures: 800 Professional Services $ 675 $ 675 $ -0- 825 Postage, U.P.S., Etc. 125 125 -0- 918 Pension Transfer 818,4DO 786,100 ( 32,300) 941 Pension Payments - Pensioner 300,000 300,000 -0- 942 Pension Payments - Widow 56,000 56,000 -0- 943 Pension Payments - Children 10,000 10,000 -0- 944 Pension Contribution Refund 10,000 10,000 -0- 945 Provision For Future Pensions 450,400 450,400 -0- $1,645,600 $1,613,300 ($ 32,300) Schedule 2 Page 1 of 2 CITY OF ELGIN SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1982 SPECIAL REVENUE 200 Public Benefits Fund Approved Amended ($277,650) - Road and Bridge Fund 1982 1982 Increase Fund and Department Budget Budget (Decrease) GENERAL FUND 230 Community Development Grant 1,243,240 011 Mayor and City Council $ 31,810 $ 31,810 $ - 012 Office of the City Manager 122,695 122,695 - 013 Purchasing and Research 84,335 84,335 - 014 Personnel and Admin. Services 115,210 115,210 - 015 Legal Department 116,150 116,150 - 016 Work Management Analyses 28,295 28,295 - 017 Public Information. -0- -0- - 016 Human Relations Commission 33,545 33,545 - 019 Boards and ComTrissions 58,000 58,000 - 020 Finance Department 665,970 665,970 - 030 Department of Buildings 301,670 301,670 - 040 Community Development Dept. 616,420 616,420 - 050 Police Department. 5,006,045 5,084,245 76,200 059 Civil Devense Division 2,180 2,180 - 060 Fire Department 3,563,735 3,531,435 ( 32,300) 071 Public Works Administration 94,895 94,895 - 072 Engineering Division 419,645 419,645 - 074 Electrical Division 441,065 441,085 - 075 Sanitation Division 690,440 690,440 - 076 Streets Division 1,459,445 1,459,445 - 077 Sewers Division 275,080 275,080 - 079 Construction Division 1,555 1,555 - 081 Parks and Recreation - Admin. 67,360 67,360 - 062 Recreation Division 423,945 423,945 - 067 Mall Coordinator 45,090 45,090 - 088 Parks Maintenance 591,635 591,635 - 08.9 Hemmens.- Auditorium 196,655 196.,.655 - 190 Non - Departmental Expenses 1,390,340 1,390,340 - TOTAL:- GENERAL FUND. $.16,843,230 $16,889,130 $ 45,.900 SPECIAL REVENUE 200 Public Benefits Fund $ 554,050 $ 276,400 ($277,650) 210 Road and Bridge Fund 150,000 150,000 - 220 C.E.T.A. Fund -0- -0- - 230 Community Development Grant 1,243,240 1,243,240 - 240 Spring St. Parking District 441,910 291,910 ( 150,000) 245 Riverbluff Street Lighting 12,260 10,120 ( 2,140) 270 Federal Revenue Sharing Fund 940,520 940,520 - 280 I.M.R.F. Fund 1,.253,335 1,239,945 (. 13,.390) 290 Motor Fuel Tax Fund 972,300 972,300 - 350 Downtown Redevelopment Fund 172,850 172,850 - TOTAL - SPECIAL REVENUE $ 5,740,465 $ 5,297,285 ($443,180) CITY OF ELGIN SUMMARY OF BUDGET AMENDMENTS FOR THE YEAR 1962 Fund and Department DEBT SERVICE 300 Corporate Bond Fund TOTAL - DEBT SERVICE CAPITAL IMPROVEMENTS 330 Spring St. Parking Construction 340 Park Development Fund 360 Street Improvement Fund 375 Capital Improv. - Otter Creek 376 Capital Improv. - Otter Creek 377 Capital Improv. - Old Main 378 Capital Improv. - Tyler Creek 390 Water Bonds - Project Fund. MUNICI 400 410 450 455 490 500 540 543 570 575 TOTAL - CAPITAL IMPROVEMENTS PAL ENTERPRISE Water Operating Fund Water Improvement Fund Parking Operating Fund Spring St. Parking Operating Parking Construction Fund Cemetery Operating Fund Golf Operating Fund Golf Improvement Fund Transportation Operating Fund School Bus Charter Fund TOTAL - MUNICIPAL ENTERPRISE TRUST & AGENCY 600 Police Pension Fund 610 Fire Pension Fund TOTAL - TRUST & AGENCY INTERGOVERNMENTAL SERVICE Approved 1982 Budget $ 703,290 $ 703,290 $ 343,145 94,000 -0- 88,500 70,000 26,000 411,040 3,047,330 $ 4,080,015 $ 5,293,300 358,300 285,005 301,465 666,020 205,690 355,720 34,090 1,708,260 -0- $ 9,207,850 $ 1,593,000 1,645,600 $ 3,238,600 630 Risk Management Fund $ 477,380 700 Municipal Garage Fund - Ann St. 403,080 705 Municipal Garage - Crystal St. 345,100 TOTAL - INTERGOVERNMENTAL SERVICE $ 1,225,560 TOTAL - GROSS EXPENDITURES LESS INTERFUND TRANSFERS NET EXPENDITURES Amended 1982 Budget $ 934,840 $ 934,640 $ 343,145 94,000 -0- 88,500 70,000 26,000 411,040 3,047,330 $ 4,080,015 $ "5,293,300 358,300 285,005 301,465 666,020 200,515 314,820 34,090 1,708,260 -0- $ 9,161,775 $ 1,671,200 1,613,300 $ 3,284,500 $ 477,380 403,080 345,100 $ 1,225,560 $41,039,010 $40,873,105 ( 4,701,260) ( 4,747,160) $36,337,750 $36,125,945 Schedule 2 Page 2 of 2 Increase (Decrease) $231,550 $231,550 ( 5,175) ( 40,900) ($ 46,075) $ 76,200 ( 32,300) $ 45,900 ($165,905) ( 45,900) ($211,805) VOLUME XLVII Section 2. That this ordinance shall be in full force and effect from and after its passage. s/ Richard L. Verbic Richard L. Ver ic, Mayor Presented December 22,1982 Passed December 22, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: Attest: VA s/ Marie Ye rman Marie Yearman, City Clerk ORDINANCE PASSED ABATING THE ANNUAL TAX FOR 7787 FOR GENERAL OBLIGATION WATER BONDS, SERIES 1980 Councilman Kirkland made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic, Nays: None. VOLUME XLVII Ordinance No. T10 -82 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1982 FOR GENERAL OBLIGATION WATER BONDS, SERIES 1980 M. 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 1982 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 $1,589,500 for the year 1982 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, 1982.. 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 c ar L. er ic, yor Presented: December 22, 1982 Passed: December 22, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: est: s Mara an Marie Yearman, City Cier ORDINANCE PASSED ABATING THE ANNUAL TAX FOR 19 FOR GENERAL OBLIGATION PARKING BONDS, SERIES A Councilman Waters made a motion, seconded by Councilman Gilliam to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. 620 VOLUME XLVII Ordinance No. Tll -82 4 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1982 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 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 1982 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 $317,625 for the year 1982 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 l certified copy of this ordinance with the County Clerks of Kane and Cook Counties, Illinois, prior to December 31, 1982. 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 La Verbic Richard L. Ver ic, Mayor Presented: December 22, 1982 Passed: December 22, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: Mcl t: ar eYea`dman Marie Yearman, City Clerk ORDINANCE PASSED ABATING THE ANNUAL TAX FOR 19b2 FOR RECREATION CENTER BONDS Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance.. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic, Nays: None, `:__. VOLUME XLVi9 621 Ordinance No. T12 -82 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1982 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 $550,000.00 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 oin"a Direct Annual Tax for the Payment of the Principal and Interest of Site 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 $55,100 for the year 1982 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, 1982. 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 Presented: December 22, 1982 Passed: December 22, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: A, test: S c a t ria Year an Marie Yearman, City Clerk Councilman Waters made a motion, seconded by Councilman Kirkland to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. 622 Ordinance No. T13 -82 AN ORDINANCE ABATING THE ANNUAL TAX FOR 1982 FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 1975 VOLUME XLV01 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 1982 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 $133,800 for the year 1982 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 Z. 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, 1982. 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 RiERard L. 7erbic, ayor Presented: December 22, 1982 Passed: December 22, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: tt St. FA.3c...L.SL�`-� s/ ar ee Year n rie Barman, City Clerk Councilman Gilliam made a motion, seconded by Councilman Kirkland to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen,:- iKirkland, Schmidt, Waters and Mayor Verbic. Nays: None. i VOLUME XLVII Ordinance No. T14 -82 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 1982 FOR STREET IMPROVHNENT BONDS 623 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance T -1277, An Ordinance Providing for Borrowing Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois, in the Amount of $2,000,000.00 for the Purpose of Paying the Cost of Constructing Improvements Upon Certain of the Streets and Inter- sections Within said City, Including Widening, Repairing and Resurfacing, 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 1982 provided in the.:ordinance 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 a portion of the tax of $149,640 for the year 1982 as provided and levied in the ordinance providing for the issuance of $2,000,000 Street Improvement Bonds, passed December 13, 1967, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $75,000 and extending a tax for the year 1982 in the amount of $74,640 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, 1982. 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. Verblc RiEFard L. Ver ac, yor Presented: December 22, 1982 Passed: December 22, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: At estc ; cam' ��J s Marie Yea�ian Marie Yearman, City Clerk ORDINANCE PASSED ABATING A PORTION OF T Councilman Waters made a motion:, seconded by Councilman Gilliam to pass the aforementioned ordinance, Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verblc. Nays: None, 624 VOLUME XLVII Ordinance No. T15 -82 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 1982 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 1982 provided in the ordinance 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 a portion of the tax of $321,850 for the year 1982 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 $118,475 and extending a tax for.the year 1982 in the amount of $203,375 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, -1982. 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 ic, Mayor Presented: December 22, 1982 Passed December 22, 1982 .Vote: Yeas 6 Nays 0 Recorded: Published: At st: f (J s/ Marae Yea an rie Yearman, City Clerk ORDINANCE PASSED ABATING A PORTION OF THE AN Councilman Kirkland made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic; Nays: None. VOLUME XLVII Ordinance No. T16 -82 AN ORDINANCE ABATING A PORTION OF THE ANNUAL TAX FOR 1982 FOR GENERAL OBLIGATION CORPORATE SERIES BONDS, SERIES 1982 WHEREAS, the City of Elgin will have sufficient funds on hand to pay a portion of the tax levied by Ordinance TS -82, An Ordinance Providing for Borrowing Money and Issuing Bonds of the City of Elgin, Kane and Cook Counties, Illinois, to the amount of $2,950,000 for Paying the Cost of Con- structing Public Improvements 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 total of the levy of the tax for the year 1982 provided in the ordinance 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 a portion of the tax of $408,885 for the year 1982 as provided and levied in the ordinance providing for the issuance of $2,950,000 General Obligation Corporate Series Bonds, Series 1982, passed August 12, 1982, a copy of which was filed with each of said county clerks; said tax shall be abated by reducing said sum $145,700 and extending a tax for the year 1982 in the amount of $263,185 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, 1982. 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 Presented: December 22, 1982 Passed: December 22, 1982 Vote: Yeas 6 Nays 0 Recorded: Published: tt st: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED ADOPTING THE 625 Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. 626 VOLUME XLVII Ordinance No. T17 -82 AN ORDINANCE ADOPTING THE 1983 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 appropriation ordinance for the fiscal year 1983; and WHEREAS, a tenative annual budget has been prepared, notice given and a tenative 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 tenative 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 l.. That the tenative 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 1983 with the following amendments: 010 - GENERAL FUND Means of Financing: 4019 Property Tax - current Levy Expenditures: 018 Human Relations Commission Proposed Amended Increase Budget Budget (Decrease) $4,582.,805 $4,.531,760 $.( 41,0.45) 830 Transportaton, Con- ferences $ 3,120 $ 1,520 $( 1,600) 019 Boards. and Commissions 9532 Economic. Development Commission. 12,.000 2.1,000 9,000 9535 Central Elgin Corp.., 16,500 7,.500 ( 91000) 040 Community Development Dept.. 700 Salaries and Wages 282,050 253,730- ( 28,32.0) 7051 Pension Contributions - IMRF 35,455 32,145 ( 3,310) 707 Insurance Charges 24,320 22,055 ( 2,265) 820 Office Services 10,400 7,850 ( 2,550) VOLUME XLVII 627 Proposed Amended Increase Budget Budget (Decrease) 061 Fire Department - Bureau of Inspection Services 870 Miscellaneous Services $ 23,085 $ 20,085 $( 3,000) 385 - CAPITAL IMPROVEMENTS FUND Revenues: 696 Sale of Bonds Expenditures: 960 Capital Replacements 970 Capital Additions $ 406,930 $ 365,885 $( 41,045.) $2,330,000 $1,340,000 $( 990,000.) $ 245,590 $. 345,590 $ 100,000 1,221,000 131,000 (1,090,000) $1,466,590 $ 476,590 $( 990,000) Section 2. That the budget director is hereby authorized and directed to cause to be prepared and published. the 1983 annual budget with the afore- mentioned amendments. Section 3.. That this ordinance shall be in full force and effect from and after January 1, 1983. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 22, 1982 Passed: December 22, 1982 Vote: Yeas 6 Nays. D Recorded: Published: Attest: S/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A Councilman Gilliam made a motion, seconded by Councilman Kirkland to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, `_. Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. ME RESOLUTION AUTHORIZING A LEASE AGREEMENT WITH JOHN DUCHAJ VOLUME XLVII 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 with John Duchaj for a service station, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 22, 1982 Adopted: December 22, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: r / P, Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED ESTABLISHING RATES FOR WATER SERVICE Carolyn Currie, 363 Franklin: I have raised my hand about seven times and the vote seems to keep going on without any discussion and a lot: of this stuff I don't go along with. I am a resident, I live here and going down the list everything is marked approved. What about the citizens of Elgin do they approve this. This is a small committee and every time something is put up before you it's going approved, approved. Mayor Verbic: I did explain that this is the last meeting of the year and many of these things are mandated by State and City law and must be passed tonight. Councilman Waters: May I suggest the issue before us is an ordinance establishing the rates for water service. There is a place on the agenda where individuals who wish to be recognized by the Council may be recognized by the Mayor. If our discussion is relevant to the establishment of rates for water services I think discussion is relevant, if it is not then I think it should come under the opportunity for recognition of persons wishing to address the Council. Mrs. Currie: Fine I will be back. Mayor Verbic: If there is no other discussion on water service rates lets have a call for the vote. Yeas: Councilmen Gilliam, Kirkland, Waters and Mayor Verbic. Nays: Councilmen Hansen and Schmidt. VOLUME XLVII 629 Ordinance No. G71 -82 AN ORDINANCE ESTABLISHING RATES FOR WATER SERVICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 14.04.180A of Chapter 14.04 of the Elgin Municipal Code, 1976, as amended, is hereby amended to read as follows: "14.04.180 Water rates - Consumers within city. A. The following rates are established and shall be collected for all water furnished by the city to any consumer -in the city for purposes other than fire protection. 1. A monthly availability charge shall be collectable and computed based upon the size of the meter in accordance with the following, notwithstanding the foregoing availability charge for a single family residence with a meter size not exceeding 3/4 inches shall not exceed $3.00 per month. a. 5/8 inch, $3.00 per month b. 3/4 inch, $10.00 per month c. for each additional 1/4 inch, $10.00 per month 2. For each 100 cubic feet or fraction thereof of water supplied a charge of $.87 shall be made." 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 January 1, 1983. s/ Richard, L. Verbic Richard L. er ic, yor Presented: December 22, 1982 Passed: December 22, 1982 Vote: Yeas 4 Nays 2 Recorded: Published: st:, a s/ Marie Yea ah Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING PROPOSAL OF W.E. COATES & ASSOCIATES LTD. FOR PROFESSIONAL SERVICES Councilman Waters made a motion, seconded by Councilman Gilliam to adopt the aforementioned resolution, Yeas: Councilmen Gilliam, Kirkland, Waters and Mayor Verbic. Nays: Councilmen Hansen and Schmidt. 630 VOLUME XLVII RESOLUTION ACCEPTING PROPOSAL OF W. E. COATES & ASSOCIATES, LTD. FOR PROFESSIONAL SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts the proposal of W. E. Coates & Associates, Ltd.. for consulting services in connection with the Elgin Mental Health Center Reclamation Project to the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic RicTiard L. Verbic, Mayor Presented: December 22, 1982 Adopted: December 22, 1982 Vote: Yeas 4 Nays 2 Recorded: Attest: s/ atjnan Marie Yearman, City Cler ORDINANCE PASSED DESIGNATING AN ENTERPRISE Councilman Waters made a motion, seconded by Councilman Schmidt to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLV61 Ordinance No. G70 -82 AN ORDINANCE DESIGNATING AN ENTERPRISE ZONE UNDER THE ILLINOIS ENTERPRISE ACT WHEREAS, the State.of Illinois has passed legislation providing for the establishment of enterprise zones under the Illinois Enterprise Zone Act (Public Act 82- 1019); and WHEREAS, Section 2 of said Act provides as follows: The General Assembly finds and declares that the health, safety and welfare of the people of this State are dependent upon a healthy economy and vibrant communities; that the con- tinual encouragement, development, growth and expansion of the private sector within the State requires a cooperative and continuous partnership between government and the private sector; and that there are certain depressed areas in this State that need the particular attention of government, business, labor and the citizens of Illinois to help attract• private sector investment into these -areas and directly aid the local community and its residents. Therefore, it is declared to be the purpose of this Act to explore ways and means of stimu- lating business and industrial growth and retneion_in depressed areas of the State by means of relaxed government controls and tax incentives in those areas. and WHEREAS, included within the City of Elgin is,an area greater than one - half square mile and.less'than ten square miles more fully described below;.and WHEREAS, the aforesaid area is subject to and is experiencing economic depression including pervasive poverty, unemployment and economic distress; and WHEREAS; the City of Elgin conducted a public hearing concerning the designation of the area described above as an enterprise zone, after due notice in the mariner provided.by law; and WHEREAS, the City of Elgin has determined that the area described is a depressed area requiring a stimulation of business and industrial growth and retention and that the abatement of certain municipal taxes will con- tribute to the encouragement of construction of new commercial and industrial improvements and the rehabilitation of existing structures and increase employment opportunities by attracting and encouraging private sector investment:dtaereb5r-aiding the City of Elgin and its residents including those located within the area described. NOW; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: 631 Section 1. That the City Council of the City of Elgin hereby finds and determines that the area described below: (a) is a contiguous area located entirely within the City of Elgin; and (b) comprises a minimum of one -half square mile and not more than ten square miles in total area, exclusive of lakes and water- ways; and (c) is a depressed area; and (d) is -an area of low income household concentration as deter- mined through analysis of the 1980 federal census and (e) is.an area of the City which has experienced an average unemployment rate;of 15010 of the average statewide unemployment rate, for the most recent six month period for which data is avail- able as reported by the Illinois Department of labor, Bureau of Employment Security, Research and Development Section. Section 2. That the following described territory located wholly within the City of Elgin be and is hereby designated as an enterprise zone: That area in the central part of the City of Elgin, East of the Fox River; contained within the East Half of Section 11, Southwest Quarter of Section 12, West Half and Southeast Quarter of Section 13, East Half of Section 14 and the North Half of Section 24„ all in Township 41 North, Range 8 East; all in Kane County, Illinois. Described as follows:` Commencing at the intersection of the right -of -way centerlines of Summit Street Illinois Route 58, and Dundee Avenue; thence Southwesterly along said Dundee Avenue centerline to the intersection with the right -qf- way centerline of Center Street; thence Southerly along said Center Street centerline to the intersection with the right -of -way center- line of Division Street; thence' Easterly along said Division Street centerline to the intersection with the right -of -way centerline of Geneva Street; thence Southerly along said Geneva Street center- line to the intersection with the right -of -way centerline of Villa Street; thence Southeasterly along said Villa Street centerline totthe intersection with the right -of -way centerline of St. Charles Street; thence Southeasterly along said St. Chargles centerline to the intersection with the right -of -way centerline of May Street; thence Westerly along said May Street centerline, continuing along a prolongation of May Street centerline to the intersection with the east shoreline of the 'Fox River; thence Northwesterly along' the east shoreline of the Fox River to the intersection of the right -of -way centerline of Kimball Street; thence Easterly along said Kimball Street centerline to the intersection with the right- of-way centerline of Grove Avenue; thence Northerly along said Grove Avenue centerline to the intersection with the Westerly right -of -way line of the Chicago $ Northwestern Railroad; thence Northwesterly along said Westerly right -of -way lane of the Chicago $ Northwestern Railroad to the intersection with the right -of -way centerline of Jefferson Avenue; thence Westerly along said Jefferson Avenue centerline to the intersection with the east shoreline of the Fox River; thence Northerly along the east shore- line of the Fox River to the intersection with the Westerly VOLUME XLVII 633 prolongation of the right -of -way centerline of Slade Avenue; thence f Easterly along said Slade Avenue centerline to the intersection with the .right -of -way centerline of Grove Avenue; thence Southerly along said Grove Avenue centerline to the intersection with the right -of -way centerline of Plum Street; thence Easterly along said Plum Street centerline to the intersection with the right -of -way centerline of St. John Street; thence Southerly along said St. John Street centerline to the intersection With the right -of -way center- line of Summit Street, Illinois Route S8; thence Easterly along said Summit Street centerline to the point of origin at the inter- section with the right -of -way centerline of Dundee Avenue. . Section 3, That upon certification.by. the Illinois State Department of Commerce and Community Affairs of the area described as an Illinois enterprise zone, the City of Elgin, acting through its appropriate officials, and in the manner provided by law, shall abate 100 percent of taxes levied upon real property located within the enterprise zone not to exceed the amount attribu- table to the construction of improvements and the renovation or rehabilitation of existing commercial and industrial, improvements after certification of the enterprise zone, except that such abatement shall not apply to improve- ments made under the Illinois Real Property Tax Increment Allocation Redevelop- ment Act. Section 4. That the term of the enterprise zone designated herein shall be for a period of ten years after certification by the Illinois State Depart- ment of Commerce and Community Affairs as provided by law. Section 5. That the City Manager is hereby authorized and directed to cause to be prepared and to execute and file an application with the Illinois State Department of Commerce and Community Affairs in accordance with the pro- Visions of the Illinois Enterprise Zone Act and to provide such additional information and documents as may be required by the Department and to otherwise take such action as may be necessary on behalf of the City of Elgin to obtain certification by the Department of the enterprise zone herein established. Section 6. 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 Presented: December 22, 1982 Passed: December 22, 1982 Vote: Yeas 6 Nays O Recorded: Published: At- s: ,t_e_ Ps Ma r0. i e as n Marie Yearman, City Clerk 634 VOLUME XLVII AUTHORIZATION OF PAYMENT TO VARIOUS VENDORS Owen Gill Roofing $3,580.00 Roof repairs at 138 S. Grove. Wayne Zimmerman Const. Co. 6,875,00 Turning radius improvements Kimball and,Grove. Illinois Hydraulic 3,200.00 In- Downtown Elgin Assn. 3, 284.92 Cost overrun on Streetscape contract. Mall Christmas decorations. Auto Clutch & Parts 1,555.34 Stock for bus fleet, Dundee Ave. Auto 1,808.50 Repairs to Police Dept. vehicles Thompson Elevator 2,024.00 Semi- annual inspections. Councilman Gilliam made a' motion, seconded by Councilman Schmidt to approve the aforementioned payments. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic, Nays: None, RESOLUTION ADOPTED ACCEPTING GRANT OF EASE Councilman Gilliam made a motion, seconded by Councilman Kirkland to adopt the aforementioned "resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None, VOLUME XLVII ,RESOLUTION ACCEPTING GRANT OF EASEMENT FROM NORTHERN ILLINOIS GAS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a grant of easement for the installation, construc- tion, operation and maintenance of a storm sewer for public purposes, a copy of which is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grant of easement hereby accepted to be recorded in the office of the Recorder of Deeds of Kane. County, Illinois° s/ Richard Le Verblc Richard L. Verbic, Mayor Presented:. December 22, 1982 Adopted; December 22, 1982 Vote; Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearm n Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING X FIRE PROTECTION AGREEMENT WITH SHAKEPROOF DIVISION, ILLINOIS TOOL WORKS, INC. Councilman Water's made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verblc. Nays: None. 635 636 RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT WITH SHAKEPROOF DIVISION, ILLINOIS TOOL WORKS; INC. VOLUME XLVII 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 Lo er ic, yor Presented: December 22 1982 Adopted: December �2, 1982 Vote Yeas 6 Nays 0 Recorded: Attest: a s/ Marie Ye man Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A FIRE PROTECTION AGREEMENT WITH DESOTO, INC. Councilman Kirkland made a motion, seconded by Councilman Schmidt to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays; None. r` � i INW141I1111I RESOLUTION AUTHORIZING A FIRE PROTECTION AGREEMENT WITH DESOTO, INC. 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/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 22 1982 Adopted: December L, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: L S/ Marie Yearm n Marie Yearman, City Clerk RESOLUTION ADOPTED AUTHORIZING A:FI'RE PROTECTION SERVICE AGREEMENT (Fraternal Order o Eag es 637 Councilman Gilliam made a motion, seconded by Councilman Hansen to adopt the aforementioned resolution. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. 638 VOLUME XLVII RESOLUTION AUTHORIZING FIRE PROTECTION SERVICE AGREEMENT ' (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. sf Richard L. Verbic RIEHard L. VerBic, Mayor Presented: December 22, 1982 Adopted: December 22, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yea an Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE MANAGEMENT GROUP.BENEFIT PROGRAM Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas- Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic. Nays: None. VOLUME XLVII Ordinance No. G69 -82 AN ORDINANCE AMENDING THE MANAGEMENT GROUP BENEFIT PROGRAM WHEREAS, the City Council of the City of Elgin authorized a benefit program for management employees and certain confidential clerical employees in addition to the basic benefit plans provided employees; and WHEREAS, in consideration of the changing benefit program for employees covered by negotiated agreements, it is therefore fit and proper from time to time to review and amend the management benefit program. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 10 or Ordinance G -1648; passed December 23, 1973, as amended, is hereby further amended to read as follows:. "Section 10. That there is hereby established a benefit program for the position of City Manager, Police Chief, Public Works Director, Community Development Director, Finance Director, . Fire Chief, Public Property and Recreation Director, Building Maintenance Director, Transit Director, Assistant to the City Manager, Water Operations Director, Engineering Director and Deputy Finance Director as follows: (1) Vacation - 1 - :10 years of service - 3 weeks 11 years and over - 4 weeks. (2) Sick Leave - Sixty (60) days placed on account when commencing employment. (3) Life Insurance - $20,000 coverage. (4) Medical Insurance - Comprehensive Major Medical Insurance program with employee option to con- tinue upon retirement until age 65, after twenty (20) years service with payment of premium by retiree.- (5) Physical Exam - $50 reimbursement for annual physical examination. (6) ;:Holidays - Six (6) holidays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and four (4) additional holidays which shall be,designated administra- tively by the City Manager. (7) Uniform Allowances - Fifty Dollars ($50) uniform allowance differential for Fire and Police manage - ment personnel above the authorized annual employee allowances for Fire and Police employee groups." 639 Section 2. That Section 11 of Ordinance G -1648, passed December 23, 1973, as amended, is hereby further amended to read as follows: "Section 11. That there is hereby established the benefit program for the positions of Deputy Police Chief, Police Captain, Engineering Supervisor, Deputy Fire Chief, Police Lieutenant II Accounting Manager, Assistant Corporation Counsel, Civil Engineer. II, Parks Superintendent, Data Processing Supervisor, Public Works Superintendent, Water Operations Engineer, Purchasing Agent, Senior Planner, Streets Superintendent; Electrical Superintendent, Garage Manager, Greens Superintendent, Recreation Director, Construction Superintendent and Administrative Assistant as follows:. (1) Vacation - 1 to 5 years of service - 2 weeks 6 to 11 yearn of service - 3 weeks 12 years and over - 4 weeks (2) Sick Leave - Thirty (30) days placed on account upon commencement of employment. (3) Life Insurance - $17,500 coverage. (4) Medical Insurance - Comprehensive Major Medical Insurance program with employee option to continue upon retirement until age 65, after twenty (20) years of service with payment of premium by retiree. (5) Physical Exam - $50 reimbursement for annual physical examination (6) Holidays - Six (6) holidays, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and four (4) additional holidays which shall be designated administra- tively by the City Manager, (except Fire management shift personnel who shall observe two =(2) personal days). (7) Uniform Allowances Fifty Dollars ($50) uniform allowance differential for Fire and Police management above the authorized annual employee allowances for Fire and Police employee groups." Section 3.- That Section 1.2 of Ordinance G- 1.648, passed December 23, 1973, as amended, is hereby further amended to read as follows: "Section 12. That there is hereby established a benefit program for the positions of Fire Captain, Police Lieutenant I, Associate Planner, Crime Analyst, Public Health Officer, Assistant Recreation Director, Auditorium Operations Manager, Chief Plant Operator, Sewer Supervisor, Transit Supervisor, Assistant Public Works Superintendent, Chief Engineering Inspector, Civil Engineer I, Accountant, Planner, Assistant Building Maintenance Superintendent, Water Meter Supervisor, Garage Supervisor, City Clerk, Human Relations Coordinator,.Program Coordinator, Parking Meter Supervisor, Water Laboratory Chemist, Management Analyst, Programmer, Recreation Supervisor, Executive Secretary and the confidential clerical positions of Legal Secretary, Personnel Assistant and Police Secretary as follows: (1) Vacation - 1 to 7 years of service - 2 weeks 8 to 13 years of service - 3 weeks 14 years and over - 4 weeks (2) Sick Leave - Fifteen (15) days placed on account upon commencement of employment. (3) Life Insurance - $15,000 coverage. (4) Medical Insurance - Comprehensive Major Medical Insurance program with employee option to con- tinue-upon retirement until age 65, after twenty (20) years of service with payment of premium by retiree. (5) Physical Exam - $50 reimbursement for annual physical examination. (6) Holidays - Six (6) holidays, New Year's Day, Memorial Day,, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and four (4) additional holidays which shall be designated administrativ- ely by the City Manager, (except Fire management shift personnel who shall observe two (2) personal days). (7) Uniform Allowances - Fifty Dollars ($50) uniform allowance differential for Fire and Police manage- ment personnel above the authorized annual omnlnvaa Allowances for the Fi- and Police employee groups. (8) Tool Allowance - Twenty -five Dollars ($25) tool allowance differential for Garage Supervisor above the authorized allowance for Automotive Mechanic." Section 4. That the City Manager is hereby authorized and directed to prepare an appropriate schedule reflecting the foregoing amended management benefit program of the City of Elgin. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. 642 VOLUME XLVII Section 6. That this ordinance shall be in full force and effective as of December 26, 1982; s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 22, 1982 Passed: December 22, 1982 Voter Yeas 6 Nays O Recorded: Published: Attest: s/ Marie Yearma Marie Yearman, City Clerk DINANCE PASSED AMENDING ARTICLE IV. ENTITLED Councilman Gilliam made a motion, seconded by Councilman Waters to pass the aforementioned ordinance. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schm'ldt,.Waters and Mayor Verbic. Nays: None. i Ordinance No. G68 -82 AN ORDINANCE AMENDING ARTICLE IV. ENTITLED "THE ADOPTION AND ADMINISTRATION OF POSITION CLASSIFICATION AND PAY PLANS" OF CHAPTER 6 OF THE CITY CODE (ORDINANCE NO. S -569, PASSED DECEMBER 23, 1955) AS PERTAINS TO THE COMPENSATION PLAN AND TO THE SCHEDULE OF STANDARD SALARY RANGES AND THE OFFICIAL SALARY PLAN OF THE CITY OF ELGIN, ILLINOIS, AS AMENDED WHEREAS, the City Council of the City of Elgin has, in addition to ratifying and approving negotiated understandings reached by the City of Elgin's Wage and Benefit Committee and various Employee Relations Committees, approved wage and benefit packages for employees not covered by a negotiated understanding; and WHEREAS, the City of Elgin has agreed to implement a new schedule for management employees as described herein, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1, That there is hereby added to and forming a part of Article IV of Chapter 6 of the City Code (Ordinance No. S -569, passed December 23, 1955), as amended, the following amended schedule of standard salary ranges, forming the official salary plan which shall read as follows: OFFICIAL MANAGEMENT 'A' GROUP SALARY PLAN Salary Range Position I II III IV V VI 68 A City Manager 4620 58 A Police Chief 3028 3159 3297 3443 3591 3745 Fire Chief Public Works Director/ City Engineer 55.A Finance Director 2840 2967 3093 3228 3368 3516 52 A Public Property and 2661 2779: 2902 3028 3159 3443 Recreation Director Water Operations Director 50:A Assistant to City Manager 2556 2661 2779 2902 3028 3159 Engineering Director Planning Director 47. .A Building Maintenance Director 2395 2497 2605 2720 2840 2967 Deputy Finance Director 46 A Transit Director 2346 2445 2550 2661 2779 2902 Section 2. That there is hereby added to and forming a part of Article IV of Chapter 6 of the City Code (Ordinance No. S -569, passed December 23, 1955), as amended, the following amended schedule of standard salary ranges, forming the official salary plan which shall read as follows: OFFICIAL MANAGEMENT 'B' GROUP SALARY PLAN Salary Range, Positron I II III IV V VI 50 B2 Deputy Police Chief 3033 3162 49 B2 Deputy Fire Chief 48 B1 Police Captain 48 B Engineering Supervisor 46 B3 Police Lieutenant 2965 3097 2792 2907 3033 2443 2550 2663 2774 2891 3017 2792 2907 46 B Civil EngineertII 2349 2443 2550 2663 2774 2891 Parks Superintendent Public Works Superintendent Water Operations Engineer 44 B Accounting Manager Purchasing Agent Senior Planner Senior Planner /Land Use Administrator 43 B Data Processing Supervisor 41 B Electrical Superintendent Garage Manager Greens Superintendent Recreation Director 34 B Assistant Corporation Counsel 2250 2349 2443 2550 2663 2774 2207 2298 2397 2496 2605 2718 2117 2207 2298 2397 2496 2605 1835 1914 1986 2068 2163 2250 Section 3, That there is hereby added to and forming a part of Article IV of Chapter 6 o the City Code (Ordinance No. S -569, passed December 23, 1955), as amended, the following amended schedule of standard salary ranges, . forming the official salary plan which shall read as follows: Salary ition OFFICIAL MANAGEMENT 'C' GROUP SALARY PLAN 45 Cl Fire Captain - Administration 44 C5 Fire Captain 43 C4 Police Lieutenant I 43 C Crime Analyst /Records I II, III= IV V VI 2721 2845 2665 2780 2505 2610 2721 2204 2293 2390 2492 2599 2711 t f. Salary ,. Range Position I II III IV V VI 40 C Associate Planner 2068 2163 2250 2349. 2443 2550 Public Health Officer 38 C Assistant Recreation Director 1986 2068 2163 2250 2349 2443 Auditorium Operations Manager Chief Plant Operator Sewer Supervisor Transit Supervisor 37 C Assistant Public Works 1942 2024 2117 2207 2298, 2397 Superintendent Construction Supervisor Chief Engineering Inspector Civil Engineer I 35 C Accountant 1863 1942 2024 2117 2207 2298 City Clerk Planner 34 C Assistant Building Maintenance 1835 1914 1986 2067 2163 2250 Superintendent Parks Maintenance Supervisor Water Meter Supervisor Cl Assistant Garage Manager 33 C Human Relations Coordinator 1787 1863 1942 2024 2117 2207 Program "Coordinator ; 32 Cl Parking Meter Supervisor 1751 1835 1914 1986 2067 2163 31 C Water Laboratory Chemist 1714 1787 1863 1942 2024 2117 29 C Management Analyst 1645 1714 1787 1863 1942 2024 Programmer Recreation Supervisor 24 C Executive Secretary 1482 1545 1610 1679 1751 1835 Personnel Assistant 15 C Legal Secretary 1229 1282 1336 1393 1452 1513 6 C6 Clerk- Typist - Personnel 1020 1063 1107 1155 1204 .1225 Section 4. That all other ranges in the 'A', 'B' and 'C' schedule of standard salary ranges be and are hereby amended accordingly and that the City Manager is hereby authorized and directed to prepare the appropriate schedules reflecting the foregoing amendments to salary ranges of the City of Elgin, 646 VOLUME XLVII Section 5. That all ordinances or parts of ordinances in conflict °with the provisions, of this ordinance are .hereby repealed. Section 6;.- That this ordinance shall be in full force and effect as of December 26, 1982. sJ Richard L: Verbic' Richard L. Verbic,;Mayor Councilman Gilliam made -a motion, seconded by Councilman. Hansen to publish a notice of public hearing for the Nor;th`End Bridge Project on January 26, 1983, at 7:30 p.m. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and-,Mayor Verbic. Nays: None. REPORTS REC'EIVED,AND ORDERED PLACED ON.FILE Sales tax report for September, 1982 Public Works report for October, 1982 Traffic Committee Minutes for December, 9,.1982; Property and Recreation Board.Mihutes for December 14, 1982 Cemetery report for October, 1982 Cemetery report for November, 1982 Budget Summary dated December 9, 1982 Councilman Gilliam made a motion, seconded by Councilman Schmidt to place the aforementioned reports on file. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt, Waters and Mayor Verbic, Nayso None, RECOGNIZE PERSONS PRESENT Carolyn Currie, 363 Franklin: We are here concerning the property at 266 Gifford. The property has been vacant and as far as we know abandonded for several years. I have lived at my present address for five years and I have called numerous amount of people trying to get that property cleaned up and each year all I can get done is get the weeds mowed off. F Y VOLUME XLVII 647 Right now we are requesting, in fact we are begging the City to do something, to come along with us, join us in our campaign and clean up this lot. i also know that there is warrants out against Mr. Carlson, he is to go to court January 31st and believe it or not we are going to be there. We have pictures, we have a petition from the neighborhood, it is a eyesore, it is a hazard and all we are asking is that the city go along with us and help us get it cleaned up. Leo Nelson: The Mayor did bring this matter to our attention and our public works crews are scheduled to be out there tomorrow morning to remove the debris and Mr. Carlson is scheduled to be in court on January 31st. We think we will have the matter well in hand by tomorrow. Mrs, Currie; Fantastic, we will be out there to help. ADJOURNMENT Councilman Hansen made a motion, seconded by Councilman Kirkland to adjourn the Council meeting. Yeas: Councilmen Gilliam, Hansen, Kirkland, Schmidt Waters and Mayor Verbic. Nays; None. The meeting was adjourned at 9:20 p.m. Marie Yearman,•City Clerk